Getting arrested is disorienting, and the hours that follow move fast. Knowing the sequence ahead of time won't make it pleasant, but it can help you make smart decisions when it counts. Here's how a felony case typically unfolds in Alabama, from the moment of arrest to circuit court. (Misdemeanors generally move through district court on a shorter track.)
1. Arrest and booking
Once you're taken into custody, officers transport you to a jail for booking — fingerprints, a photo, and paperwork recording the charge. Your personal property is inventoried. You do not have to answer questions about the alleged offense during this process; you are only required to provide basic identifying information.
2. First appearance or preliminary hearing
Soon after an arrest, your case is set for one of two early court settings. At a first appearance, you're brought before a judge or magistrate without unnecessary delay — commonly within about 48 hours. The court tells you what you're charged with, advises you of your rights, and sets the conditions of your release, including bail or bond — the amount or terms that secure your release while the case is pending, through cash, a bail bond company, a property bond, or release on your own recognizance.
A preliminary hearing goes a step further. It's a hearing — one you typically must request within a set time — where a judge examines whether there is probable cause: enough evidence to believe a crime was committed and that you're the person who committed it. It's also an early, valuable look at the State's evidence.
3. The probable-cause decision
Based on the preliminary hearing, the judge decides whether probable cause exists. If it does, your felony case is "bound over" — it clears this stage and is held pending grand jury. If the judge finds no probable cause, the charge can be dismissed at this point, although prosecutors may still be able to take the matter to a grand jury.
4. The grand jury: billed or no-billed
Felony charges are then presented to a grand jury, which decides only whether there's enough evidence to formally charge you. It is not a trial — it hears the State's side to decide whether the case should move forward.
There are two outcomes:
- Billed (a "true bill") — the grand jury returns an indictment, the formal charging document, and your case moves forward.
- No-billed (a "no bill") — the grand jury declines to indict, and the charge does not proceed on that basis.
5. Moving to circuit court
Once you've been indicted, your felony case moves up to circuit court, where the rest of the case is handled.
6. Arraignment
In circuit court, you're arraigned — you formally hear the indictment and enter a plea: guilty, not guilty, or, in limited circumstances, no contest. Most people plead not guilty here so their attorney has time to review the evidence. This is a critical point to already have counsel involved.
7. Plea offers, pre-trial, and trial
From there, the case moves through plea offers and negotiations, pre-trial motions and conferences, and — if it isn't resolved — trial, where the State must prove every element of the offense beyond a reasonable doubt. Most cases are resolved before trial.
Why calling a lawyer early matters
The choices you make in the first 48 hours — what you say, what you sign, whether you consent to searches — can shape the entire case. An attorney can protect your rights before decisions become hard to undo.
Arrested anywhere in Alabama?
Contact The Law Office of Elizabeth Hunter for a confidential consultation. Call 205-203-9439 · elizabethunter.com
This article is general information about Alabama law and is not legal advice. Every case is different. For advice about your specific situation, speak with a licensed Alabama attorney.