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Having the following information will quicken the bond release
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1. The arrestee’s full name and date of birth ?
2. The jail name and city or state ?
3. The date arrested ?
4. The amount of bail ?
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Alabama bail and Bounty
Hunter Laws
1.
Applicable Statutes
A. CODE OF ALABAMA TITLE 15. CRIMINAL
PROCEDURE. CHAPTER 13. BAIL. ARTICLES 1-6.
2. Licensing Requirements for Agents
A.The Code of Alabama, Alabama Rules of Criminal
Procedure, provides a Table of Rules With Applicable Forms. Form 26 gives a
CERTIFICATE OF PROFESSIONAL BONDSMAN and lists the requirements of
eligibility to become a bondsman.
1. Be a resident of the State of Alabama.
2. Have a sufficient financial net worth to satisfy the
financial obligations which to enter into as a surety, taking into
consideration all other outstanding obligations and liabilities.
3. No one other person has any financial interest,
either direct or indirect, in my bonding business.
4. Not been convicted of a felony or a crime involving
moral turpitude.
5. No outstanding final forfeitures against me arising
out of any surety undertaking.
6. Have not, within the period of two (2) years
immediately preceding application date, violated any provisions of the
Alabama Rules of Criminal Procedure, relating to the making of bonds or
any Court order.
7. Not, nor an agent for, an attorney, a judicial
official, or aperson authorized to accept an appearance bond.
(False statements are punishable as perjury).
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13. BAIL. ARTICLE 2. ENTRY AND RETURN. §15-13-22.
Gives the qualifications for
bail, the bond required for bondsmen and qualifications when sufficiency
of bail doubtful.
1) Each person signing as surety an undertaking of bail
must be:
A resident of this state
Worth, exclusive of property
exempt from execution, the amount expressed in the undertaking;
The court or magistrate, in
taking bail, may allow more than two persons to justify as bail in amounts
less than that expressed in the undertaking, provided the whole is
equivalent to two sufficient bails.
The court or magistrate may
allow a corporation, foreign or domestic, qualified to do a bonding
business in this state and authorized to execute the undertaking of bail,
to execute such bail.
Every person engaged in the
business of making bail bonds and charging therefore, except corporations
qualified to do a bonding business in this state, shall be required to
furnish a bond with corporate surety in the amount of $25,000.00
($10,000.00 in Cullman County), to be approved by the probate judge of
each county in which such person engages in such business.
When there is a reasonable
doubt as to the sufficiency of the bail, they may be required by the court
or magistrate to answer fully on oath as to their qualifications.
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13. BAIL. ARTICLE 2. ENTRY AND RETURN. §15-13-24.
Establishes that judicial and
ministerial officers are prohibited from becoming surety for bail or
signing bonds, etc.
The regulatory body is the Insurance Department.
3. Notice of Forfeiture
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
11. PRELIMINARY HEARINGS. §15-11-4.
Sets forth that if the
defendant fails to appear, the default on the undertaking of bail shall be
certified by the district court to the circuit court. The certificate is
then evidence of the default of the defendant.
Deals specifically with
forfeiture of money, if money is deposited in lieu of bail.
If defendant fails to
appear, money deposited instead of bail is forfeited and the forfeiture is
not discharged or remitted
The clerk must, at the end
of 30 days, unless the court has before that time discharged the
forfeiture, pay over the money deposited to a representative of the court.
The court shall then,
without any notice to the defendant, enter judgment for the entire sum
deposited.
Establishes provisions for a
"Conditional judgment" when a bond is deposited in lieu of money. Here,
notice to the defendant is required.
The clerk must issue
notice of the entry of a judgment to each defendant.
The notice required by
subsection may be executed by the sheriff of any county and
Must be returned by the
officer executing it, with his proper return thereon endorsed,
On or before the day and date fixed or specified in
the notice.
If the notice is not served on any of the parties to
the undertaking, such other notices as are necessary may from time to
time be issued; but two returns of "not found" by the proper officer are
equivalent to personal service.
4. Alloted Time between Forfeiture
Declaration and Payment Due Date
ALABAMA RULES OF CRIMINAL
PROCEDURE. Rule 7.6.
Sets
forth that sureties have 28 days to make a written show of cause as to why
a defendant failed to appear.
If a defendant fails to
appear, the court shall notify the defendant and any surety and shall
require them to show cause by filing a written response with the clerk of
the court within twenty-eight (28) days of the date of service of the
notice as to why the bond should not be forfeited.
The notice may be served in
the same manner as provided in Rule 3.4 for the service of a summons and
must be returned by the person serving it with his endorsement, within
twenty- eight (28) days of the date of issuance or within five (5) days of
service, whichever period of time is shorter.
If the notice is not served,
such other notices as are necessary may from time to time be issued, but
two returns of "not found" by the proper officer are equivalent to
personal service.
If a written response is
filed within the time allowed, the court shall set a hearing to determine
whether the bond should be forfeited.
If at the hearing the violation is not excused for good
cause, or, if after twenty-eight (28) days from the date of service, no
written response has been filed, the court may enter a final judgment
forfeiting all or part of the amount of the bond or cash deposit.
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13. BAIL. ARTICLE 6. ALABAMA BAIL REFORM ACT OF 1993. DIVISION 6.
FORFEITURE -- PROCEEDINGS THEREON. § 15-13-136.
Provides that issue and
service of conditional forfeiture must occur within 90 days to be valid
(see Forfeiture Defenses, F.)
5. Forfeiture Defenses
A number of forfeiture defenses
are available in Alabama.
ALABAMA RULES OF CRIMINAL PROCEDURE Rule 7.6 (e)
EXONERATION.
If the court finds, at any
time, that there is no further need for an appearance bond, the court
shall exonerate the bond and order the return of any security deposited.
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13. BAIL. ARTICLE 4. EFFECT OF UNDERTAKING AND DISCHARGE OF
BAIL.§15-13-62.
Establishes that at any time
before a conditional judgment is entered, bail may exonerate themselves by
surrendering the defendant.
15-13-64. Surrender of the defendant to a sheriff is
required to exonerate bail.
CODE OF ALABAMA TITLE 12.
COURTS. CHAPTER 22. APPELLATEPROCEEDINGS. ARTICLE 2. CRIMINAL CASES.
DIVISION 7. DISPOSITION OF APPEALS. § 12-22-242.If judgment is reversed,
an appellate court may order a defendant to be discharged.
If the
defendant is ordered to be discharged, no forfeiture can be taken on his
undertaking of bail.
Abraham v. Nunn, 42
Ala. 51 (Ala.1868). Holds that death of an accused good defense to
forfeiture of bail.
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13.BAIL. ARTICLE 5. FORFEITURE. §15-13-82.
Deals with when conditional judgments can be set aside and when excuses
for default can be heard.
6. Excuses for default on bail must be heard by the
court on application at any time when not engaged in other business.
7. When a conditional judgment is set aside, no cost may
be imposed on the defendants.
8. This section has no application, however, where money
is deposited instead of bail.
9. (The notes following this section discuss sufficiency
and insufficiency of excuses for default).
§ 15-13-118. Deals with arrest and delivery of a
defendant after a conditional judgement has been entered.
10. The arrest and delivery of a defendant to the
authorized jail will not exonerate the surety unless, in the judgment of
the court, good cause is given for the defendant’s failure to appear when
the conditional judgement was entered.
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13.BAIL. ARTICLE 6. ALABAMA BAIL REFORM ACT OF 1993. DIVISION 6.
FORFEITURE -- PROCEEDINGS THEREON. § 15-13-136. Deals with the failure to
issue and serve conditional forfeiture within 90 days.
11. In cases where the clerk of the court has failed to
issue the conditional forfeiture notice and there has been no made within
90 days of the order of the court
12. and where the sureties have complied with Section
15-13-133,
13. then the sureties shall be discharged from all
liability of the bail and the conditional judgment shall be set aside.
6. Remission
CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER
13.BAIL. ARTICLE 6. ALABAMA BAIL REFORM ACT OF 1993. DIVISION 6.
FORFEITURE -- PROCEEDINGS THEREON. § 15-13-139.Deals with remission after
final judgment of forfeiture.
7. In cases where the sureties have paid the amount of
the forfeiture to the court or where the forfeiture has been made final
(there is no further pending litigation on the forfeiture),
8. and the surety locates and causes the return of the
defendant to the custody of the court where the bond was forfeited,
9. and if the defendant was substantially procured by
actions of the surety,
10. and the administration of justice nor the successful
prosecution of the defendant has not been thwarted,
11. then the court which ordered the forfeiture shall
have power (within six months from the date of the final forfeiture
judgment) to remit the whole of the forfeiture, or any portion thereof,
which is in excess of the costs to the state.
7. Bail Agent's Arrest Authority
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLE 4. EFFECT OF UNDERTAKING
AND DISCHARGE OF BAIL.§15-13-62. Establishes that sureties may arrest a
defendant on a certified copy of the undertaking at any place in the
state, or may authorize another person to arrest him by an endorsement in
writing on such copy.
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 9.FUGITIVES FROM JUSTICE, EXTRADITION AND
DETAINERS. ARTICLE 2. EXTRADITION. DIVISION 2. FROM ALABAMA. § 15-9-45.
Deals specifically with arrest without warrant.
8. If a defendant is admitted to bail and fails to
appear, the defendant may be recovered in the name of the state as in the
case of other bonds or undertakings given by the accused in criminal
proceedings within this state.
8. Other Noteworthy Provisions
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLE 2. ENTRY AND RETURN.
§15-13-22. Provides great detail and specificity on the qualifications
for bail; bond required for bondsmen; qualification when sufficiency of
bail doubtful.
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLE 4. EFFECT OF UNDERTAKING AND
DISCHARGE OF BAIL.§ 15-13-60. Deals with joint liability for parties
involved with a defendant’s appearance on the day fixed on the bond until
discharged by law.
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLE 6. ALABAMA BAIL REFORM ACT
OF 1993. DIVISION 1. GENERAL PROVISIONS. § 15-13-101. Sets forth
definitions for appearance bonds, bondsman, surety companies and other
relevant terms.
CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLE 6. ALABAMA BAIL REFORM ACT
OF 1993. DIVISION 10. QUALIFICATION AND REGULATION. § 15-13-159.
Sets forth the qualifications for a professional surety
company.
E. ALABAMA RULES OF CRIMINAL PROCEDURE. Rule 36.2.
Provides examples of bail bond forms.
9. Noteworthy State Appellate
Decisions
COASTAL BAIL BONDS, INC.,
and Bruce James v. James COPE.
2950207.
Court of
Civil Appeals of Alabama. Nov. 22, 1996.
Rehearing Denied Jan. 10,
1997.
Certiorari Stricken Feb.
19, 1997
Alabama Supreme Court
1960807.
Plaintiff sued bail bond company and three individuals,
alleging willful trespass, assault and battery, intentional infliction of
emotional distress, negligence, and wantonness.
The Court of Civil Appeals, held that: the Bail bond
company was not entitled to directed verdict in action for willful trespass,
assault and battery, intentional infliction of emotional distress,
negligence, and wantonness brought by person against whom force was used by
bounty hunters in their pursuit of individual who had jumped bail.
The plaintiff presented sufficient evidence from which
jury could reasonably determine that at least one bounty hunter was agent of
bail bond company and that incident complained of was carried out within
scope of bounty hunters' employment with bail bond company.
The record shows that one of Coastal Bail Bond's agents,
Mark Ivey, had written a bond for Billy McLain. When McLain failed to make a
court appearance, Ivey, James, and Herrin searched for him so that Coastal
would not have to forfeit the bond. While searching for McLain during the
early hours of March 19, 1992, James, Ivey, and Herrin went to Cope's house,
and with guns drawn, broke down the door. The men yelled, "We've got you
now, Billy," and held Cope at gunpoint. Cope repeatedly told the men he was
not McLain and that he did not know McLain. After a time, Cope was able to
convince the men to let him show them his driver's license to prove he was
not McLain. After seeing the driver's license, the three finally relented
and left Cope's house. Cope immediately called the Sheriff's Department to
report the incident. About an hour later, a sheriff's deputy arrested the
three at a convenience store and removed several weapons from the men. The
men told the deputy that they were working for Coastal and were searching
for McLain, who had jumped bail. The three were prosecuted for reckless
endangerment.
LIVINGSTON BAIL BONDS v.
STATE of Alabama
Court of Civil Appeals of
Alabama. June 3, 1981.
Rehearing Denied July 15,
1981.
Surety appealed judgments of
the Circuit Court, Montgomery County, Perry O. Hooper, J., forfeiting bail
bonds. The Court of Civil Appeals, Bradley, J., held that: (1) forfeitures
of bail could not be predicated upon principal's failure to appear in
district court, and (2) surety was discharged from liability on bonds where
two criminal charges were not presented to or acted upon by subsequent
session of grand jury or duly continued to subsequent grand jury by circuit
court.
Reversed
The court held that
forfeitures of bail entered by circuit court against surety could not be
predicated upon principal's failure to appear in district court for
preliminary hearing, where district court failed to certify forfeiture to
circuit court. When a defendant fails to appear at the appointed time in the
district court for a preliminary hearing, a default can be certified to the
circuit court where proceedings can be had to forfeit bail. § 15-11-4, Code
1975. No such default was certified to the circuit court.
The court concludes that the forfeitures of bail entered
by the circuit court against appellant could not be predicated upon Holmes's
failure to appear in the district court for a preliminary hearing and, as a
matter of fact, were not so predicated. Appellant argues that the failure to
present the charges against Holmes at the March 1980 grand jury worked a
discontinuance of its undertaking and it was, therefore, relieved of its
obligations under the bonds. For this position appellant relies on Rogers v.
State, 79 Ala. 59 (1885).
C. Jones v. City of Opelika, 242 Ala. 24, 4 So.2d 509
(Ala.1941).
An appeal may be made from a final judgment in proceeding
for forfeiture of a bail bond.
D. State v. Blake, 642 So.2d 959 (Ala.1994).
A surety has the power to arrest a defendant to ensure the
defendant's appearance at trial.
E. See "Case Notes" in the CODE OF ALABAMA TITLE 15.
CRIMINAL PROCEDURE. CHAPTER 13. BAIL, for an excellent breakdown of numerous
relevant case holdings.
9. Bounty Hunter Provisions
Bounty Hunters are termed "Professional Bondsmen" in
Alabama’s statutes. Rules governing such are given above under #2 for
Licensing Requirements for Agents.
