Waiver of counsel, 2014
In Alabama an attorney must be appointed, when one has not been retained, in any proceeding in which the freedom of the juvenile could be curtailed. The court may also appoint an attorney in any case upon request or when it deems the appointment to be in the interest of justice.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Alabama, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In Alabama, this topic is governed by both juvenile and adult statutes. State statute provides procedures to determine indigency. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Alabama, the legal basis for juvenile competency determinations and related proceedings is found in juvenile statute, which aligns with the Dusky standard. Qualified examiners must have findings certified by a physician, psychiatrist, or psychologist, but elements of the report are not statutorily proscribed.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity