Legal Question in Criminal Law in Alabama

Court Verdicts/ Public Record?

Hello. My husband's daughter lives in Alabama. A year and a half ago, her mother was arrested on drug possession charges and also for obtaining a firearm with a false id. She was released on bond. This happened in September 2000. We have been trying to find out what, if anything, was going on with her case. When he calls, he is told that they are unable to give him that type of information. I did find out a month or so ago that the case continues to be bound over from court session to court session because the results of the drug analysis have not made it back yet. However, we found this out by chance. Does he not have the right to know what is going on since he is the father? We aren't actually wanting specifics, but if she has been sentenced and is incarcerated then we are concerned about who is getting the child support money he sends. His daughter is 18 so I'm sure if the mother is out of the home, she is staying alone. We have no contact with her due to several problems that have happened over the years. What is the rule on this?


Asked on 1/20/02, 3:16 am

1 Answer from Attorneys
Shane Cooper Borg, Cooper & Associates, P.C.

Re: Court Verdicts/ Public Record?

If you are being told that her case is being "bound over from court session to court session" what this means is this: She has been arrested and charged with possession of controlled substance. When he has his evidence together, the local district attorney will present her case to a grand jury (not the same thing as a petit jury that hears a case at trial). That grand jury will return an indictment, just a formal charge of the felony. When you hear "bound over", that means the case has probably been before a district judge at a preliminary hearing and he "bound over" her case for consideration by a grand jury. The delay is due to the fact that analysis of drugs by the state laboratories takes several months. Once the results are back, the case will be presented to the grand jury, who will return an indictment and then the case will proceed (how fast will depend on the county) in circuit court. Whose case is being presented to the grand jury is not a matter of public record and you don't have a right to know that. But, once she is indicted, it will be a matter of public record and you can contact the Circuit Clerk in that county to find out information about her case.

A final thought--felony offenses are a good ground for changes in a child's custodial arrangement, especially if the parent is incarcerated.

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Answered on 1/20/02, 4:26 am


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