Alabama Bail Bond Laws

Bail Bond Laws change frequently. These regulation listed here are the most current information we have. Please contact our office if changes need to be made. This information is in no way legal advice.

. Applicable Statutes

• Code of Alabama , Title 15: Criminal Procedure, Article 13: Bail.
• Alabama Rules of Criminal Procedure, Rule 7.6

The Department of Insurance is the regulatory body.

2. Licensing Requirements

Professional bondsmen must comply with the following for licensure:

• Be a resident of the State of Alabama .
• 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.
• Not been convicted of a felony or a crime involving moral turpitude.
• Have no outstanding final forfeitures arising out of any surety undertaking.
• 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. [Ala.Code 1975 § 15-13-22]

Professional bail companies must receive an annual authorization order from the presiding circuit judge of the county in which the company desires to execute bonds. To do so, they must comply with the following:

• Bail companies must 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, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail.
• File an original qualifying power of attorney, letter, or other document issued by the professional bail company specifying any applicable limitations and specifying the agents who are authorized to execute and bind the professional bail company to a bail undertaking or to appearance bonds. The qualifying power of attorney, letter, or other document may only name persons as agents.
• File an original affidavit or certificate in writing, under oath, executed by an owner or officer of a professional bail company, to the clerk of the circuit court of the county in which the professional bail company shall execute or become surety on appearance bonds which states that the above requirements have been met. [Ala.Code 1975 § 15-13-22]

3. Notice of Forfeiture

If the defendant fails to appear, the court will enter a conditional judgment against the surety. Notice of this judgment will inform the surety that the judgment will become final unless the surety appears on a stated date to show cause for the defendant’s failure to appear. Notice of the conditional judgment must be issued within 90 days to the defendant and the sureties.

[Ala.Code 1975 § 15-13-81, 132]

4. Forfeiture to Judgment

If at any time it appears to the court that a defendant fails to appear, the court shall so notify the principal and any surety and shall require the principal and any surety 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 why the bond should not be forfeited. [ARCrP Rule 7.6]

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 of the notice, no written response has been