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State of Alabama
Unified Judicial System
orm C-82 Rev.11/92
ADVICE OF RIGHTS ON INITIAL
APPEARANCE BEFORE JUDGE OR MAGISTRATE
(Misdemeanor or Municipal Ordinance Violation)
Case Number
N THE________________________________________COURT OF____________________________________,ALABAMA
(Name of County or Municipality)
(Circuit, District or Municipal)
STATE OF ALABAMA
(cid:133) MUNICIPALITY OF _________________________________________ v. ______________________________________
Defendant
This is a first appearance hearing. You are charged with committing 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 no 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 and the rights you and the rights you have under the law at this time. 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 and the rights you have under the law at this time.
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 you 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
in order to enable you to do so. You have the right to remain silent. Anything that you say may be used against you.
You have the right to have a trial. Some charges are automatically scheduled for trial. If you plead “not guilty,” the
case will be set for trial as soon as is possible.
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
F
I
(cid:133)
_
_
Advice of Rights on Initial Appearance Before Judge or Magistrate (Misdemeanor or Municipal Ordinance Violation)
This info page is part of the LIT Lab's Form Explorer project. It is not associated with the Alabama state courts.
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About This Form:
- Sourced from eforms.alacourt.gov (2023-03)
- Page(s): 1
- Fields(s): 18
- Average fields per page: 18
- Reading Level: Grade 12
- LIST Grouping(s):
GO-00-00-00-00.
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