Code of Alabama
Ala. Code § 15-15-22 (2026)
Fixing of Date to Formally Make and Enter Plea; Service of Notice.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the minutes of the court, fix a date for the defendant to formally make and enter his plea of guilty in open court, which date shall not be within 15 days after the arrest of the defendant nor within three days after notice to the court of his intention to plead guilty, and notice of such date shall be served by the sheriff upon the defendant and upon his counsel.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §263.)
Notes of Decisions
Cited in 7
cases, 1990–2004 · leading case: Ex Parte Pardue, 797 So. 2d 409 (Ala. 2000).
Ex Parte Pardue, 797 So. 2d 409 (Ala. 2000). “" When the State brings a charge against a defendant by an information, Ala.Code 1975, § 15-15-22, requires the trial court to wait three days from the time it receives notice that a defendant has chosen to plead guilty before it allows the defendant to enter the guilty plea.”
Coleman v. State, 843 So. 2d 237 (Ala. Crim. App. 2002). “Code 1975, and § 15-15-22, Ala.Code 1975. On December 14, 2000, the district court summarily denied Coleman's Rule 32 petitions.”
Mills v. State, 771 So. 2d 506 (Ala. Crim. App. 2000). “See § 15-15-22, Ala.Code 1975. He also argues that his 1993 guilty plea to second-degree theft of property was not valid because the indictment against him allegedly was not signed by the grand jury foreman and was not presented in the presence of at least 11 other grand jurors.”
McLaurin v. State, 895 So. 2d 1010 (Ala. Crim. App. 2004). “In his petition, McLaurin claimed that the trial court erred 1) by accepting his guilty plea within 15 days of his arrest 1 in violation of § 15-15-22, Ala.Code 1975; 2 2) by accepting his guilty plea within 3 days of being notified of McLaurin’s intention to plead guilty, in…”
Vaughn v. State, 588 So. 2d 500 (Ala. Crim. App. 1990). “On July 6, 1989, the appellant filed a petition for writ of habeas corpus, alleging that there was no record of any notice given to the sheriff to serve on the appellant, and no record of any notice given to defense counsel, as required by § 15-15-22, Code of Alabama 1975. The…”
Green v. State, 774 So. 2d 535 (Ala. 2000). “1 forecloses the peti *536 tioner’s reliance on Alabama Code § 15-15-22 which has not been specifically superseded or repealed.”
James v. State, 564 So. 2d 1056 (Ala. Crim. App. 1990). “Upon a review of the pleadings filed by the defendant and a review of the court documents, it is the judgment of the court that § 15-15-22 of the Code of Alabama was not complied with, in that the defendant was not given three days from the time of the intent to plead to the day…”
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