Misdemeanor/Municipal Ordinance Violations

The Opelika Municipal Court has jurisdiction over prosecutions for violations of municipal ordinances and State misdemeanor offenses occurring within Opelika city limits and police jurisdiction.

1. Crime occurs and is reported to police.
2. Accused is arrested or victim files complaint with the Opelika Magistrate. A complaint is a written statement made upon oath before a magistrate giving essential facts of the offense and alleging that the defendant committed the offense. The Magistrate may then issue a warrant for the arrest of the person charged and subpoena witnesses.
3. Following an arrest, the accused may be released on bond under conditions imposed to assure appearance at trial or minimize the risk of harm to others. 
4. Initial Appearance. Defendant enters plea of “Guilty” or “Not Guilty”. 
   • If “Guilty” plea is entered, the case proceeds directly to the Sentencing Phase. 
   • If “Not Guilty” plea is entered, the case will proceed to Trial Phase.
5. Trial Phase. Victims/witnesses may be required to testify. If the defendant is found guilty, he/she will be sentenced by the judge to: Jail, Fine, Restitution, and/or Probation. The victim of a crime does not need his/her own lawyer; the City Prosecutor is responsible for prosecuting cases in municipal court.
6. Appeals Phase. If the case is appealed by the convicted offender, the City Prosecutor will work to uphold and defend the conviction.

Opelika Municipal Court 334-705-5190

Criminal Felony Procedure

1. Crime occurs and is reported to police.
2. The Evidence is Presented. A formal complaint is signed. Depending on the evidence, the case could proceed directly to the grand jury prior to the arrest of the accused.
3. The Accused is Arrested.
4. The Preliminary Hearing is Held. Depending on the evidence, this step could be skipped with the case proceeding directly to the grand jury prior to the arrest of the accused.
5. Evidence is presented to a Grand Jury.
6. If Case is True Billed by a Grand Jury, Proceed to Arraignment.
   • If a “Not Guilty” plea entered, then the case will proceed to the Trial Phase.
7. The Arraignment. The defendant enters plea of “Guilty” or “Not Guilty”.
   • If a “Guilty” plea is entered, the case will proceed directly to the Sentencing Phase.
   • If a “Not Guilty” plea entered, then the case will proceed to the Trial Phase.
8. The Trial Phase. If the defendant is found guilty, he/she will be sentenced by the trial judge to one or more of the following: Prison, Fine, Restitution, Probation.
9. The Appeals Phase. If the case is appealed by the convicted offender to the Appellate Courts, an attorney from the Alabama Attorney General’s Office will be assigned to work to uphold and defend the conviction on behalf of the State of Alabama.

Lee County Circuit Clerk’s Office 334-737-3526

How to Swear Out a Warrant for Arrest

• Go to the police in the city in which the abuse happened and fill out an incident report. 
• Get the warrant by going to a magistrate. The police will send you to the proper person. Before you get the warrant, you must give a sworn statement of the abuse (an affidavit). Read it carefully to make sure there are no mistakes before you sign it. The law enforcement officer must have sufficient evidence before a warrant will be issued. It helps to have proof- a witness, pictures, torn clothing, etc. 
• After the arrest warrant has been issued, the police or sheriff will arrest the person who has been hurting you. That doesn’t mean that person will stay in jail. The abuser will usually be given the opportunity to post bond. Often, this takes only a short time. You may want to get to a safe place before the abuser is released. If bond is posted, the family or household member hurting you will be free until the time of the trial. The abuser is subject to prosecution after having been arrested.

Getting a Protection Order

Under the Alabama Protection from Abuse Act, you may get:

• An order restraining the abuser from abusing you or your children.
• An order evicting the abuser from your home and giving you possession of the residence. 
• An order preventing the abuser from entering your home, school, business, or place of employment.
• An order awarding you temporary custody of your children and establishing reasonable visitation rights. 
• An order directing the abuser to pay support to you for the minor children if the abuser has a legal obligation to do so. 

 Forms can be obtained at the Circuit Clerk’s officer in each county. 

Remember that an order issued under this act is temporary and cannot last longer than one year. To be effective, it must be served on the abuser. If the abuser violated the order, he/she can be punished for civil contempt or criminal contempt of court which may result in a fine or jail. 

Property owners are responsible for cleaning up a trauma scene on their property. 

• BioOne 334-523-9191
• BioSweep 844-466-6367
• Aftermath 877-692-7289
• BioCleaners 855-854-2510
• Servpro 334-729-2310

Cycle of Abuse

• Tension Building: a minor conflict has caused tension to build
• Violent Episode: tension explodes into an emotionally and/or physically abusive incident. 
• Honeymoon Period: The abuser apologizes and expresses remorse, often minimizing the seriousness of the incident. 

Taking Action to Stop Abuse

• Tell someone: a family member, friend, the police, abuse hotline worker, etc.
• Call the Police: call 9-1-1 when the first incident of violence occurs.  
• Plan a way out: know what to do and where to go if a situation gets out of control. 
• Get help: reach out to local resources who will help you make life changes and provide support.