Alabama Code 15-8-71. Withdrawal and filing of indictment with leave to reinstate same
Terms Used In Alabama Code 15-8-71
- Arrest: Taking physical custody of a person by lawful authority.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. 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.
In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned “not found,” the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement. In all cases where a defendant is confined in one of the Alabama state hospitals under the provisions of Sections trial to inquire into accused’s sanity; proceedings upon jury findings; resumption of proceedings when sanity restored; release restriction” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”15″>15-16-21 and clerk of court; expenses of removal of defendant” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”15″>15-16-22, the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement.