• Every Person arrested is entitled to appear before a judge or magistrate within 72 hours of arrest
• If he/she does not appear, he/she is entitled to the minimum bond
• This does not apply to persons who have bonded out of jail before 72 hours have expired.

Preliminary Hearing

• This is a probable cause hearing. Probable cause refers to the burden or level of proof required to maintain charges against the Defendant.
• Probable cause is proof that it is more likely than not that a Defendant committed the crime for which he/she is charged.
• A defendant is entitled to a preliminary hearing within 21 days of request. The request must be made within 30 days of arrest.
• If a defendant does not request a preliminary hearing, or fails to appear for the hearing, the defendant has waived his/her preliminary hearing and the case is forwarded to the Grand Jury.
• If probable case is found the case is bound over to the Grand Jury.
• If no probable case is found the case is dismissed but may be presented to the Grand Jury.

The preliminary hearing gives the defendant and his/her attorney the opportunity to hear a portion of the evidence the State has against the defendant in the case. 

• This is the process through which most felony cases must pass in order to take a felony case to trial.
• Citizens of Alabama have a constitutional right to have any felony charges presented to the Grand Jury
• A Grand Jury is randomly chosen pool of 18 qualified venire members
• This is also a probable cause hearing
• Typically, only the case agent presents evidence to the Grand Jury. However, any witnesses can be called to testify before the Grand Jury.
• A defendant does not have a right to testify personally or present witnesses to a Grand Jury. He/She may request to appear and testify and, if the State allows such request, the defendant may not have counsel present during his/her testimony.
• The Grand Jury may vote to True Bill or No Bill a case.

 True Bill or Indictment:

• If at least 12 Grand Jurors vote to indict a case, the case is true billed. This means that the case will proceed to Circuit Court.
• An Indictment is the charging instrument through which a defendant may be tried.
• The indictment is intended to notify the defendant of the charges against him/her so that he/she may adequately prepare to defend himself/herself against the charge.

No Bill:

• If less than 12 Grand Jurors vote to indict a case, the case is no billed. This means that the case will not be further prosecuted.
• However, if additional evidence is discovered at a later time that was not presented to the Grand Jury, the case may be presented to a new Grand Jury with the new evidence. 

Arraignment

• Guilty- after entering a plea of guilty, a defendant would be set for a sentencing hearing.
• Not Guilty- this is the most common plea entered and after entering a plea of not guilty, the court schedules a trial date. 

Trial

• Every defendant charged in an indictment for a felony charge has a constitutional right to a trial by jury.
• A jury is made up of 12 jurors qualified venire members.
• To find a defendant guilty, the 12 jurors must reach a unanimous verdict finding of guilt beyond a reasonable doubt.
• To find a defendant not guilty, the 12 jurors must also reach a unanimous verdict of not guilty beyond a reasonable doubt. This is not the same as a finding of innocence.
• When a defendant is found guilty, the court schedules a sentencing hearing.