Ala. Code § 45-51-82.28

Current through the 2024 Regular Session.

Section 45-51-82.28 - Rights of participating defendants

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.

Ala. Code § 45-51-82.28 (1975)

Acts 1978, No. 706, p. 1015, § 9.