Getting Out on Bail
Ala. Code § 15-13-2 — bail as a matter of right before conviction, with listed charges heard first
Except for the charges listed for a detention hearing, a defendant is entitled to bail as a matter of right before conviction. Judges see that every defendant in custody who is entitled to bail gets a chance to give it, and set the amount at what is sufficient to guarantee the defendant's appearance, within the limits the law sets.
Who handles this in Alabama: Alabama Appleseed and Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
For murder, sexual torture, terrorism, aggravated child abuse, and kidnapping, rape, sodomy, burglary, arson, robbery, domestic violence or human trafficking in the first degree, the court may deny bail after a hearing if the prosecutor proves by clear and convincing evidence that no conditions of release will ensure the defendant's appearance or protect the community or any person. The defendant is held until that hearing.
- The hearing is held at the first appearance unless a continuance is asked for: no more than five days on the defendant's motion and three on the prosecutor's, without good cause, weekends and state holidays aside.
- The defendant has the right to counsel, appointed when the defendant cannot afford it, and to testify, present witnesses and evidence, and cross examine.
- What the defendant says there is not admissible in another criminal case, except for perjury or impeachment.
After a domestic violence arrest. A person arrested for domestic violence or for breaking a domestic violence protection order is not admitted to bail until seen by a judge or magistrate within 24 hours, and gets the chance to make bail when that does not happen. Release can come with conditions such as no contact with the victim and no firearm.
Sources for this section (4)
- Ala. Code § 15-13-2 — Allowance as Matter of Right Prior to Conviction
- Ala. Code § 15-13-3 — Persons Charged with Capital Murder; Pretrial Detention Hearing; Denial of Bail in Particular Cases
- Ala. Code § 15-13-103 — Order and Amount of Bail
- Ala. Code § 15-13-190 — Procedures Upon Arrest; Conditions of Release or Bail
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.