Understanding Alabama’s Hit and Run Law and Penalties

In Alabama, the law is clear: any driver involved in an accident must stop immediately at the scene, render assistance if necessary, and exchange identifying information with all other parties. Fleeing the scene, or “hit and run,” is a serious violation that can escalate quickly from a standard traffic offense to a severe criminal charge.

The severity of the charge is directly tied to the consequences of the accident:

• Misdemeanor: If the accident results only in property damage, the offense is typically classified as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $6,000.
• Felony: If the hit and run involves injuries or a fatality, the charge becomes a felony, carrying penalties of one year and one day up to ten years in prison, and fines that can reach up to $15,000.

The Critical Role of the Bail Hearing

Following an arrest for hit and run, a defendant will typically have a bail hearing scheduled, often within 48 hours. This is a pivotal moment that determines whether the individual is released pending trial or remains in custody.

The judge considers several factors when setting the bail amount or deciding on release:

Bail Factor	Relevance to Hit and Run
Seriousness of Charges	Felony charges (involving injury/death) lead to significantly higher bail amounts.
Ties to the Community	Family, employment, and community involvement suggest a lower flight risk.
Flight Risk/Immigration Status	For non-citizens, the potential for federal deportation proceedings can be interpreted as a heightened flight risk, which may lead to a higher bond or even a denial of bail.

Severe Immigration Consequences of a Hit and Run Conviction

For a non-citizen—whether a Lawful Permanent Resident (LPR), visa holder, or undocumented individual—a criminal conviction is not just a matter of jail time and fines; it is a direct threat to the ability to remain in the U.S.. The conviction itself, even if a plea bargain is involved, can trigger federal removal proceedings.

1. Crime Involving Moral Turpitude (CIMT)

A conviction for hit and run, particularly a felony involving injury, carries a significant risk of being classified as a Crime Involving Moral Turpitude (CIMT). CIMT is a broad category for crimes deemed “inherently depraved and contrary to the accepted rules of morality,” which has been applied to a driver’s failure to stop and render aid to an injured person.

A non-citizen can become deportable (removable) by having:

• Two or more CIMT convictions after admission to the U.S..
• One CIMT conviction committed within five years of admission, where the offense carries a maximum sentence of one year or more (an Alabama felony hit and run meets this threshold).

2. Aggravated Felony (AF)

If the hit and run charge is a felony involving serious injury, it may be designated as an Aggravated Felony (AF) for immigration purposes. This is the most damaging outcome.

It is imperative for the criminal defense Legal Expert to structure any plea agreement to avoid language that could trigger CIMT or AF classifications under federal law. The record of conviction is the primary document used by the immigration court.

Summary of Key Takeaways

Protecting Your Status: Three Essential Steps

1. Prioritize the Bail Hearing: Focus on demonstrating strong ties to Alabama and minimal flight risk to secure pretrial release, especially given the increased scrutiny on non-citizens.
2. Consult a Legal Expert: Immediately seek counsel from a Legal Expert who understands both Alabama criminal procedure and the federal immigration law implications of a CIMT or Aggravated Felony classification.
3. Mitigate the Conviction Record: Work to avoid a conviction for a felony (injury/death) or a plea that uses language which an immigration court would interpret as an Aggravated Felony or CIMT.

Frequently Asked Questions (FAQ)

Q: Can a misdemeanor hit and run lead to deportation?

A: Yes, although a single misdemeanor conviction is less likely to trigger deportation than a felony, it can still be classified as a Crime Involving Moral Turpitude (CIMT). If a non-citizen has two or more CIMT convictions after admission, they become deportable, even if they are all misdemeanors.

Q: How does the bail hearing process affect my immigration status?

A: The bail hearing directly assesses your flight risk. If the court deems you a flight risk—a common finding for non-citizens with potential deportation issues—you may be denied bail or given an extremely high bond. Furthermore, a local arrest can alert federal immigration authorities (ICE).

Q: What is the difference between inadmissibility and deportability?

A: Deportability (or removability) applies to a non-citizen who has been admitted to the U.S. but commits a crime that makes them eligible for removal. Inadmissibility applies to someone seeking entry or applying for adjustment of status (e.g., a green card). Certain crimes, like CIMT or AF, are grounds for both.

Q: Can I fight deportation even with a felony hit and run conviction?

A: If the conviction is classified as an Aggravated Felony, it severely limits, and often eliminates, your ability to seek relief or protection from removal in immigration court. It is critical to consult a specialized Legal Expert who can review the exact statute and record of conviction to determine any possible defenses or eligibility for a waiver.

Do not navigate this complex legal terrain alone. Your status depends on your defense.

Alabama Hit and Run, Bail Hearing, Immigration Consequences, Deportation, Crime Involving Moral Turpitude, Aggravated Felony, CIMT, Criminal Defense, State Court, Flight Risk, Pretrial Release, HB 56.