What Does a Bail Bondsman Do in Alabama?

What does a bail bondsman do? A bail bondsman guarantees the full bail amount to the court so a person can leave jail while their case continues, in exchange for a non-refundable fee that is normally 10% to 15% of the bail in Alabama. The bondsman posts the bond at the jail, keeps track of court dates, and answers to the court if the defendant fails to appear. In Alabama, bondsmen are licensed by the Alabama Professional Bail Bonding Board.

Need a bondsman tonight? Call today: 205-401-8052. Bail Bonds of Alabama answers 24 hours a day.

Key takeaways

• A bail bondsman posts the full bail with the court for a fee of normally 10% to 15% of the bail in Alabama.
• Alabama bondsmen must hold a license from the Alabama Professional Bail Bonding Board, pass an exam, and keep up continuing education.
• Alabama’s court rules start from release before trial, and a judge weighs 14 listed factors when deciding release conditions.
• If a defendant misses court, the bail bond company faces forfeiture of the full bond amount.
• A bondsman handles release, and a licensed attorney handles the criminal case.

What does a bail bondsman do, step by step?

Here is what a bail bondsman does from the first call to the end of the case, in six steps:

1. Finds the person and the bail. The bondsman confirms which jail is holding them, the charge, and the bail amount.
2. Reviews the co-signer. The co-signer, also called the indemnitor, agrees to help make sure the defendant goes to court.
3. Explains the agreement and collects the fee. In Alabama the fee is normally 10% to 15% of the bail.
4. Posts the bond at the jail. The bondsman delivers the bond to the facility, and the jail begins its release process.
5. Stays in touch through the case. The bondsman reminds the defendant of court dates and watches for changes.
6. Responds if court is missed. The bondsman works to return the defendant to court before a forfeiture becomes final.

At Bail Bonds of Alabama, our Virtual Bail Office™ lets you complete the initial bond from a phone, tablet, or computer, and our No Jail Visit Guarantee means we post the bond at the facility for you. Call today and we will start with step one.

Where do bail bonds fit in Alabama’s court system?

Alabama’s rules begin from the idea that people should be released before trial when possible. The committee comments to Rule 7.2 of the Alabama Rules of Criminal Procedure describe it as based on “the presumption of innocence of the accused and the policy that a defendant should be released pending trial whenever possible.”

After an arrest, a judge sets release conditions at the initial appearance under Rule 4.4. Those conditions can include an appearance bond or a secured appearance bond under Rule 7.3(b). When a family has less cash than the full bond, a bail bondsman steps in and posts it.

That moment, when bail is set and the family needs the bond posted, is where a bail bondsman does most of the work. Want to know whether bail has been set yet? Call today and we will check.

How does a judge decide the bail amount?

Judges start from the statewide schedule in Rule 7.2(b), last amended March 16, 2023. For example, a Class A misdemeanor runs $300 to $6,000, a Class C felony runs $2,500 to $15,000, and a Class A felony runs $10,000 to $60,000.

Under Rule 7.2(a)(3), the judge may also weigh 14 listed factors, including:

• The defendant’s age, background, family ties, and relationships
• Their prior criminal record, including earlier releases on bond and pending cases
• Whether violence was involved and what weapon, if any, was used
• Threats against victims or witnesses
• How long they have lived in the area and whether they own property
• Their employment status, where they work, and their financial condition

Two people arrested the same night can face very different numbers for exactly these reasons. Read how bail bonds work in Alabama for the whole process.

Who can be a bail bondsman in Alabama?

Only a licensed professional. Under Ala. Code § 15-13-202, a person may only present themselves as a professional bondsman or work as a recovery agent while holding a valid license. Every applicant must pass an examination set by the Alabama Professional Bail Bonding Board and meet continuing education requirements.

Companies are regulated too. A professional surety company needs a court order authorizing it to write bonds, reissued every year by the presiding circuit judge of each county where it works, under Ala. Code § 15-13-159.

Before you pay anyone, ask to see the license and get an itemized receipt. Call today and we will answer every question about who you are working with.

What happens if the defendant misses court?

The bail bond company is on the hook. Under Ala. Code § 15-13-131, a missed court date with no sufficient excuse leads to a conditional forfeiture order against the defendant and the sureties. The sureties have 28 days after notice to file a written response, and the court can then enter a final judgment for all or part of the bond.

Alabama law defines a recovery agent as a person used by a bail company to find and return a defendant who failed to appear, under Ala. Code § 15-13-201. Recovery agents must be licensed, too.

The defendant also faces a new charge. Bail jumping in the first degree, tied to murder or a Class A or B felony, is a Class C felony under § 13A-10-39. Read failure to appear in Alabama for how to fix a missed date, and call today if one has already happened.

What a bail bondsman leaves to your lawyer

What does a bail bondsman do that a lawyer does not? A bail bondsman handles release. A licensed attorney handles the case: the charges, plea offers, motions, and trial.

Every defendant has the right to a lawyer, and one is appointed when the defendant is indigent, under Rule 6.1. A lawyer can also ask a judge to change bail or release conditions under Rule 7.4(b). Read bond hearings in Alabama for how the two roles work side by side.

Frequently asked questions

What does a bail bondsman do?

A bail bondsman posts the full bail amount with the court for a fee, normally 10% to 15% in Alabama, so the defendant can go home while the case continues.

How much does a bail bondsman charge in Alabama?

Normally 10% to 15% of the bail amount, paid as a non-refundable fee. At Bail Bonds of Alabama, creative financing is available upon approval.

Do bail bondsmen need a license in Alabama?

Yes. Professional bondsmen and recovery agents must be licensed by the Alabama Professional Bail Bonding Board under Ala. Code § 15-13-202.

Can a bail bondsman give legal advice?

No. A bail bondsman explains the bond and its terms. For advice about the criminal case, talk to a licensed Alabama attorney.

What happens if you cannot pay a bail bondsman?

Ask about financing. Bail Bonds of Alabama offers creative financing, available upon approval, with 0% interest when the plan is paid in full within 12 months.

Where to go next

• Find an Inmate: find the jail holding your loved one
• How do bail bonds work in Alabama? The whole process, start to finish
• How do bail bondsmen make money?
• What is a bail bond? The types of bonds in Alabama
• Bail Bonds 101: the Alabama process library
• Bail bonds in Jefferson County, Shelby County, and St. Clair County

Bail Bonds of Alabama has served Jefferson, Shelby, and St. Clair Counties since 2014. One call. That’s all. Call today: 205-401-8052, 24 hours a day.

This article is general information about bail bondsmen in Alabama. It is not legal advice. For advice about a specific case, talk to a licensed Alabama attorney.