(a) Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate for a first or subsequent appearance, bail, arraignment, or other pre-trial, bench trial, or post trial proceeding, at the discretion of the court, the proceeding may be conducted by an audio-video communication device, in which case the defendant shall not be required to be physically brought before the judge or magistrate. For a court to use audio-video communication all of the following shall occur:

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Terms Used In Alabama Code 15-26-1

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The judge or magistrate shall be able to see and converse simultaneously with the defendant or other person .
(2) The audio-video communication device shall operate so that the defendant and his or her counsel, if any, can communicate privately.
(3) The signal of the audio-video communication shall be transmitted live and shall be secure from interception through lawful means by anyone other than the persons communicating.
(b) If any party objects to a pre-trial, bench trial, or post trial hearing pursuant to subsection (a), an in-person hearing shall be held. Any objection to a hearing pursuant to subsection (a) shall be filed within 10 days of the issuance of the order setting the hearing, or at least three days prior to the hearing if the order setting the hearing is issued within 10 days of the hearing.
(c) Nothing in this section shall be construed as affecting the defendant’s right to waive counsel.
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