Fill and Sign the Felony Forms

State of Alabam a Unified Judicial System Form C-8 1 1 1/91 ADVICE OF RIGHTS ON INITIAL APPEARANCE BEFORE JUDGE OR MAGISTRATE (Felony) Case Num ber IN T HE________________________________________COURT OF ____________________________________,A LABAMA (Circuit, District or Municipal) (Name of County or Municipality) … STAT E OF AL AB AM A … MUNICIPA LITY OF _________________________________________ v . ______________________________________ D efendant T his is a first appearance heari ng. You are charged w ith co mmitting the offense(s) of__________________________ ________________________________________________________________________\ ______ in this court in violation of ______________________________________________________________________. \ T he primary purpos e of this hearing is to ensure that y ou know and understand the charge or charges against y ou. At this hear ing, there w ill be determination made about y our guilt or innoc ence of the crime char ged, but only a determination that you know and understand the charge or charges against y ou. If y ou are before the court on a complaint follow ing a w arrant less arrest, the judge or magistrate will determine w hether there is probable c ause for the charge against y ou. In addition, the purpose of this hearing is to determine w hether bail should be set in your case; or, if it has be en already set, if it should remain the same, be raised, be lo wered, or w hether y ou shoul d be released upon y our personal recognizance (that is, y our promise to appear for future court proceedings) or releas ed in the custody of some responsible person. In order to make this determinat ion, it w ill be necessary for the judge or magistrate to ask y ou some questions concerning y our ties w ith the community . You are entitled to be represented by an atto rney . You have a right to have y our ow n attorney and will be given time and opportunity to retain an attorney . If y ou are unable to affo rd an attorney , one w ill be appointed for y ou by the court if you qualify for such representation. It w ill 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 attor ney , family , or friends and, if nec essary , reasonable means w ill be provid ed order to enable y ou to do so. You have the right to remain silent. Any thing that y ou say may be used against you. Because you are charged with a felony , y ou are entitled to demand a pre liminary hearing before a judge or magistrate to determine w hether there is sufficient evidence to establish that y ou probably committed the o ffense or offenses with w hich y ou are charged. You must make this demand within thirty (30) days of the date of arrest. If a hearing is demanded and one is conducted, and if, at t he conclusion of the preliminary hearing, the judge finds t hat sufficient evidence has been shown to establish that you probably commi tted 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 establ ish 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 s ubject to the right of the prosecution to reinstate the charges against you at a late r time. If you are released from custody (whether personal recognizance or otherwise), you must: 1) Appear to answer and submit to all orders and proce ss 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 addr ess or the phone number. 5) Other conditions:______________________________________________________________\ _______________ ________________________________________________________________________\ ___________________ ________________________________________________________________________\ ___________________ ________________________________________________________________________\ ___________________ The provisions of the Release Order may be revok ed 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 revo ked 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 th e matters herein set forth. I understand the explanation of procedures, r ights, and information given to me at the initial court appearance. I unde rstand 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 t o additional charges in the revocation of release. __________________________________ ____________________________________________________ Date Defendant