Ala. Code §§ 6-5-155 to 6-5-156.5 § 6-5-156.2
Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant.
Operative Text
(a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should be dismissed. A copy of the sworn statement shall be sent to the Attorney General and the district attorney at least seven days prior to its presentment to the court. (b) If the court is of the opinion that the action should not be dismissed, it may direct the district attorney or prosecuting attorney to prosecute the action to judgment. (c) Any citizen of the county in which the alleged drug-related nuisance is located, or an interested community-based organization, may be substituted for the complainant and prosecute the action to judgment.
Under Alabama Code § 6-5-156.2, when a private citizen files a complaint related to a drug-related nuisance, that complaint cannot simply be dropped at will. A dismissal requires a sworn statement from both the complainant and their attorney explaining the reason, and a copy must be sent to the Attorney General and the district attorney at least seven days before it is presented to the court. If the court disagrees with the dismissal, it can direct a prosecuting attorney to carry the case forward, and any county resident or interested community-based organization may step in to continue the action.
Plain English — not legal advice.
Property owners and managers should be aware that under § 6-5-156.2, drug-related nuisance complaints filed by private citizens carry procedural weight that extends beyond the original complainant's wishes. A compliant operator generally stays informed about any nuisance-related complaints tied to their property, since the case can continue even if the original filer seeks to withdraw. Understanding that a district attorney or a substitute community party may take over prosecution helps operators appreciate the seriousness of maintaining nuisance-free premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6-5-156.2 provides tenants and community members with meaningful standing in drug-related nuisance actions — any resident of the county where the alleged nuisance is located, or an interested community-based organization, may step in if the original complainant withdraws. This means a nuisance action does not automatically end simply because the person who filed it changes their mind. Tenants who believe a drug-related nuisance complaint is being improperly dropped may wish to consult a tenant-rights organization or legal aid provider to understand whether substitution or other enforcement paths may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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