State of Alabama Unified Judicial System Form C-81 11/91 ADVICE OF RIGHTS ON INITIAL APPEARANCE BEFORE JUDGE OR MAGISTRATE (Felony) Case Number IN THE________________________________________COURT OF____________________________________,ALABAMA (Circuit, District or Municipal) (Name of County or Municipality) STATE OF ALABAMA MUNICIPALITY OF _________________________________________ v. ______________________________________ Defendant This is a first appearance hearing. You are charged with coming the offense(s) of_____________________________ ______________________________________________________________________________ in this court in violation of ______________________________________________________________________. The primary purpose of this hearing is to ensure that you know and understand the charge or charges against you. At this hearing, there will be determination made about your guilt or innocence of the crime charged, but only a determination that you know and understand the charge or charges against you. If you are before the court on a complaint following a warrantless arrest, the judge or magistrate will determine whether there is probable cause for the charge against you. In addition, the purpose of this hearing is to determine whether bail should be set in your case; or, if it has been already set, if it should remain the same, be raised, be lowered, or whether you should be released upon your personal recognizance (that is, your promise to appear for future court proceedings) or released in the custody of some responsible person. In order to make this determination, it will be necessary for the judge or magistrate to ask you some questions concerning your ties with the community. You are entitled to be represented by an attorney. You have a right to have your own attorney and will be given time and opportunity to retain an attorney. If you are unable to afford an attorney, one will be appointed for you by the court if you qualify for such representation. It will be necessary for your to complete an indigency questionnaire under oath in order for the court to make this determination. You have a right to talk with your attorney, family, or friends and, if necessary, reasonable means will be provided order to enable you to do so. You have the right to remain silent. Anything that you say may be sued against you. Because you are charged with a felony, you are entitled to demand a preliminary hearing before a judge or magistrate to determine whether there is sufficient evidence to establish that you probably committed the offense or offenses with which you are charged. You must make this demand with thirty (3) days of the date of arrest. If a hearing is demanded and one is conducted, and if, at the conclusion of the preliminary hearing, the judge finds that sufficient evidence has been shown to establish that you probably committed the offense of offenses with which you are charged, the judge will then bind you over for further action by a grand jury. If, on the other hand, the judge finds that the evidence is insufficient to establish that you probably committed the crime or crimes charged, then the judge will dismiss the charge and discharge you from further custody or pre-trial obligations subject to the right of the prosecution to reinstate the charges against you at a later time. If you are released from custody (whether personal recognizance or otherwise), you must: 1) Appear to answer and submit to all orders and process of the court having jurisdiction in the case. 2) Refrain from committing any criminal offense. 3) Not depart from the State of Alabama without the leave of the court having jurisdiction of this case. 4) Promptly notify the court of any change of address or the phone number. 5) Other conditions:_____________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ The provisions of the Release Order may be revoked or modified by the court for cause. The Release Order and any appearance bond executed in compliance with it will continue in force and effect until the dismissal, acquittal, or conviction on the charges, unless sooner revoked or modified by the court. Upon report of a violation of any of the above conditions, a warrant for your arrest will be issued. __________________________________ ____________________________________________________ Date Judge/Magistrate I have read or have been advised of the matters herein set forth. I understand the explanation of procedures, rights, and information given to me at the initial court appearance. I understand the conditions of my release and the penalties applicable in the even that I violate any conditions imposed herein. I also understand that failure to appear as required may subject me to additional charges in the revocation of release. __________________________________ Date ____________________________________________________ Defendant American LegalNet, Inc. www.USCourtForms.com