TYPES OF BOND IN ALABAMA
Bond in Alabama can take many forms. Some of the most common forms that you have probably heard of are as follows:
1. Own recognizance/Signature Bond: This is reserved for cases that are likely misdemeanors, or where the original bond is set quite low. The person charged promises by being released on their own recognizance or a signature bond that they will show up in court; if they fail to do so, they will have to pay additional fees and will likely have their bond set to “no bond” until they appear before a judge.
2. Cash bond: You pay a portion of the original bond amount or pay it in full. This money is held by the Clerk of Court whom the bond is paid to until the case is disposed. Should you be acquitted or if the charges are dismissed, you should receive the cash bond back. If you are convicted or plead guilty, then the bond is applied to court fees and fines. If there is any amount left over, it is due back to you.
3. Surety bond: Usually reserved for higher bond amounts. This is where a bail bondsman is hired to post the bond on your behalf. You typically must pay them a portion of the fee upfront, which varies from 10-15% (can be more in some circumstances). They keep that amount and post the remainder to the Court for your and promise to secure your appearance in Court. This is why bail bondsman and bonding companies go after you for failure to attend court and skipping out on your bond, because they are then on the hook for your original bond amount which was set by the judge and will not be returned to them if you skip court.
4. Property bond: These types of bonds are common in high-profile cases or Class A and B felonies where the bond levels are high. This is due in part to the fact that property must at least equal to the amount of the bond and in most cases valued at more than the bond. If a family member puts their property at-risk for your bond, they must own the property in the State of Alabama. They do not have to live in the property, nor does the property have to be located in the county where you are said to have committed the crime.
COURT DETERMINATIONS IN SETTING BOND
- The Court must determine that the bond will reasonably assure your appearance in Court as required.
- That you will not pose a present danger to the public.
- Then, in accordance with Rule 7.3 of the Alabama Rules of Criminal Procedure the Court considers the following factors to determine the amount of bond set: 1.The age, background and family ties, relationships and
circumstances of the defendant.
2. The defendant’s reputation, character, and health.
3. The defendant’s prior criminal record, including prior releases on
recognizance or on secured appearance bonds, and other
pending cases.
4. The identity of responsible members of the community who will
vouch for the defendant’s reliability.
5. Violence or lack of violence in the alleged commission of the
offense.
6. The nature of the offense charged, the apparent probability of
conviction, and the likely sentence, insofar as these factors are
relevant to the risk of nonappearance.
7. The type of weapon used, e.g., knife, pistol, shotgun, sawed-off
shotgun.
8. Threats made against victims and/or witnesses.
9. The value of property taken during the alleged commission of the
offense.
10. Whether the property allegedly taken was recovered or not;
damage or lack of damage to property allegedly taken.
11. Residence of the defendant, including consideration of real
property ownership, and length of residence in his or her place of
domicile.
12. In cases where the defendant is charged with a drug offense,
evidence of selling or pusher activity should indicate a substantial
increase in the amount of bond.
13. Consideration of the defendant’s employment status and history,
the location of defendant’s employment, e.g., whether employed
in the county where the alleged offense occurred, and the
defendant’s financial condition.
14. Any enhancement statutes related to the charged offense.
ALABAMA BOND SCHEDULE
The following schedule is used within the discretion of the Court to set the bail amount once all of the factors above have been taken into consideration:
Recommended Range
Felonies:
Capital felony $50,000 to No Bail Allowed
Murder $15,000 to $ 150,000
Class A felony $10,000 to $ 60,000
Class B felony $ 5,000 to $ 30,000
Class C felony $ 2,500 to $ 15,000
Drug manufacturing
and trafficking $ 5,000 to $1,500,000
Class D felony $1,000 to $ 10,000
Misdemeanors (not included elsewhere in the schedule):
Class A misdemeanor $ 300 to $ 6,000
Class B misdemeanor $ 300* to $ 3,000
Class C misdemeanor $ 300 to $ 1,000
Violation $ 300 to $ 500
Municipal Ordinance Violations $ 300 to $ 1,000
Traffic-Related Offenses:
DUI $ 1,000 to $ 7,500
Reckless driving $ 300 to $ 1,000
Speeding $ 300 to $ 500
Other traffic violations $ 300 to $ 500
*$300 was set as the lower limit in compliance with Ala. Code 1975, § 15-
13-105, providing that “in violation and misdemeanor cases the minimum amount
of bail shall be $300 for each offense charged.”
http://judicial.alabama.gov/library/rules/cr7_2.pdf
