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Bail Information


There are basically two types of bonding companies in Alabama: "Surety" and "Professional."

Surety bail bonds involve a number of contracts with a bail agent and an underwriting insurance company that contains stipulations for release, such as drug treatment programs. Bonds of this type usually require some form of collateral for the bail amount, because a Surety bail bonding company must pay a portion of its revenue to the underwriter of every bond they post.

It’s important for you to know that #1 Bail Bonding is a Professional bail bonding company. As such, we have posted our own monies into escrow accounts in every county in which we operate in order to guarantee the bonds we pay. That means we are 100% liable for each bond we pay and it means that we are much more agile in the business and can offer discounts on bonds that Surety companies simply cannot afford. Another advantage we have over Surety companies is that we are able to post larger bonds without having to plead with creditors or insurance underwriters. Yes, we must endure greater risks, but the payoff is having much more flexibility to help everyone we can. We think it’s worth it.

A Alabama bail bond guarantees the appearance of a criminal defendant in a Alabama court. The bond is held until the charges against the defendant are brought to a conclusion with either a conviction or a dismissal.

When someone is arrested in Alabama, the defendant, a friend, or relative will contact a bail bond company licensed in Alabama. During the free phone consultation, most companies will collect basic information about your situation and begin your approval process.

Bail, guaranteed by the 8th Amendment of the U.S. Constitution insures the Court that a criminal defendant will appear for trial. When our forefathers created the United States Constitution, their intent was to guarantee certain rights to all citizens of this country. They wanted to guarantee that the inequities foisted upon them by the English Crown would not happen again. While the English common law system allowed bail, it was generally only for those of the very upper class and even then was given at the whelm of the ruling class.

The Eight Amendment of the United States:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Like most commercial enterprises in this country, commercial bail evolved from demand. While bail was guaranteed by the constitution, the Courts still had to insure the defendant appearance for trial. A large portion of the original inhabitants of our country came here as indentured servants. They were from debtors´ prisons in Europe and once they had served their time working to purchase their freedom, many quickly found themselves on the other side of the law. Since they had no property and therefore no way to be released, they would contact their original "owners" who would agree to some fee of servitude to post bail for the defendant. This system slowly evolved to property owners posting bail for a monetary fee.

Taintor v Taylor was an 1873 United States Supreme Court case involving a defendant named McGuire who posted bail in Connecticut and then went to New York where he lived. While he was there, he was arrested by New York officers on a fugitive warrant and on the strength of a Governor´s warrant he was extradited to the State of Maine on a charge of burglary. When McGuire failed to appear before the Connecticut court on the appointed day, his bail bond was forfeited. Neither of his sureties knew when they entered on the bond that there was a criminal charge against him in Maine. The Connecticut Treasurer, Taintor, successfully sued to recover the amount of the bail bond and the State high court and ultimately the Supreme Court of the United States affirmed the Judgment.

Bail is simply the temporary release of a prisoner in exchange for security given. Its sole purpose is to assure the attendance of the defendant each and every time the court requests the person´s appearance until the judge has the opportunity to make a decision on the case. The bail process involves a contractual undertaking guaranteed by a bonding company, which writes a check to the jail for the total amount of the bail and charges a standard 10% premium established by the Department of Insurance for the state of Alabama. There are two parts of bail. First, the premium, which is normally paid in advance, non-refundable and renewable on an annual basis. Collateral is the second part that is normally provided in the approximate value of the bail amount. A bail bond will usually require some type of collateral such as cash, real estate, an automobile and even a signature. Retaining collateral is at the discretion of the bonding company. Collateral should be returned when the judge makes a decision on the case and exonerates the bond, (Relieves the Bond Company from their liability). Every party that anticipates the return of their collateral should take the initiative in retaining exoneration paperwork from the clerk´s office within the courthouse to help expedite the process.

Types of Bail Bonds

There are numerous types of bail bonds available to get people out of jail when they are accused of a crime and need to post bail quickly and affordably. The level of the bond and the availability of bail depend greatly on your individual circumstances, but each bond has a specific purpose.

Federal bail bonds:

These bonds are used when a person is accused of a federal crime. Federal bonds are usually more expensive than other crimes, so having a good bail bondsman can make a huge difference and save you a lot of money.

Immigration bonds:

Immigration bonds affect people charged with crimes that involve foreign nationals. Immigration bonds are extremely complicated and usually involve a great deal of risk on the part of the bondsman, and are generally more expensive and difficult to obtain.

Cash bonds:

Some people choose to simply pay cash for their bail, but this can use up important money that can be better used for other immediate purposes, even though it is returned eventually.

Surety bail bonds:

Surety bail bonds involve a number of contracts with a bail agent that contains stipulations for release, such as drug treatment programs. Bonds of this type usually require some form of collateral for the bail amount.

Professional bail bonds:

A Professional bail bonding company is one that has posted its own monies into escrow in order to guarantee the any bond it pays. Although they are 100% liable for each bond they do have an advantage over Surety Bonds, because they are generally more able to offer discounts on large bonds that Surety companies simply cannot afford. #1 Bail Bonding is a Professional Bail Bonding Company.

Property bail bonds:

In some jurisdictions courts allow property to be used for bail. This property often has to be twice the value of the imposed bail, and involves many complicated forms and procedures.

#1 Bail Bonding knows that you do not want your loved one sitting behind bars any longer than they have to, and our agents will immediately know which bond you need once you give them the information on your case. At #1 Bail Bonding , we treat every individual client as if they were our own family member; quickly, discretely, and with the best service possible. Find out what it means to be part of the #1 Bail Bonding family when you call 1-877-781-BAIL today.