Alabama § 45-51-82.28 Rights of Participating Defendants

Alabama Statutes

§ 45-51-82.28 — Rights of Participating Defendants

Alabama § 45-51-82.28

JurisdictionAlabama

Title 45Local Laws

Ch. 51Montgomery County

Art. 8Courts

Part 3District Attorney

Subpart 2Pretrial Diversion Program

This text of Alabama § 45-51-82.28 (Rights of Participating Defendants) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-51-82.28 (2026).

Text

Any defendant voluntarily participating in such a program shall have the right to:

(1)Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercion was applied to the defendant to accept non-criminal disposition.

(2)Counsel of his or her choosing or, if indigent, court appointed counsel during all phases of the diversionary or preprosecution probationary proceedings unless the right to counsel is knowingly and voluntarily waived by the accused.

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Any defendant voluntarily participating in such a program shall have the right to:
(1) Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercion was applied to the defendant to accept non-criminal disposition.
(2) Counsel of his or her choosing or, if indigent, court appointed counsel during all phases of the diversionary or preprosecution probationary proceedings unless the right to counsel is knowingly and voluntarily waived by the accused.