Alabama’s Aniah’s Law - Alabama Pre-trial Bail Bond

Historically in Alabama, citizens accused of criminal offenses, other than capital murder, were entitled, under the Alabama Constitution, Code of Alabama and Alabama Rules of Criminal Procedure to pre-trial bail bond/pre-trial release after an arrest in Alabama for a criminal offense.

In 2021, the Alabama Bail Bond laws changed. The Alabama Legislature passed a law, known as “Aniah’s Law”, that amended the Alabama Constitution, Code of Alabama, and Alabama Rules of Criminal Procedure to allow the State to seek pre-trial detention/no-bond against people for certain types of criminal offenses in Alabama.

Both Article 1, Section 16 of the Alabama Constitution, Alabama Code Section 15-3-3 and Rule 7.2 of the Alabama Rules of Criminal Procedure now list the following criminal offenses in Alabama as those that are permissible for the State to seek no bond/pre-trial detention:

• Murder, as provided in Alabama Code Section 13A-6-2. 
• Kidnapping in the first degree, as provided in Alabama Code Section 13A-6-43.
• Rape in the first degree, as provided in Alabama Code Section 13A-6-61.
• Sodomy in the first degree, as provided in Alabama Code Section 13A-6-63.
• Sexual torture, as provided in Alabama Code Section 13A-6-65.1.
• Domestic violence in the first degree, as provided in Alabama Code Section 13A-6-130.
• Human trafficking in the first degree, as provided in Alabama Code Section 13A-6-152.
• Burglary in the first degree, as provided in Alabama Code Section 13A-7-5.
• Arson in the first degree, as provided in Alabama Code Section 13A-7-41.
• Robbery in the first degree, as provided in Alabama Code Section 13A-8-41.
• Terrorism, as provided in subdivision (b)(2) of Alabama Code Section 13A-10-152.
• Aggravated child abuse, as provided in subsection (b) of Alabama Code Section 26-15-3.1.

If a citizen is accused of one of the above-listed criminal offenses in Alabama, they likely will face a pretrial detention hearing, now known as an “Aniah’s Hearing”.

Alabama Code Section 15-13-3 outlines the procedure for an “Aniah’s Law Hearing” in Alabama. Specifically, the procedure is:

The court shall hold a pretrial detention hearing immediately upon the defendant's first appearance before the court, unless the prosecuting attorney or the defendant requests a continuance. Except for good cause, a continuance on a motion of the defendant may not exceed five days, excluding Saturdays, Sundays, and state holidays, and a continuance on motion by the prosecuting attorney may not exceed three days, excluding Saturdays, Sundays, and state holidays. The defendant shall be detained during any continuance.

A defendant shall have all the following rights at a pretrial detention hearing:

1. To be represented by counsel. If the defendant is financially unable to obtain counsel, he or she shall have counsel appointed.
2. To testify.
3. To present witnesses.
4. To present evidence.
5. To cross-examine witnesses.

b. The judge shall have discretion as to who the defendant may call as a witness as provided in this subdivision at the pretrial detention hearing.

In considering whether there are any conditions or combination of conditions that would reasonably ensure the defendant's appearance in court or protect the safety of the community and of any person, the court shall consider all of the following factors:

a. The nature and circumstances of the offenses charged.

b. The weight of the evidence against the defendant.

c. The history and characteristics of the defendant, including, but not limited to the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, and whether, at the time of the current offense, the defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense.

d. The nature and seriousness of the danger to any person or the community if the defendant is released.

At any pretrial detention hearing, the rules governing admissibility of evidence in criminal trials shall not apply, and the court shall receive all relevant evidence. All evidence shall be recorded. The testimony of a defendant may not be admissible in any other criminal proceeding against the defendant, except if being used for perjury based on the testimony or for the purpose of impeachment in any subsequent proceeding.

A prosecuting attorney may file a motion for a pretrial detention hearing at any time.

A pretrial detention hearing may be reopened, before or after a determination by the court, at any time prior to trial if the court finds that information exists that was not known by the movant at the time of the pretrial detention hearing.

In an order denying bail, the judge shall make written findings or state for the record findings of fact and a statement of the reasons for denying bail. The judge shall enter an order denying bail within 48 hours of the hearing.

Should you or a family member be faced with a no-bond in Alabama due to pre-trial detention under “Aniah’s Law”, it is important to contact an Alabama Criminal Defense Attorney who is versed in Alabama bail bond laws.

The Birmingham Alabama Criminal Defense Lawyers of Polson & Polson often represent clients facing no-bonds under Alabama’s “Aniah’s Law”. It is important to contact a criminal defense attorney soon, as the State will conduct the hearing, usually within days of arrest.