STAGES IN A CRIMINAL PROSECUTION

The primary steps involved in processing a criminal case are summarized below to help you understand what happens when a person is accused of a crime.

–In cases involving misdemeanor offenses, usually your first and only appearance in court will be for the actual trial.

–In a felony case, your first appearance as a witness may be for a preliminary hearing.  This hearing is not held to determine the innocence or guilt of the accused but merely to determine whether there is sufficient evidence to charge the defendant with a crime.  If the judge determines that the evidence establishes sufficient probable cause to believe the accused probably committed the crime for which he/she is charged, the judge will refer the case to the Grand Jury.  In this event, the judge may order the accused to be imprisoned or released on bail.

–The Grand Jury is a group of 18 citizens randomly selected to hear evidence about crimes allegedly

committed within the county.  The proceedings are confidential and not open to the public. The Grand Jury will decide whether there is sufficient evidence to charge the accused with a crime and require him/her to stand trial.  If sufficient evidence is found, the Grand Jury will issue an indictment, which is the official document that charges the individual with a crime.  These proceedings are not open to the public and unlike preliminary hearings, the accused and his lawyer are not present when you testify.  Only those witnesses summoned will attend.

–In most cases, pretrial motions are prepared by the defense or prosecuting attorneys.  Occasionally, you may be called upon to testify at hearings regarding such motions.

–The accused charged with a criminal offense is entitled to an arraignment prior to trial. In felony cases, arraignment is held after the Grand Jury returns an indictment.  It is at this point that the judge informs the defendant of the charge(s) against him/her and asks how the defendant pleads. The defendant enters his plea and a trial date may be set at that time.  As a witness, you are NOT required to be present at the arraignment.

–It may be necessary to postpone a hearing, trial, or other proceeding until another day or time.  We will do our best to notify you in advance when we are aware of such a situation.  Such a postponement is called a continuance.  If the trial of a case is continued, you will be notified of the date to which the case has been reset and when you are expected to appear.

–Many cases are settled before the trial by the defendant pleading guilty to the charge(s). This is a process whereby the defense counsel and the prosecutor settle the case in a mutually agreed upon manner, subject to the approval of the Court. When a defendant pleads guilty and is sentenced by the court, judicial time is saved and expense is greatly reduced, thus saving taxpayer dollars.  You will be notified of this development when/if it occurs.  Should you wish to have input into this process, please notify the Assistant District Attorney assigned to your case.  Otherwise, with the vast number of cases dealt with by this office, you might not be notified in some instances.

The trial is the most important part of your criminal justice system.  In a trial, the guilt or innocence of

the accused is determined by either a judge or a jury, after hearing all the testimony from the State’s

witnesses as well as any witnesses the defendant may present on his behalf. It is absolutely essential that you, as a witness for the State of Alabama, be present and testify.

      Misdemeanor cases are tried initially in District Court before the judge and without a jury. If the

defendant is found guilty, he may appeal to Circuit Court for a new trial.  At the Circuit Court level the

defendant has the option of a jury trial at his request.  If the defendant goes to Circuit Court, you may be summoned to Court again as a witness.

     The trial of a felony case begins in the Circuit Court and is usually heard by a jury of twelve people,

randomly selected, who will determine the guilt or innocence of the accused.  The jury makes its decision based on the testimony of witnesses and evidence during the trial.

      All felony cases to be tried in a given week are set for trial in the early part of the week.  We usually

have two Circuit Judges trying felony cases and because of variables such as unavailable witnesses and the length of time it will take to try a given case, it is necessary that more cases be docketed than can actually be tried that week to insure that a maximum number of cases will be disposed of. This may result in some cases remaining undisposed of at the end of the week.  These undisposed of cases will be re-docketed for trial at a later date.

     When a case is set for a given Monday, the case may come up for trial any day that week.  Cases set

for a given week are usually disposed of in numerical order.

     Trials are usually open to the public.  As a witness, you will be entitled to hear the case after your

testimony unless the judge or one the parties invokes what is commonly known as “The Rule.”  When

The Rule is invoked, witnesses will not be allowed in the courtroom until they are called to testify. 

However, any victim who will be called as a witness is allowed to remain in the courtroom during the

course of the trial.  As a non-victim witness, do not be offended if you are not allowed to remain in the

courtroom during the trial.  The purpose of this rule is to assure that the testimony of one witness is not influenced by what other witnesses say on the stand.

The trial of a criminal case in Circuit Court follows the procedure outlined below:

–The opening statements outline the proof expected to be presented to the jury.

     Opening statements are not evidence, but are only explanations by the attorneys of what each side

expects the evidence to prove.

–After the opening statements, the District Attorney presents the evidence on behalf of the prosecution referred to as the state’s case.  This begins with the District Attorney’s direct examination of a witness.  Next, the defendant’s attorney may cross-examine the witness.  Upon completion, the District Attorney may again question the witness.  This is called redirect examination.

–The defendant’s case is presented after the state has presented its evidence and follows the same format as the state’s case.  This is the usual procedure; however, the defendant need not present any evidence if he/she so chooses. The defendant is not required and cannot be made to testify.

–At the conclusion of the defendant’s case, closing arguments will be presented. Closing arguments are not evidence, but are only summaries by both sides of the evidence presented during the trial from their respective viewpoints.

–The judge’s charge to the jury follows closing arguments.  At this time, the judge will instruct the jury

on the issues to be decided and the rules of law that apply to the case.

—Jury Deliberations begin after the judge’s oral charge.  At this time, the jury begins considering the

evidence and decides whether the defendant is guilty or not guilty.

–Jury deliberations are concluded when a unanimous verdict has been reached. The foreman of the jury records the verdict calls the bailiff to escort the jury to the courtroom.  The verdict is then announced.

     Sometimes, jurors cannot reach an agreement on the verdict in a case.  This is called a “hung jury.” In Alabama, when this happens, the trial judge may give the jury further instructions on the importance of reaching a verdict.  If the court determines that the jury is hopelessly deadlocked, the judge may declare a mistrial. A mistrial means that a new trial may be held.

If a defendant is convicted of a criminal offense, the judge will determine the appropriate sentence. 

Sentencing may occur immediately following the jury’s verdict or at a future hearing following the

preparation of an investigative report.  At sentencing, the judge will explain the terms of the sentence to the defendant and advise him of his right to appeal the conviction. 

     If the defendant is found guilty of committing a crime, he/she may be required to go to jail or prison

for a certain length of time. A person found guilty of committing a misdemeanor is sent to the county jail.

A person found guilty of committing a felony is sentenced to serve time in a state penitentiary, or in

certain instances, in the county jail. Any time spent in jail by the defendant while awaiting trial must be credited against the defendant’s sentence.  A defendant can request that he/she be considered for

probation and the judge must then set a hearing date.

The court may impose a fine in addition to a prison sentence. The fine is paid to the court, not to the

victim and is considered part of the punishment.

If a defendant desires to appeal a conviction, the judge MAY release him on bail until the Court of

Criminal Appeals makes its decision.  If the appeal is taken, you will not be required to appear as a

witness before the appellate court.  However, some cases are returned to the trial court for additional

proceedings.  You will be notified if your testimony is needed again.

The District Attorney represents the State of Alabama in criminal prosecutions.  The defense attorney

represents the accused.  Together, they represent the “parties” in the case.  These attorneys may want to discuss the case with  you.  If you have any questions as to who you should or can talk to, please call the Victim Service Officer assigned to your case.

A subpoena is a court order directing you to appear in court at a particular time and place.  It may be

delivered to you by mail or in person.  It does not mean that you are charged with an offense.  Its purpose is to call you to court so that you may tell what you know about the case.

     When subpoenaed, it is your duty to appear in court.  If you fail to appear, the judge has the option of holding you in contempt.  Contempt of Court is punishable by a fine or possible jail time.  Inform your employer that you have been called to testify and arrange to be absent from work for a period of time. 

Your employer cannot legally discharge, punish, or threaten you for attending a criminal proceeding when you have been subpoenaed.

     Nobody has yet devised a good system by which all inconvenience for witnesses can be avoided. In

order to minimize the time in which your presence in court will be required, our office maintains an “ON CALL” service for witnesses.  You MAY be placed on call, at the discretion of the Assistant District

Attorney assigned to your case; however, the process must be conducted in the following manner:

1. After you receive your subpoena, call the District Attorney’s Office at (205) 669-3750 and

request to be placed on the “ON CALL LIST.”

2. You will be asked for a telephone number (or numbers) where you can be reached during the

week of the subpoena and will be notified by the District Attorney’s Office if your testimony

becomes necessary.

3. It will not be necessary for you to come to the courthouse until you are notified.  It is important to

remember, however, that if you are placed on the “ON CALL LIST,” you MUST be able to

arrive at the courthouse within one hour after notification by telephone.  Other arrangements

MAY be made for witnesses who must travel long distances.

     The “ON CALL” procedure applies ONLY for trial of the case in Circuit Court and is NOT available

for preliminary hearings or Grand Jury.  If, at any time before the case is disposed of, you should move

from your current address or change your telephone number, please call the District Attorney’s Office and update your information with us. THIS IS VERY IMPORTANT!

VIOLATION—An offense against the state, punishable by a term of imprisonment no exceeding 30 days

and/or a fine.

MISDEMEANOR—An offense against the state, punishable by imprisonment in the county jail of up to

one year and/or a fine.

FELONY—Most serious class of criminal offense punishable by imprisonment in the state prison system for more than one year.  Additional fees and fines may be imposed.

If a defendant desires to appeal a conviction, the judge MAY release him on bail until the Court of

Criminal Appeals makes its decision.  If the appeal is taken, you will not be required to appear as a

witness before the appellate court.  However, some cases are returned to the trial court for additional

proceedings.  You will be notified if your testimony is needed again.