How Does a Bail Bond Work in Texas: A Helpful Guide

how does a bail bond work in texas

The Vera Institute of Justice estimates that someone is arrested in America every three seconds. This is 10.5 million arrests per year. They are classified according to the severity of the crimes they are accused of. Infractions, misdemeanors and felonies are all common classifications in the United States. Infractions can be petty offenses which are not punishable with imprisonment, while misdemeanors can result in fines and/or imprisonment of no more than one year. Most arrests are made for misdemeanors, which are not as serious as felonies. For misdemeanor or felony offenses, bail is often set. We’ll examine the bail process in this article, including answering the question how does a bail bond work in Texas.

What is Bail?

Bail refers to the release of a suspect while they await their court appearance. The court will set a collateral amount to ensure the defendant appears at their hearing. If they appear in court, they will get their money back. They would violate the terms of their release and would lose the bail money.

The court will also issue a warrant for the defendant’s arrest. Bail jumping/skipping bail is a crime, and the defendant could be charged with another crime and face financial penalties. Other conditions than appearance in court can be set by the court, such as restrictions on movement, communication and weapons, compulsory participation to treatment programs, monitoring, and/or other conditions. An example of a condition would be that the victim accused of domestic violence should not be contacted.

A person who is arrested is taken into custody to be processed. They must be held in custody for processing if the offense calls for them to remain imprisoned. The defendant is informed of the charges during the arraignment. A decision is made about whether they can be released on bail or not. They will be held in jail until the hearing if they are unable to post bail or if they are denied bail. They can either do this or hire a bail bond agent to pay their bail.

How bail is set

Although bail amounts are usually determined by judges, there are mechanisms that can be used to set bail without the need for a judge. Most jails have standard bail plans that specify the bail amounts for certain crimes. This allows the defendant to pay the bail amount and be released from jail. They can also ask the judge to increase the bail amount if they are unable to post bail according the bail schedule.

motion to reduce bond texas

Another way bail can be decided is through an algorithm. This algorithm may produce a score or recommendation as to whether the defendant should remain in custody. The judge will use bail algorithms to guide their decision. They base it on an objective assessment of the defendant’s flight risk (i.e., how likely they are to flee). The algorithm evaluates the defendant’s age, criminal history, present charges, and history/failing to attend court proceedings. If you are wondering can bail be denied the answer is clear. A judge may choose to deny bail for a variety of reasons.

Is there a limit on bail amounts?

The Eighth Amendment of the U.S. Constitution states that bail can’t be excessive or used to raise money for the government. They also do not serve to punish the defendant for any alleged crime. They serve only to give the defendant an incentive to appear in court at the time and date set. If the court determines that it is the only way for a defendant to appear in court, bail will be set. If you are being priced out of your freedom, a motion to reduce bond in Texas may be your best option for getting a bond reduction.

If you or your lawyer feel the bail has been set too high, there are options for a motion to reduce bond Texas lawyers will often use. Criminal defense lawyers are well versed in arguing for a bond reduction in Texas. Do not be afraid to advocate for yourself. If the initial bail is unreasonable, you do have options for bond reduction in Texas.

Types of Bail or Other Arrest Outcomes

These are the outcomes that defendants can expect at a bail hearing.

Cash Bail – This is the simplest type. The defendant must pay the bail amount in cash, check or any other form that the court accepts once the bail has been set. A bail can be posted by another person, usually a friend or relative of the defendant. The person who posted bail for the defendant will be paid their money at the conclusion of the case if the accused shows up to court on the scheduled date. Vice versa.

Property Bond Some states allow property bonds. The court can accept collateral, usually land or buildings, if the defendant doesn’t have enough cash. However they might also consider other types of property. These can take up to weeks, as the court must conduct inspections and valuations on the property.

Surety Bond/Bail Bond Many people are unable to come up with the funds required to post bail. They can contact bail agents/bail bondsmen who will issue a bail bond. A bail bond is a guarantee that the defendant will appear at court on all dates. A bail bond is a guarantee that the defendant will appear in court on the dates required. If the defendant does not show up, another bail agent must pay the bail.

This service is not free. The defendant usually pays 10% to 15% of bail amount. This fee is non-refundable. The bail agent can also use collateral provided by the defendant to cover any losses that may result from the defendant not paying bail. You can also use a friend or family member to provide collateral and pay the fee of 10 to 15%. A bounty hunter may be hired by the bail bond company to find and surrender bail skippers.

Partially secured Bonds – Instead of paying the entire bail amount, the court allows the loved one to pay a fee that is usually 10%. The fee will be refunded to the person who paid it if the accused appears on the court dates. If the accused does not show up on their court dates, the fee is refunded to the person who paid it.

Release upon Own Recognizance If the court determines that the accused is not a flight risk or a threat to the community they will be released and bail will not be set. Instead, the accused signs a commitment stating that they will attend all court dates. These are some factors that could influence the outcome of such a decision:

  • A resident of a community for many decades
  • Family members are welcome to join the community
  • Employment
  • Absence of criminal records
  • Always appeared in court for previous charges

Federal Bail Bond If someone is charged with a federal offense, or an interstate crime they must post a federal bail bond so that they can be released. These bonds are often very costly and difficult to obtain.

Immigrant Bail Bond – These bonds are for those who have been convicted of an offense. It is recommended that you use a more professional bail company to assist you with all requirements due to the complex nature of immigration bail bonds.

Denial Of Bail – This occurs when the defendant poses a flight risk to the public or is a danger to them.

Some minor offenses do not warrant emergency bail bonds and the accused might not be sent to jail. Instead, the accused receives a written notice informing them that they must appear for their court date. This is a citation release.

Why should you post bail?

Research by the Laura and John Arnold Foundation (LJAF) shows that those who are in jail prior to their trial are four times as likely to be convicted and sentencing than those who were released. Because of this, people charged with a crime should choose a bail company that is more likely to deliver better results. In addition, jail can be a hostile place with worse conditions than prison. Prisons offer work opportunities, libraries, exercise equipment, and many other privileges. These are perks that might not be available prior to sentencing.

One danger of jail is the possibility that you could make recklessly implicating statements. Inadvertently sharing information with jailers and other inmates could lead to them being used against them in the event of a trial. Outsiders are less risky. A fourth reason to use a bail company that is more reliable is the possibility of a case losing steam when the accused is not there.

When the defendant isn’t in custody, prosecutions don’t move as quickly. Witnesses may disappear and cases can become stale. Defendants end up receiving a better deal than what they expected. Finally, hiring a more competent bail bondsman agent allows bailed defendants to take a step back from their situation and rebuild their lives. This allows the accused or their lawyer to make a stronger case for their release, or have their charges dropped by the court. The answer to the question of whether a bail company should be better is often yes.

Is it possible to get bail during the appeal process?

Because it is not constitutionally permitted, bail after conviction is not allowed in every state. Judges in states that allow bail have a lot of discretion when deciding whether or not to grant bail and what the amount should be. If the crime was serious or violent, such as rape or murder or if the defendant has served a lengthy sentence in jail, bail or felony bail bonds will not be granted. The same factors that were used to decide whether bail should be granted will apply to bail. If it is believed that the defendant may interfere with witnesses or evidence, they will not be allowed bail. Many defendants ask can bail be denied? The answer is a resounding yes. Bail can be denied for a variety of reasons. When researching how does a bail bond work in Texas, remember to also research the reasons why bail can be denied. A little bit of education could help secure your freedom.

Remission of Forfeiture

The bail forfeited if the accused does not show up to court on the date. The court will allow the person who placed the bail to request a remission for forfeiture. This means that the money can be returned to them. If you are worried about the consequences of missing bail, you should consult a criminal defense attorney. You must make your application within one year of the forfeiture being ordered. To be granted remission, the accused must provide valid reasons for the money to be returned. Financial hardships are not valid reasons. To complete your remission form, you can consult a more reliable bail bond service to learn about bond reduction in Texas.

Bail jumping

Bail jumping is a crime that can be prosecuted in both federal and state courts. Consult a federal criminal defense attorney if you were given a federal bail and have not been released from jail. It is important to note that innocence does not make it a defense against skipping bail. In some cases, bail jumping may be a lesser offense than bail jumping. This is because you fail to surrender within the 30 day period after bond forfeiture. The offense may be either a misdemeanor, or a felony depending on where you live. Bail jumping is only charged in certain states if there are underlying charges.

To convict a defendant of bail jumping, they must prove that they didn’t show up at court in good faith. The defendant may be convicted of bail jumping if they can prove that they did not receive proper notice of the court date. Other reasons for not appearing include circumstances beyond the defendant’s control. Although drug use and intoxication can be accepted, it is at the judge’s discretion. Similar to forfeiture remission, incarceration or hospitalization are valid reasons.

If you are arrested, or if you have someone close to you in this situation, it is a good idea to contact a lawyer immediately. Local lawyers are familiar with the local justice system and can help you get the right lawyer. If you require bail to be posted, contact a more reputable bail bond company.

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