In Alabama there are four trial courts which hear cases involving criminal offenses.

They are:

• Municipal courts – hear cases involving violations of city ordinances and some misdemeanor offenses.
• District courts – hear cases involving misdemeanor offenses and also conduct preliminary hearings in felony cases.
• Circuit courts – conduct trials involving felonies and also hear appeals from municipal and district This is the only court in which a jury trial is held.
• Juvenile courts – adjudicates cases involving juveniles charged with the commission of crimes.

In Alabama there is an appellate system which includes the Court of Criminal Appeals and the Alabama Supreme Court. These courts do no try cases; they simply review the actions of a lower court.

The primary stages of processing a criminal case are summarized in the next pages to help you understand what happens when a person is accused of a crime.

Preliminary Hearing

In a felony case your first appearance as a witness will take place at a preliminary hearing. A preliminary hearing is not a trial, but a short hearing to determine if there is reasonable cause to believe the accused committed the crime. You, as the victim, will probably be asked to tell the judge what happened. This may be the first time you have seen the accused since the crime was committed. The arresting or investigating officer will tell the judge about the crime and the arrest. No jury will be present. If, after listening to the evidence from all parties, the judge decides that the evidence does not justify sending the accused to trial, he/she must release the accused. However, the case may still be presented to a grand jury for consideration of the facts. If the judge finds that there is reasonable cause, he/she will order the defendant to be held in custody or released on bail and refer the case to the grand jury.

In a preliminary hearing, the defense typically does not present witnesses, but will usually question the witnesses presented by the prosecution. A preliminary hearing in a felony case:

• is usually held within seventy-two hours of the arraignment (the first court appearance);
• is held to determine if there is reasonable cause to believe the defendant committed the crime;
• is held before the judge only (no jury);
• is the first formal confrontation with the defendant;
• determines whether the case should be sent to the grand jury

Grand Jury

The grand jury is a group of eighteen citizens summoned to hear evidence about crimes which have allegedly been committed within its jurisdiction. The grand jury determines whether there is enough evidence to proceed to trial.

The grand jury proceedings are held in private. The only people allowed before the grand jury are the district attorney, the court reporter, and witnesses. You, as a victim, will not be allowed in the grand jury room either, unless you are giving testimony as a witness. The judge, defendant, and defense attorney are also not allowed to be present. In unusual circumstances, the defendant may testify. After listening to the testimony, the grand jury decides by majority vote whether to issue an indictment or a "true bill." If the grand jury decides there is not enough evidence to continue to charge the defendant, they will "no bill" the case. If a case is "no billed," the charge is dismissed and the defendant is released from custody if he/she was being held.

You may be notified by the victim service officer in the district attorney's office of the outcome of the grand jury. If it is "true billed," it will be given to the judge to set a date for the next court proceeding.

If you would like to take an active role in your case, inform the district attorney in writing of your request.

Arraignment

After an indictment is returned by the grand jury, the defendant is arraigned. This usually occurs within a week of the grand jury indictment. At this point, the district attorney reads the indictment or charge against the defendant. The defendant, through his/her attorney, enters his/her plea of guilty, not guilty, or not guilty by reason of insanity. The judge then sets the dates for the trial. As a victim and/or a witness you are not required to be present at the arraignment. After the trial date is set, you should be notified by the district attorney's office. Please remember to ―invoke your rights‖ by mailing a written request to the district attorney (with your contact information) asking to be notified of the date and time of all proceedings.

Role of Attorneys

The district attorney represents the state of Alabama in criminal prosecutions. In municipal court, the city prosecutor represents the city in the prosecution of criminal cases. The defense attorney represents the person accused of a criminal offense. These attorneys are referred to as representing the "parties" involved in the case. Either one or both of these attorneys may want to talk to you about what you know concerning the case. You do not have to talk with the defense attorney outside of official court proceedings.

However, that decision is, of course, up to you. It is recommended that you not talk with the defense attorney without the approval of the district attorney.

The Victim’s Role

Usually victims have many questions during the criminal justice process. It is up to you as a victim to ask questions and get them answered to your satisfaction. It may also be up to you to ask about restitution, which is the court-ordered recovery of the financial losses you suffered as a result of the crime.

Tell the truth throughout the proceedings. Be as accurate as possible when calculating your loss estimates for the restitution affidavit the district attorney’s office will ask you to complete. Be cooperative with law enforcement and the district attorney. They are doing their best to remove criminals from the streets even though you may not agree with everything you see or hear during this ordeal.

Although it is not necessary, some victims choose to hire their own attorney. The district attorney's office represents the public and therefore, your case. If you choose to hire your own attorney, it is a good idea to ask if he/she has any experience with victims of violent crime and their rights. You will be responsible for the cost of hiring a private attorney.

Motions

In almost all cases, there are pre-trial "motions" filed by the defense attorney and the prosecutor before the trial begins. Sometimes the judge allows the prosecutor and defense attorney to make their arguments regarding these motions immediately before the trial begins. Occasionally, it may be necessary to have a witness, such as yourself, testify at these motions. If you do not understand the motions (they can be quite confusing), ask the victim service officer or the prosecutor to explain them to you.

Continuances

A "continuance" is a postponement of a hearing, trial, or other proceeding until another date and/or time. If the trial of the case is continued, you will receive a new subpoena (if you are to testify) informing you of the reset date and the time you are expected to appear. Please remember to give the district attorney’s office written notification that you wish to be advised of all proceedings. They are not required to notify you unless you make the written request.

Plea Bargaining

Many cases are settled without trial by negotiations between the parties. In criminal cases, the process of settlement without trial is called "plea bargaining." This is an arrangement where the accused, the defense attorney, and the prosecutor settle the case in a mutually agreed upon manner, subject to approval by the court. Plea bargaining is an accepted method of settling cases which often reduces judicial expense and time, and eliminates further appearances in court by you as a witness or victim of crime. Alabama law requires the prosecuting attorney to obtain the victim's input before accepting a plea from the defendant. However, the decision to accept or offer a plea bargain is ultimately up to the district attorney’s office.

Provided that you have notified the district attorney in writing, you will be notified by a prosecutor or victim service officer if a plea is taken and the case is disposed. After a plea is taken by the judge, it cannot be recovered. If you are unhappy about the plea, you can register a complaint with the district attorney and with the court, but the outcome will likely not change.

Before Coming to Court:

• If you are going to testify about records, familiarize yourself with them before trial;
• Do not try to memorize what you will say in court, but try to recall exactly what you observed at the time of the incident.

On the Day You are Called to Court

• If you have been summoned by a subpoena, bring it to court with you. The subpoena will provide information regarding when and where to Call the prosecutor handling your case or the victim service officer to make sure the case has not been postponed;
• While in the courthouse, conduct yourself in a dignified manner. The trial of a criminal case is a serious matter;
• Dress Try to dress as if you were going to church. This does not mean that you have to wear a suit or buy new clothes. Dress nicely and neatly. A clean shirt and well-pressed pants will be fine unless the court or prosecutor advises you to dress differently. Do not wear jeans, shorts, t-shirts, tank tops, etc.

When You are Called to the Stand

• It is normal to feel nervous when called to the However, there is no reason to be.
• When you are called to the witness stand, you will be asked to take an oath to tell the truth. Remember the seriousness of this oath during the entire time you are testifying. If you willfully fail to tell the truth while testifying, you will be subject to penalties for perjury.
• If asked if you have discussed the case with anyone, be sure to mention any times you have talked with the prosecutor, law enforcement, or any others.
• When answering questions, speak clearly and loudly enough so that you can be heard. Since the court reporter must hear your answer, do not respond to a question by shaking your head.
• If a jury will decide the case, look at them while you are answering the attorney's
• Listen carefully to the Before you answer, be sure you understand the question. If you do not understand the question, do not be afraid to say so.
• Do not give your personal opinion or conclusions when answering questions unless specifically asked to do Give only the facts as you know them, without guessing or speculating. If you do not know, say you do not know.
• If you realize you have answered a question incorrectly, ask the judge if you may be allowed to correct your mistake.
• If the judge interrupts or an attorney objects to your answer, stop answering immediately. Likewise, if an attorney objects to a question, do not begin your answer until the judge tells you to do so.
• Be polite while answering the Do not lose your temper with the attorney questioning you.
• You should never attempt to talk to a juror about the case or any other matter while the case is being This includes chance meetings during recesses in hallways, at lunch, or any other place.

Trial Begins

In cases involving misdemeanor offenses, your first and only court appearance may be the actual trial. Misdemeanor cases are tried initially in district court before the judge and without a jury. If the defendant is found guilty, he/she may appeal to circuit court and have a new trial of his/her case before a jury, provided that a jury trial is requested. If the defendant does appeal to circuit court, you will probably 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 who will determine the guilt or innocence of the accused. Sometimes the jury may contain an ―alternate‖. The function of an ―alternate‖ juror is to replace a ―regular‖ juror who for some reason becomes unable to serve during the course of the trial. The jury makes its decision based upon evidence presented during the trial.

Trials are usually open to the public. However, in some instances, a witness may be excluded from the courtroom until after he/she has testified. This happens when ―the rule is invoked. "The rule" simply requires that witnesses not be allowed in the courtroom until after they have testified. However, as a victim, you have a right to be present in the courtroom for the trial of your alleged offender. The Courtroom Attendance Act is the law that provides Alabama’s crime victims the right to remain in the courtroom even if they are testifying. Sometimes, a defense attorney will subpoena a victim’s family members and friends. This means that they will not be able to remain in the courtroom with the victim throughout the trial. A victim advocate can be a great source of support in the instance this happens to you. You may want to discuss this with the prosecutor handling your case before trial begins.

The trial of a criminal case in circuit court follows the below-listed outline:

• Opening Statements – The opening statements outline the proof to be presented to the jury. Opening statements are not evidence, only explanations by the attorneys of what each side expects the evidence to prove.
• State's Case – After the opening statements, the prosecutor presents evidence on behalf of the state. This begins with the prosecutor's direct examination of a witness. Next, the defendant's attorney may cross-examine the witness. Upon completion, the prosecutor may again question the witness. This is called re- direct examination.
• Defendant's Case – The defendant's case is presented in the same format as the state's case. The defendant may choose not to present any evidence.
• Closing Arguments – Closing arguments follow evidence presentation. Both attorneys summarize the case from their viewpoints. Closing arguments are not evidence, but summaries of the evidence presented during the trial.
• Charge to the Jury – The judge's instructions to the jury follows closing arguments. The charge instructs the jury on the issues to be decided and the rules of law that apply to the case.
• Jury Deliberation – After listening to the judge's oral charge, the jury goes to the jury room to consider the evidence and decide whether the defendant is guilty or not guilty.
• Verdict – Deliberations conclude when a unanimous verdict has been reached. The foreman of the jury records the verdict and calls for the bailiff to escort the jury to the courtroom. The verdict is then announced. Sometimes jurors cannot reach an agreement regarding the verdict in a case. This is called a hung jury.
  In Alabama, when the jury is hung, the trial judge may give them further instructions on the importance of reaching a verdict. If the court determines that the jury is hopelessly deadlocked, the judge must declare a mistrial. A mistrial means that a new trial will most likely be conducted.

Appeal from Circuit Court

If the defendant decides to appeal his/her conviction after sentencing, the judge may release him/her on bail until the Court of Criminal Appeals makes a final ruling. If the defendant is sentenced to over twenty years, bail is not allowed. You, as the victim, are not required to appear before the appellate court as a witness.

The Attorney General represents the state of Alabama in all criminal cases appealed by defendants. After the trial, the defendant has forty-two days to give notice of the appeal to the trial court. Shortly thereafter, the case is taken up by the appropriate appellate court and the Attorney General's Office assumes the case. Alabama’s Constitution provides that the victim has the right to be notified of the status of any post-conviction court review or appellate proceedings, and have the Attorney General assert any rights entitled to the victim. The appellate process is complicated and often lengthy. You must notify the Attorney General’s Office of your wish to be notified of the appellate proceedings. Please send them a written request and remember to update your contact information as needed.