Ala. Code § 45-51-82.20

Current through the 2024 Regular Session.

Section 45-51-82.20 - Definitions

The following words or phrases when used in this part shall mean:

(1) ACCUSATORY INSTRUMENT. Any warrant of arrest, information, or grand jury indictment.

(2) DEFERRED PROSECUTION. The suspension of prosecution prior to indictment for a specified period of time upon the request of the accused with the consent of the district attorney.

(3) DIVERSIONARY SCREENING. The discretionary power of a district attorney to suspend, prior to the indictment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused.

(4) NONCRIMINAL DISPOSITION. The dismissal of a criminal charge without prejudice to the state to reinstate criminal proceedings on motion of the district attorney as herein provided.

(5) PREPROSECUTION OR PRE-TRIAL DIVERSION. The imposition of conditions of behavior and conduct by the district attorney upon defendants charged with certain criminal offenses for a specified period of time prior to the formal prosecution or indictment.

(6) PROSECUTORIAL DISCRETION. The power of the district attorney, prior to indictment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and if so taken, of what kind and degree and to what conclusion.

Ala. Code § 45-51-82.20 (1975)

Act 1978, No. 706, p. 1015, § 1.