CULLMAN —
Cullman County Sheriff Mike Rainey made it clear when asked his opinion about a new filing fee recently put into effect on June 21 for those bonding out of jail.
He's not in favor of it.
And he's not the only one, as several other north Alabama sheriffs recently shared their opposition as well.
"I made my objection clear to this unfair bill known to our local legislators prior to its passage," Rainey said. "My concerns and those of others in positions such as mine were ignored. This law is a thinly disguised tax imposed on Cullman County citizens without any notice or right to be heard. Nevertheless, this law is on the books and I took an oath to enforce the law, my personal opinion notwithstanding."
Under the new law, Act 2012-535, it levies a $35 filing fee on bail bonds, with limited exceptions for minor traffic offenses and multiple charges arising out of the same set of facts or the same incident. It applies to all bonds, and must be paid no later than two business days from the time of the execution of the bond to the clerk of court. It also states the fee is non-refundable, regardless of the guilt or innocence of the accused, even if the case is dismissed.
Rainey said most bonding companies will assess the charge in advance of the signing of a bond because they are subject to the same penalties
If not paid within 48 hours, not counting weekends or legal holidays, Rainey said the person, bondsman, or other individual required to pay the fee will be punished with a fine of at least $500. The law notes that it will be enforced by contempt proceedings in court, which can result in added legal fees and court costs.
Rainey said anyone who would like to look over a copy of the 17-page law can do so by stopping by the Cullman County Sheriff's Office.
"I urge people to read this law and to urge its repeal, if you feel the same as I do after reading it," Rainey said."
%Ashley Graves can be reached by phone at 734-2131, ext. 225, or by email at agraves@cullmantimes.com.
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