Bonds

Personal Recognizance (Own Recognizance)

A personal recognizance release, sometimes called a PR bond or signature bond, requires no money. The defendant signs an agreement promising to appear at all future court dates. No payment is made upfront, but failure to appear exposes the defendant to additional criminal charges and a substantially higher bond when rearrested. PR bonds are most commonly granted for low-level offenses where the defendant has strong community ties and minimal criminal history.

Cash Bond

A cash bond requires the full bond amount to be paid directly to the court. If the defendant appears for all required court dates, the money is refunded at the end of the case minus court fees and costs. The full amount must be available upfront. This can be a significant barrier when bond is set at tens of thousands of dollars.

Surety Bond (Bail Bondsman)

The most common form of bond in Alabama involves a licensed bail bondsman. The bondsman posts the full bond amount with the court and charges the defendant a non-refundable premium, typically 10 to 15 percent of the total bond. If the defendant fails to appear, the bondsman is liable for the full amount and may apprehend the defendant to recover their exposure. The premium paid to the bondsman is not returned regardless of the case outcome.

Property Bond

Alabama Code § 15-13-152 permits property owners to pledge real estate as collateral for a bond. The property must be located in Alabama, must have unencumbered equity equal to or greater than the bond amount, and all owners must consent. Property bonds are less common but can be useful when cash is unavailable. If the defendant fails to appear, the court may initiate foreclosure proceedings against the pledged property.

Rule 7.2 establishes a recommended schedule. Judges consider this schedule as a starting point, then weigh a range of factors under Rule 7.3 including:

• The nature and severity of the charged offense
• The defendant's prior criminal history and any prior failures to appear
• The defendant's ties to the community — employment, family, length of residence, property ownership
• The defendant's ability to pay
• Whether the defendant poses a flight risk
• Whether the defendant poses a danger to the community or to specific individuals
• The apparent strength of the prosecution's evidence.

An attorney who appears at the bond hearing and makes a targeted argument on each of these factors gives the defendant the best opportunity for a lower bond or favorable release conditions. Filing a bond motion before the hearing, notifying the court that counsel is involved, signals to the judge that the case will be actively contested and often changes the dynamic of the proceeding.

In 2022, Alabama voters ratified Aniah's Law, amending Article I, Section 16 of the Alabama Constitution to authorize courts to deny bail entirely for defendants charged with certain serious violent offenses. Alabama Code § 15-13-3 and Rule 7.2 now list the offenses for which the state may seek pretrial detention.

These include:

• Murder (§ 13A-6-2)
• Kidnapping in the first degree (§ 13A-6-43)
• Rape in the first degree (§ 13A-6-61)
• Sodomy in the first degree (§ 13A-6-63)
• Sexual torture (§ 13A-6-65.1)
• Domestic violence in the first degree (§ 13A-6-130)
• Burglary in the first degree (§ 13A-7-5)
• Robbery in the first degree (§ 13A-8-41)
• Human trafficking in the first degree (§ 13A-6-152)
• Terrorism (§ 13A-10-152)
• Aggravated child abuse (§ 26-15-3.1)

When a defendant is charged with one of these offenses, they are booked with no bond and held until a pretrial detention hearing, sometimes called an "Aniah's Hearing." The prosecution must prove at that hearing that the defendant is a flight risk, a danger to the community, or a danger to themselves. The hearing must be held promptly, within days of arrest. Having experienced defense counsel present at the Aniah's Hearing is critical, it is the only opportunity to contest detention before trial.

For a detailed overview of how Aniah's Law works and which offenses are covered, see our post on Aniah's Law in Alabama.

Even when bond is granted, the court routinely attaches conditions as a requirement of release.

Common conditions include:

• Prohibition on leaving the county or state without court approval
• Surrender of passport
• Check-in requirements with pretrial services
• No-contact orders with alleged victims or witnesses
• Drug and alcohol testing.
• Electronic monitoring or GPS ankle bracelet
• Prohibition on possessing firearms

Violation of any bond condition can result in bond revocation, immediate return to custody, and potentially higher bond when re-released. If bond conditions are creating hardship or restricting your ability to work or care for your family, a motion to modify conditions can be filed. We evaluate every client's bond conditions from the outset of representation.

A bondsman's only function is to post the money. An attorney's function is to lower the bond before it is posted. Filing a motion for bond reduction can result in a hearing where a judge reduces the bond from the initial set amount, potentially saving thousands of dollars and allowing release at a fraction of the original cost. Money saved on bond is money available for defense.

The bond hearing also sets the tone for the entire case. How the defense presents itself at the first appearance signals to the prosecutor and the court how the case will be contested going forward. Early intervention matters.