Alabama Codes

Title 15 - Criminal Procedure

Chapter 1 - Pleading

  • Article 1 General Provisions.
    • Section 15-15-1 Entry of not guilty plea for defendant upon refusal to plead
      If a defendant, when arraigned, refuses or neglects to plead or stands mute, the court must cause the plea of not guilty to be ...
    • Section 15-15-2 Judgment may be pleaded without averring jurisdictional facts
      In pleading a judgment or other judicial proceeding or determination of any court or officer, such judgment, proceeding or determination may be alleged to ...
    • Section 15-15-3 How plea determined
      In criminal proceedings, a plea is to be determined according to its substance and not by its commencement or conclusion. ...
    • Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers
      The following forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they are applicable, but they are not exclusive, ...
  • Article 2 Guilty Pleas.
    • Section 15-15-20.1 Non-capital felony offense
      (a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or ...
    • Section 15-15-21 Information preferred and filed against defendant
      When the desire of a defendant to plead guilty is made known to the court, it shall direct the district attorney of such court ...
    • Section 15-15-22 Fixing of date to formally make and enter plea; service of notice
      When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the ...
    • Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing of defendant
      (a) Upon the date fixed for the formal plea of guilty by a defendant, the court shall proceed to hear the testimony of any ...
    • Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled
      (a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the intervention of a jury, shall determine the degree ...
    • Section 15-15-25 When plea not accepted
      If the court, after hearing a plea of guilty by a defendant and the testimony offered, is of opinion that no offense has been ...
    • Section 15-15-26 No right of appeal
      After the court has heard and considered a plea of guilty by a defendant and has permitted the filing of such plea and sentenced ...
  • Article 3 Pleas in Abatement.
    • Section 15-15-40 Objection to formation of grand jury or indictment generally
      (a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken ...
    • Section 15-15-41 When filed generally
      Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has ...
    • Section 15-15-42 Verification
      No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth ...
    • Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced and pending in district or municipal court
      (a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a ...
    • Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when plea sustained
      A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of ...