Alabama Motion to Release Defendant and Set Reasonable Bail

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Multi-State
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US-02728BG
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Alabama Amendment 1, the Allow Denial of Bail for Offenses Enumerated by State Legislature Amendment, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 8, 2022. It was approved.

Legal Implications of No Bond A no bond decision often results in pretrial detention, meaning the defendant must remain in custody until their trial or the resolution of their criminal case.

Each jurisdiction in Alabama has a typical bail schedule that it follows. That schedule serves as predetermined dollar amount that each offense requires for bail.. For example, a municipal bond for Theft of Property 4th Degree (a misdemeanor) is set typically at $1,000.00.

If you are denied bail, you will remain in custody until your matter is heard. Likewise, if you are granted but cannot post bail, you will remain in custody. An experienced defense attorney can help you thoroughly prepare for your bail hearing to give you the best chance of release.

The possible outcomes of a bail hearing are: the court releases the defendant without bail (on their own recognizance) the court grants the defendant bail, setting the amount the defendant is required to pay and any other conditions. the court denies bail and the defendant remains in custody until their court hearing.

In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the safety of the victim, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

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Alabama Motion to Release Defendant and Set Reasonable Bail