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Any person taken into custody for any offense for this court is entitled to bond. The purpose of bond is to insure the appearance of the defendant in court. Alabama State law limits the maximum bond amount in Municipal Court to $1000.00 for each separate offense; however an appeal bond may be set at twice the amount of fine and costs assessed. There are two kinds of custodial arrest: arrests under a warrant and arrests without a warrant. If you are arrested under a warrant the bond amount and type will be affixed to the warrant. If you are arrested without a warrant, please see the bond schedule. The types of bonds are defined below: - Professional bonding/surety: A professional bonding company or surety is a person, individual proprietor, partnership, corporation or other entity, that furnishes bond or becomes a surety for a defendant on that defendant's appearance and does so for valuable consideration.
- Property bond: A property bond is when two or more property owners in Jefferson or Shelby County use their property to secure the defendant's release. The pledged property's unencumbered value must be equal to or above the amount required for the appearance bond. The property bond requires two different property owners who each own property in Jefferson or Shelby County. The property owner must present valid identification and their latest Jefferson or Shelby County tax receipt. The property owner must fill out a property bond application and all persons listed on the tax receipt must sign the appearance bond.
- Cash bond: A cash bond is when the defendant or someone acting on behalf of the defendant deposits cash for bail. Money orders, cashier's check, or travelers check may be accepted in lieu of cash. If you are charged with a failure to appear in court or a probation violation, you must use this type of bond.
- Judicial public bond: This type of bail is also known as a signature bond or release on own recognizance; upon signing his bond, the defendant is released without any posted security. This type of bond is rarely used and must be authorized by the Judge or the magistrate court director.
Prior to the release from custody mandatory conditions are placed on the bond. These conditions order the defendant to appear in court and to promptly notify the court of any change in address. Additional conditions may be placed on the bond for certain offenses such as domestic violence. If a defendant fails to appear forfeiture proceedings are initiated. Forfeiture Proceedings for Different Bail Types Judicial Public Bail
A warrant of arrest shall be issued for the defendant terminating the release of the defendant. Cash Bail
At the end of 30 days, unless the court has discharged the forfeiture, the money that was deposited as cash is forfeited. Without notice to the defendant, the judgment is rendered absolute and the money is paid over to the municipality. Property Bond
The clerk of the court may file a lien in probate court of the county where the property is located. Bonding Company - The court shall order a conditional forfeiture.
- The court shall notify the defendant and the surety. The clerk of the court shall issue the conditional forfeiture notice. The clerk shall issue the notice within 90 days of the court's conditional forfeiture order.
- The conditional forfeiture notice must be served within 28 days from the date the clerk issues the notice.
- The defendant or sureties or both shall file a written response with the clerk of the court within 28 days of the date of the service of the notice why the bond should not be forfeited.
- If after 28 days and no written response has been filed, the court may forfeit the bond in all or in part.
- If a timely filed written response is filed and the court is of the opinion that it is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited. The hearing must not be less than 90 days from the date the judge issued the conditional forfeiture order.
- If a timely filed written response is filed and the court is of the opinion that is sufficient, the court shall set the conditional forfeiture aside. There are four reasons in which it is mandatory for the court to set the conditional forfeiture aside:
- Defendant was in hospital or illness prevented appearance.
- Defendant was in jail.
- Defendant is deceased.
- Defendant was serving on active military duty.
If the defendant appears in court and settles the case the surety is relieved from the bond. If a cash bond was posted by the defendant, it can be used to cover any fines, costs, and restitution assessed, and the balance, if any, will be refunded to the defendant. If the cash bond was posted by someone on behalf of the defendant, it is returned to the surety once the defendant's case is adjudicated, unless the surety is present to give permission for the defendant to use the money. Alabama law allows 30 days for remittance of the cash bond to the defendant or surety; however in most cases bonds are returned within two weeks. |
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