Criminal Law
Frequently Asked Questions
 
Q. What Does the District Attorney’s Office do?
A. In the first sentence, put a period behind County. Then let it say, The Mobile County District Attorney’s Office prosecute all felony cases occurring in Mobile County and within the City of Mobile. Misdemeanors occurring in the City of Mobile is prosecuted by the City’s Attorney Office.
Q. My case was bounded over to the Grand Jury, What happens now?
A. If your case was bounded over to the grand jury the District Court Judge found enough evidence at your preliminary hearing to determine that a crime was committed and that you probably committed the crime. The case will go before a grand jury to look at the evidence presented by the District Attorney’s Office. Once the evidence has been presented the Grand Jury will vote and decide whether there is enough evidence to indict you. If indicted, your case will go forward to a Circuit Court Judge. Once in Circuit Court the process starts all over again, i.e. an arraignment, status and trial. The District Attorney in Circuit Court may talk with your attorney about a plea deal instead of taking the case to trial.
Q. What is the difference between a misdemeanor and a felony?
A. A misdemeanor is a crime that is punishable up to one year in the Mobile County Jail. If a defendant is convicted of a misdemeanor in Mobile’s Municipal Court, the punishment is up to 6 months in Mobile County Jail.
Q. What is a subpoena?
A. A subpoena is an order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. Your subpoena may indicate that you are "on call" and your presence may not be required. Call the District Attorney's Office at the number listed on your subpoena to be placed "on call". You must leave both day and nighttime phone numbers where you can be reached during trial week. If you are placed "on call," do not come to the courthouse unless someone from the D.A.'s Office or a law enforcement agency calls you.
Q. Can I speak to an Assistant District Attorney before my court appearance?
A. Yes, but you will need to contact the office of the District Attorney to schedule an appointment. If you are a defendant and have an attorney, the District Attorney's Office cannot communicate with you directly outside the presence of your attorney. Please make arrangements with your attorney to speak with the District Attorney's Office.
Q. I think a crime has been committed. How do I press charges?
A. You must first contact Mobile Police Department or Mobile County’s the Sheriff Department, depending on where the crime was committed. An investigator should be able to direct you on how to proceed.
Q. Who does the District Attorney represent?
A. The District Attorney represents all the people and the laws of the State of Alabama.
Q. I want to drop charges. Can I do that?
A. You may contact the Assistant District Attorney handling your case to discuss your concerns. While your feelings will be considered, the District Attorney's Office may decide to prosecute any case in the best interest of the State of Alabama.
   
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