Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon such person’s demand within 30 days following said arrest; provided, that such person’s failure or refusal to appear for such preliminary hearing or his absence from the state at the time of the setting for the preliminary hearing shall not delay or invalidate an indictment pursuant to said charge.
Ala. Code § 15-11-1
Right of Person Arrested for Felony to Hearing; Failure of Defendant to Appear at Hearing.
Applied in 4 court decisions — leading case 401 So. 2d 191 - Nobis v. State (1981)
Most recently applied in 445 So. 2d 943 - Elmore v. State (October 1983)
(Acts 1975, No. 1205, §4-106.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.