Ala. Code § 12-1-25: Continuance Upon Absence of Certain Parties Due to Service with National Guard or United States Armed Forces - Criminal Cases; Bail.

(a)(1) A court, upon motion, shall continue a criminal case when the defendant, the defendant’s attorney, the victim, the vicitm’s representative if the victim is unavailable, or the prosecutor is absent from court when the case is called for trial because he or she is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.

(2) The movant shall state under oath that the absence is due to service on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.

(b) A court shall continue a criminal case upon a showing by the prosecution or the defendant that a witness is unavailable because the witness is on active duty as a member of the National Guard or as a member of a reserve or active component of the Armed Forces of the United States if all of the following are established by the movant:

(1) The witness is material and necessary.

(2) The movant has submitted a request to the proper military authority for the testimony of the witness in accordance with 5 U.S.C. § 301, and any rule or directive adopted or issued by the proper authority pursuant to that section.

(3) The provisions of Section 12-21-135.1 are not satisfied.

(c)(1) Except as provided in subdivisions (2) and (3), in any case in which the prosecution is granted a continuance pursuant to subsection (a) or (b), a court shall set bail upon application by the defendant.

(2) For any case in which the defendant is accused of committing a violent offense as defined in Section 12-25-32 or a sex offense as defined in Section 15-20A-5, or for any case in which bail has previously been revoked or denied, the court may set bail.

(3) This subsection does not apply to a case when the defendant is charged with committing a capital offense under Section 13A-5-40.

(d) This section shall apply to a criminal case to which a judge has been appointed pursuant to the Speedy Trial Act, Article 2 of Chapter 1 of Title 12.