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BDP QUICK LINKS
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Understanding the Criminal Justice ProcessMisdemeanor/Municipal Ordinance Violations Birmingham Municipal Court has jurisdiction over prosecutions for violations of municipal ordinances and State misdemeanor offenses occurring within Birmingham city limits and police jurisdiction. 1. Crime occurs and is reported to police. 2. Accused is arrested or victim files complaint with Birmingham Magistrate. A complaint is a written statement made under oath before a magistrate giving essential facts of the offense and alleging that the defendant committed the offense. The Magistrate may then issue a warrant for the arrest of the person charged and subpoena witnesses. 3. Following an arrest the accused may be released on bond under conditions imposed to assure appearance at trial or minimize the risk of harm to others. 4. Initial Appearance. Defendant enters a plea of “Guilty†or “Not Guiltyâ€. If “Guilty†plea is entered, the case proceeds directly to the Sentencing Phase. If “Not Guilty†plea is entered the case will proceed to Trial Phase. 5. Sentencing Phase: Defendant appears before the court for imposition of punishment. 6. Trial Phase. Victims/witnesses may be required to testify. If the defendant is found guilty, he/she will be sentenced by the judge to: Jail, Fine, Restitution, and/or Probation. The victim of a crime does not need his/her own lawyer; the City Prosecutor is responsible for prosecuting cases in municipal court. 7. Appeals Phase. If the case is appealed by the convicted offender, the City Prosecutor will work to uphold and defend the conviction. City Prosecutor ---205-254-2369 Birmingham Magistrate--- 205-254-6512 or 205-254-6514 Victim Liaison Coordinator Robbie Priest --- 205-785-4121 Criminal Felony Procedure 1. Crime occurs and is reported to police. 2. The Evidence is presented. A formal complaint is signed. Depending on the evidence, the case could proceed directly to the grand jury prior to the arrest of accused. 3. The Accused is arrested. 4. The Preliminary Hearing is held. Depending on the evidence, this step could be skipped with the case proceeding directly to the grand jury prior to the arrest of accused. 5. Evidence is presented to a Grand Jury. 6. If Case is “True Billed†by a Grand Jury, proceed to Arraignment. If Case is “No Billedâ€, end of Prosecution. 7. The Arraignment. The defendant enters plea of “Guilty†or “Not Guiltyâ€. If a “Guilty†plea is entered, the case will proceed directly to the Sentencing Phase. If a “Not Guilty†plea entered, then the case will proceed to the Trial Phase. 8. The Trial Phase. If the defendant is found guilty, he/she will be sentenced by the trial judge to one or more of the following: Prison, Fine, Restitution, Probation. 9. The Appeals Phase. If the case is appealed by the convicted offender to the Appellate Courts, an attorney from the Alabama Attorney General’s Office will be assigned to work to uphold and defend the conviction on behalf of the State of Alabama. Jefferson County District Attorney
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