What is the statute of limitations in Alabama on collecting a debt?
Collection suits are generally based on breach of contract or stated account, both of which fall under the six (6) year statute of limitations provided in Alabama Code Section 6-2-34. Actions for open or unliquidated account must be brought within three years. See Ala.
How long do they have to indict you in Alabama?
MISDEMEANOR STATUTE OF LIMITATIONS Under Alabama law regarding criminal procedure, and unless otherwise provided in the Alabama Code, the prosecution of all misdemeanors in a circuit or district court must be commenced within 12 months after the commission of the offense.
What happens after an indictment in Alabama?
If the judge finds no probable cause and dismisses the case, the state is free to take the case to the grand jury and still seek an indictment. If indicted, the defendant will once again have to make bond and the case will proceed.
How much evidence is needed for an indictment?
California — Required number of jurors is 23 in counties with a population exceeding 4 million, 11 in a county with 20,000 or less, and 19 in all other counties; “supermajority” is required for an indictment (eight of 11, 12 of 19, or 14 of 23); standard of proof used for determining probable cause is “preponderance …
What happens at a preliminary hearing in Alabama?
Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested. On occasion, usually in more serious cases with an incarcerated defendant, the State will call additional fact witnesses to establish the identity of the defendant or to ensure the Court finds probable cause.
What does collapsed cases mean in Alabama?
1 attorney answer When many cases are filed concerning the same subject matter or legal issue, a court may “collapse” them into one case.
What happens at an arraignment in Alabama?
In addition, at arraignment the court may hear and decide motions concerning the conditions of release under Rule 7. (c) PLEAS. A defendant may plead: (1) Guilty, (2) Not guilty, (3) Not guilty by reason of mental disease or defect, or (4) Not guilty and not guilty by reason of mental disease or defect.
What does it mean to waive your right to an indictment?
“7 (b) Waiver ol Indictment. An offense which may be punished by imprisonment for a term exceeding one year or at hard labor may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment.”
How does grand jury work in Alabama?
The purpose of the Grand Jury is to hear testimony from witnesses and review the State’s evidence to determine if there is probable cause to issue an indictment against a suspect. In Alabama, an indictment must be returned by a Grand Jury before any felony case can go to trial.
Can a charge be dropped?
A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.
How often does the grand jury meet in Alabama?
How many serve on a grand jury in Alabama?
What happens at a grand jury trial?
The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.
What happens when a case goes to the grand jury?
In California, the grand jury may require the prosecutor to present exculpatory evidence when it has reason to believe that such evidence exists. If the requisite number of grand jurors agrees that the evidence establishes probable cause, they vote to “return” the indictment.
Is the defendant present at a grand jury?
Grand jury proceedings are secret. No judge is present; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all.
Why does a case go to the grand jury?
Grand juries decide whether enough evidence exists to indict or charge someone with a crime. In the federal system and certain states, prosecutors can initiate a criminal case against someone using a grand jury. A grand jury is a panel of citizens called for service just like a petit jury (also called a trial jury).
Can a grand jury decision be overturned?
A grand jury’s decision to indict a person or corporation cannot be appealed upon the issuance of the indictment. However, the indictment returned by the grand jury can be challenged in the federal district court on any number of grounds, depending on the specific facts of the case.
What is the difference between being charged and being indicted?
A charge is brought against someone by a prosecutor. But in an indictment, a grand jury brings the charges against the defendant. All indictments are charges, but not all charges are indictments.
How often do indictments come out?
Sets of indictments are made public usually a day or two after a grand jury meets. Check every week if necessary. Even if an indictment has not been returned, it does not mean court proceedings have paused.
Can you be indicted without knowing?
It is possible for you to be charged with a crime without knowing about it. If you are concerned that you may be charged with a crime, an experienced criminal attorney Orange County, CA can determine whether there is an ongoing investigation.
What happens if you are not indicted?
If the grand jury decides not to indict, it returns a “no bill.” However, even if a grand jury doesn’t indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.