Code of Alabama
Ala. Code § 15-3-2 (2026)
Misdemeanors.
✓ official Alabama Legislature (ALISON) text, current July 2026
Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.
(Code 1852, §404; Code 1867, §3952; Code 1876, §4644; Code 1886, §3711; Code 1896, §5071; Code 1907, §7347; Code 1923, §4931; Code 1940, T. 15, §222.)
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1979–2024 · leading case: Dutton v. State, 807 So. 2d 596 (Ala. Crim. App. 2001).
Dutton v. State, 807 So. 2d 596 (Ala. Crim. App. 2001). “We note, furthermore, that although § 15-3-2, Ala.Code 1975, requires that the prosecution of all misdemeanor offenses before a circuit or district court be commenced within 12 months of the commission of the offense, the issuance of a valid Uniform Traffic Ticket and Complaint…”
Kruse v. City of Birmingham, 67 So. 3d 910 (Ala. Civ. App. 2011). “” With regard to the merits of Kruse’s federal claims, the federal court determined, in pertinent part: “The court first considers [Kruse’s] federal claim, namely that [the City’s] actions in ‘coercing collection of fines in excess of one year, with the threat of additional…”
Zimlich v. State, 872 So. 2d 881 (Ala. Crim. App. 2003). “See § 15-3-2, Ala.Code 1975. (“[T]he prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.”
Lambeth v. State, 380 So. 2d 925 (Ala. Crim. App. 1979). “§ 15-3-2, Code of Alabama *926 1975. The evidence shows without dispute that the alleged assault and battery, charged in the indictment that was returned on July 1,1977, occurred on April 22, 1976.”
Edmondson v. Edmondson (Ex parte Edmondson), 238 So. 3d 85 (Ala. Civ. App. 2017). “Code 1975, with a one-year limitations period, see § 15-3-2, Ala. Code 1975. Generally, a witness cannot invoke the privilege against self-incrimination if he is immune from prosecution *89 or if the prosecution is barred by a statute of limitations.”
McKnight v. McKnight, 888 So. 2d 1251 (Ala. Civ. App. 2004). “Code 1975, and § 15-3-2, Ala.Code 1975. It is clear that the husband was not entitled to "plead the Fifth" in response to the wife's questions about his relationship with the nurse during any period at least one year before the June 5, 2003, hearing in this matter.”
Woods v. State, 224 So. 3d 677 (Ala. Crim. App. 2016). “Although the Madison County grand jury indicted Woods for misdemeanor DUI more than 12 months after the offense was committed, see § 15-3-2, Ala. Code 1975 ("[T]he prosecution of all misdemeanors before a circuit .”
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015). “Section 15-3-2, Ala.Code 1975, provides that "the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the ’ commission of the offense.”
Hastings v. State, 589 So. 2d 795 (Ala. Crim. App. 1991). “He contends that the district attorney failed to file the complaint with the circuit court “within either one year of the offense or one year of the appeal.”
Money v. State, 138 So. 3d 332 (Ala. Crim. App. 2012). “” Furthermore, § 15-3-7, Ala.Code 1975, provides that “[a] prosecution maybe commenced within the meaning of [§ 15-3-2] by finding an indictment, the issuing of a warrant or by binding over the offender.”
Moore v. Moore, 804 So. 2d 245 (Ala. Civ. App. 2001). “Code 1975, with a one-year limitations period, see § 15-3-2, Ala.Code 1975. Generally, a witness cannot invoke the privilege against self-incrimination if he is immune from prosecution or if the prosecution is barred by a statute of limitations.”
King v. State, 401 So. 2d 226 (Ala. Crim. App. 1981). “If this were true, the prosecution according to the undisputed facts and Code 1975, § 15-3-2, was barred by the statute of limitations of twelve months.”
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