Good time to re-post this information: ANATOMY OF AN ALABAMA PROSECUTION
Felony
At a felony arraignment in District Court, the defendant does not plead guilty or not guilty. He is advised of his right to a preliminary hearing within 14 days of the arraignment. The court reviews requests for court-appointed attorneys at the arraignment.
Felony Preliminary Hearing --- A contested hearing before a District Court Judge, sometimes called a "probable cause hearing". The Prosecutor presents witnesses to convince the Judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. Because the burden of proof is much less than at a trial, the Prosecutor generally does not call all potential witnesses to testify at the "prelim"; generally, the victim and some eye witnesses plus some of the police witnesses testify. The defendant (usually) has an attorney, can cross examine the witnesses, and can present his own evidence (including witnesses). If probable cause is proven, the defendant is "bound over" (i.e., sent to) Grand Jury. If probable cause is not proven, the felony charge can be dismissed or reduced to a misdemeanor for trial in District Court. A defendant can decide not to have a Preliminary Hearing. Most felonies arrive in Grand Jury after such a "waiver".
Grand Jury – In Alabama, all felony prosecutions must begin with an Indictment. A Grand Jury is selected the same way as a petit jury, in that potential jurors are summoned by the Secretary of State from a list of licensed drivers from Cullman County. Eighteen jurors are selected to serve from the list and are empanelled as the Grand Jury. The Grand Jury then hears testimony from the witness, normally the investigating officer, to determine if they find probable cause to issue an Indictment. Once an Indictment is issued and the defendant is arrested the case is set on a Circuit Court Docket.
Circuit Court Arraignment --- After the case is sent to Circuit Court, the defendant is again arraigned (given formal notice of the charges against him or her). The charging document is called an Indictment. He or she is again advised of his/her constitutional rights, and enters a plea to the charge (guilty, not guilty or stand mute).
