Alabama Private Criminal Complaint for Arrest Warrant and/or Summons

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US-01580BG
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The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

Alabama Rules of Criminal Procedure Rule 16. Discovery. Discovery by the defendant. (2) Disclose the substance of any oral statements made by the defendant, before or after arrest, to any law enforcement officer, official, or employee which the state/municipality intends to offer in evidence at the trial.

Criminal Procedure § 15-10-7. (3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it. (b) An arrest for felony may be made by a private person on any day and at any time.

(a) RIGHT TO TRIAL BY JURY. Defendants in all criminal cases shall have the right to be tried by a jury. In cases triable in the first instance in district or municipal courts, the defendant shall have the right to trial by jury only on demand upon appeal to the circuit court for trial de novo as provided in Rule 30.1.

Rule 7.3(a) provides mandatory conditions of release, which apply in every release order. Rule 7.3(b) allows the court the flexibility to fashion other conditions of release.

Rule 3.13. Unlawfully seized property. (a) MOTION FOR RETURN OF PROPERTY. A person aggrieved by an unlawful search and seizure may move the court for the return of the property seized on the ground that he or she is entitled to lawful possession of the property which was illegally seized.

Rule 33.3. Disposition of other contempts; citation; arrest; hearing; and sentence. (a) OTHER CONTEMPTS. Except as provided in Rule 33.2(a), no person shall be found in contempt without a hearing held after a citation of the charge is given.

This rule allows the judge to decide all issues of fact raised by the motion, which are not constitutionally required to be tried by a jury.

Alabama Rules of Criminal Procedure Rule 17. Subpoenas. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects which may be designated therein. (b) PRODUCTION PRIOR TO TRIAL AND FOR INSPECTION.

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Alabama Private Criminal Complaint for Arrest Warrant and/or Summons