Alabama § 12-1-25
Full text of Alabama Code of Alabama § 12-1-25, with citation guidance and answers to common questions.
§ 12-1-25.
(a)(1) A court, upon motion, shall continue a criminal case when the defendant, the defendant’s attorney, the victim, the vicitm’s representative if the victim is unavailable, or the prosecutor is absent from court when the case is called for trial because he or she is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.
(2) The movant shall state under oath that the absence is due to service on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.
(b) A court shall continue a criminal case upon a showing by the prosecution or the defendant that a witness is unavailable because the witness is on active duty as a member of the National Guard or as a member of a reserve or active component of the Armed Forces of the United States if all of the following are established by the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper military authority for the testimony of the witness in accordance with 5 U.S.C. § 301, and any rule or directive adopted or issued by the proper authority pursuant to that section.
(3) The provisions of Section 12-21-135.1 are not satisfied.
(c)(1) Except as provided in subdivisions (2) and (3), in any case in which the prosecution is granted a continuance pursuant to subsection (a) or (b), a court shall set bail upon application by the defendant.
(2) For any case in which the defendant is accused of committing a violent offense as defined in Section 12-25-32 or a sex offense as defined in Section 15-20A-5, or for any case in which bail has previously been revoked or denied, the court may set bail.
(3) This subsection does not apply to a case when the defendant is charged with committing a capital offense under Section 13A-5-40.
(d) This section shall apply to a criminal case to which a judge has been appointed pursuant to the Speedy Trial Act, Article 2 of Chapter 1 of Title 12.
Frequently Asked Questions About Alabama § 12-1-25
What does Code of Alabama § 12-1-25 cover?
Section 12-1-25 is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 12-1-25?
A common citation format is "Code of Alabama § 12-1-25" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 12-1-25 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.