One danger of jail is the possibility that you could make recklessly implicating statements. Its purpose is to ensure the defendant shows up in court. If you post the bail bond, the court will release you under pending trial, and if not posted, you will remain in custody until after the trial. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. If youre arrested, you might be eligible for bail. Simply this, understand the bail conditions and abide by them. Adhere to all of the court imposed bail bond conditions: No Driving Without A Valid Driver License, Possible GPS Monitoring and/or Home Monitoring, May not be allowed to travel a certain distance from home, Substance Abuse Monitoring (Electronic or otherwise). The premium can be between 10 and 20 percent of the bond amount. You can also use a friend or family member to provide collateral and pay the fee of 10 to 15%. Failure to appear to court on the set trial dates puts the defendant in trouble and the court will give orders for immediate arrest. So, what exactly does a bounty hunter do? BAIL. Being arrested for a crime does not necessarily mean you will be convicted. The bail bond agent doesnt pay the full amount of bail set by the court. More than likely, a lien will be filed against any and all property you mentioned as collateral in the indemnitor contract. Choosing a Bail Bond Company Doesn't Have to Be Difficult. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. They're able to give you advice tailored to your specific situation and . A bail bondsman will issue a bond to the county guaranteeing that you will appear for your court dates. Once you have passed your examination and met all other eligibility, you may apply for your bail bondsman license. The defendant is informed of the charges during the arraignment. Fred is our bail expert who reviews and contributes to our content to ensure we have accurate and complete bail information. Contact our Houston DWI Lawyerstoday for more information about bail bonds in Texas. Our bail experts also answer many important questions on how bail bonds work in Texas and how much bail bonds cost. As with most states, the Texas bail bonds agent will charge a 10% fee of the total amount of the bail that has been set. "@type": "Question", This happens during a bail hearing that allows the arrested person to see the judge and answer questions that can determine how much the bail will be. CODE OF CRIMINAL PROCEDURE. At the hearing, the defense can present evidence that supports reducing bail. Bondsman charge a fee, typically 10-13% of the total bail amount, for their services. It is important to note that innocence does not make it a defense against skipping bail. There is. "acceptedAnswer": { By claiming that the defendant is not a flight danger, the defense counsel can assist the defendant in obtaining a reduction. The company can take legal action against the defendant to recoup its losses. They are classified according to the severity of the crimes they are accused of. You cannot contact a bail bondsman until your mugshot and fingerprints have been taken in a Texas jail. Search for Texas bail bonds companies via our form above; please make sure to enter the city AND state. Some of these rules include: The pros of knowing how bail works in Texas are that you only have to pay 10% of the bond allowing you to use the money you saved on rent, a lawyer or other bills you may have gotten when arrested (example: if your car was towed). A "bail bond" refers to the promise made by the defendant or a "surety" (someone who promises to pay for the defendant) to the court to forfeit the bail money if the defendant does not return. "@type": "ImageObject", Many bail bond agencies require a 10 percent of the total bail amount non-refundable fee. No one wants to be in jail any longer than necessary while they wait for their trial to begin. In return the defendant usually pays 10% to 20% of the face amount of the bond to the bondsman in a non-refundable fee. If the defendant has the cash, then it is simple; they pay the total amount to the court and get a release with a pending trial. This is 10.5 million arrests per year. He previously served as a state and federal prosecutor and magistrate, making his content contributions extremely relevant on legal and bail related topics. Courts in Texas use bail to make sure defendants are present at future court appearances. Different courts may be more or less busy than others before you can get your bail hearing, of course. [2] 2. Whether or if the defendant is a flight risk, No Driving Without A Valid Drivers License. They will be held in jail until the hearing if they are unable to post bail or if they are denied bail. Breaking any agreed upon terms with the court or bondsman will result in a warrant for your arrest and you will be liable for the entire bail amount, not just the 10% paid to the bondsman. They base it on an objective assessment of the defendants flight risk (i.e., how likely they are to flee). The amount of bail varies by jurisdiction and crime, but the judge usually has discretion. [1] A surety can be a professional bail bond agent, or a friend or family member. Abbott blocks release of some inmates who cant pay bail. Think back to our initial "how does bail work" example of So-And-So was released on a $400,000 bail. The court will likely issue a bench warrant for the persons arrest. The company will post bail on the defendants behalf. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. If a friend or family member has been arrested, your first and primary concern is getting them out as quickly as possible. Choose to Sign with a Professional Bail Bondsman: A bail agent or bail bondsman can act as a surety and post bail for the defendant. After someone has been arrested for a crime in Texas, the judge hearing the case may require the individual to remain in prison until trial, release the individual on his or her own recognizance to appear in court at the required time, or require a bail payment for release until trial. If the defendant receives a bail bond and does not appear in court as required, the bail bondsman or bail agency that posted the bail bond will take the defendants collateral to pay off the remaining 90% of the bail amount, and the defendant is liable for the full amount. BAIL FORFEITED, WHEN. Fred Shanks is a licensed bail bondsman and the owner of Apex Bail Bonds. If they appear in court, they will get their money back. The bail bond is a legal agreement between the accused and the bonds company. 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. bail-jumping - the criminal offense of defaulting on one's bail; bailee - a person who receives personal property from another as a bailment; bailer/bail agent/bail bondsman - one who provides bail as a surety for a criminal defendant's release; bail bond - a bond given to a court by a criminal defendant's surety to guarantee that the defendant will duly appear in court in the future and, if . In such a circumstance, the court holds a bail hearing to determine if it should be reduced. The answer to the question of whether a bail company should be better is often yes. Bail bond agents are effectively investing in their clients. How do bail bonds work in Texas?

A criminal bail bond exists for defendants facing criminal charges and usually entails a much larger bail amount. Or by visiting the local bail bond association in that county. They can wait for trial at home. In 2017, a federal court found that the money bail system in Harris County was likely unconstitutional and ordered that misdemeanor defendants unable to pay bail be released on unsecured bonds (as opposed to money bonds). For example, if a defendant is required to post $50,000 bail, the bail bondsman will seek a signature release of . The answer to how do bail bonds work in Texas is that they work relatively simply. The bondsman will usually only require you to pay them 10-15% of the total bail to post a bond on your behalf. The industry is represented by various trade associations, with the . So, for a $5,000 bail, a $500 fee will have to be paid. Can I get Probation Instead of Jail in Harris County for Sexual Assault? The defendant does not get the premium back, though. Federal criminal cases differ from State charges in that there is no system of bail or bail bonds in federal cases. You can also check our city pages for a nearby Texas bondsman. An experienced bounty hunter who works 80 to 150 cases a year can earn anywhere from $50,000 to $80,000 annually. Although bail amounts are usually determined by judges, there are mechanisms that can be used to set bail without the need for a judge. The last example of a bond type is a surety bond a secured form of bail. The answer to how do bail bonds work in Texas is that they work relatively simply. Contact the Department of Insurance or the state governmental . For more information and to learn more about how bail bonds work Texas residents may consult with the Texas Department of Insurance website. It can be harder to get a bond placed for you to be released when the bail amount is high. They are about the same as you will find in other states. Bail can typically be posted in three ways. A bail bond is a fee required by a court in Texas for a criminal defendant to be freed after arrest. Has Realignment Led to Increased Violence in CA Prisons? Paying the bail amount does not automatically release a defendant from responsibility until his or her court date; posting bail may entail additional restrictions and impose specific penalties for violating these rules. In the case where the defendant took a bail bond, the 10 percent paid as a premium fee is non-refundable. Felonies are the more serious type of crime and usually result in a prison sentence, while misdemeanors are less serious crimes that typically result in a fine or probation . If the defendant obtained a bail bond, the 10% premium cost paid is non-refundable. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Bail can typically be posted in three ways. { A firm understanding of how bail bonds work in Texas can help you secure their release by providing you with the facts on how to appropriately interact with the system. A bail bondsman will front the money on behalf of the defendant, in order to get them out of jail. Other factors can influence the amount, as well. Public Arrest Records- Tips on how to find Reliable Records, Federal Court Appoints Lawyer To Represent Woman Allegedly Fired For Serving On Jury. This is when the bail bondsman posts the bail bond for the arrestee for a fee. A bail bond is a guarantee that the defendant will appear in court on the dates required. For example, when arrested, the court can ask for a bail of $60,000. },{ While you will get a 100% refund of your money, this is a costly option. Second, the "bond" is the actual amount of money that an individual pays as . In return for a non-refundable payment, the bail bondsman will pay the bail amount and receive it when the trial is over. Even then, the amount of the bond might be high. Please complete the form below and we will contact you momentarily. The most prevalent method of posting bail is by obtaining a bond through a licensed bail bondsman since bail can be in the tens of thousands of dollars or more. Then, be sure to follow all directions while out on bond. Bail was set at $3,000, and his family couldn't pay it. Posting bail will allow you or your friend or family member to be . During the bail hearing, the court will determine if the arrested person who is jailed and in the custody of law enforcement should be released or not, and . Courts have the authority to release offenders on their recognizance. 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. Gov. Surety Bond/Bail BondMany people are unable to come up with the funds required to post bail. Example: If the bond was set at $10,000, you will owe the bondsman $10,000. Bail is the amount of money that defendants have to post in order to stay home during their trial.1 Those who do not post bail will have to wait for their trial behind bars. If they do, the bail money will be refunded to them. Some minor offenses do not warrant emergency bail bonds and the accused might not be sent to jail. How bail works in Texas is simple. If you are worried about the consequences of missing bail, you should consult a criminal defense attorney. Some bail bond agencies will require collateral in addition to the premium fee. Texas bail bond companies must have a license from the state of Texas for the bail bond to be accepted. those who may already have been infected with the coronavirus. There is usually a non-refundable fee of around 10% of the bail amount charged for this service. If the case is resolved and the defendant has not missed an appearance, the bail money will be returned. Owner of Bail Bonds Network, specializing in quality content research, analyzing bail bondsmen that are featured on our website, and general content contributions that are verified by our expert panel. How Bail Bonds Work in Texas. Your information is then entered into the system and a bail amount is set for your release. HowBailBondsWork.com DOES NOT negotiate NOR write bail bonds. This comes out to a 50 percent increase between 2001 and 2006. Most . The prosecutor will argue that it should stay the same. The bail agency or bail bondsman keeps the cash fee for the bail bond as profit. Of course, most people do not have much knowledge about how bail bonds work. "@type": "Question", A judge may choose to deny bail for a variety of reasons. Although drug use and intoxication can be accepted, it is at the judges discretion. These are not as common, but they can and do still happen. Judges have the discretion to set bail higher or lower than the amount on the schedule, based on the circumstances. In Texas, there are three ways a person can get out of a police or county jail; Being released on their own recognizance does not require any money being used for bail purposes. The fee will be refunded to the person who paid it if the accused appears on the court dates. These are some factors that could influence the outcome of such a decision: Federal Bail BondIf someone is charged with a federal offense, or an interstate crime they must post a federal bail bond so that they can be released. Visit our California DUI page to learn more. Severe offenses often lead to high bail requirements. If the defendant appears in court for trial, they get their money back. The license to work as a bail bondsman is conditional upon your depositing cash or deeds with the CBB of over $50,000 (or $10,000 in counties with a population of . The defendant then signs an agreement with them in order to post the bail. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. It is used instead of paying the whole amount of bail that a court has set for releasing a defendant. Most of the time, it shouldnt be longer than 48 to 72 hours after your booking until your bail hearing. Dont always look at company reviews as most business reviews nowadays are fake. Many defendants ask can bail be denied? have no process for certifying bail bondsmen but, Texas does. There may be other more severe penalties, or you may have committed a new crime. A criminal bail bond ensures the defendant appears in court as required and guarantees payment for fines and other penalties against the defendant.

The defendant must meet specific conditions to stay out of jail with a pending trial. A bail bond works as a surety bond, which means that the bondsman is essentially vouching for the defendant, and that they will show up to their court date. Since bail is typically a large amount, often thousands of dollars, most defendants cannot pay their bail out of pocket. Bail is cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. As long as the arrested person attends all court dates and meets any other requirements (e.g. For example, in Denton County if the bail amount is $10,000, the premium charged by the Denton County bail bonds company is $1,000 to $2,000. These are not as common, but they can and do still happen. For example, if the arrestee is considered to be a flight risk, the bail could be higher. "description": "What You Need To Know About The Texas Bail Bond Process", However, the sum might be adjusted by the courts and magistrates based on the facts of the case. then you will have nothing else to worry about. Because it is not constitutionally permitted, bail after conviction is not allowed in every state. A co-signer vouches for the defendant and ensures they have support on the outside in getting back on track and to trial. If they do, the money they posted for bail will be returned. The defendant will have to wait for trial behind bars. In Texas, the bail premium, or fee, is typically 10 to 20 percent of the full bail amount. Bail can also be reduced if the defendant has already spent enough time in jail awaiting trial.2. There is cash bail, which is where the defendant gives the court a check or cash for the amount of their bail. The court will also issue a warrant for the defendants arrest. They are: Once the bail agreement is fulfilled, a person is released until their court date, at which point they are expected to show up for all court proceedings. This service is not free. PR release, as it is often called, allows defendants to await their trial at home without posting bail, at all. Bail bond agents in Texas do not necessarily need to be paid in cash as some take credit cards or use collateral to help secure the bond. The first option is to pay the full bail amount in cash. A bail bond is not an unconditional release from jail. Criminal Defense and Constitutional Rights, Copyright 2023 Law Office of David A. Breston. With this type of bond, you will pay your attorney a standard non-refundable fee which is usually 10% of your bond amount. Make sure to visit your counties website to determine the exact fee structure, or simply talk to a nearby bondsman and openly ask them about the county regulations. They also do not serve to punish the defendant for any alleged crime. They are about the same as you will find in other states. The amount of bail that courts will set for pre-trial release depends in large part on the criminal charge. You could arrange for release by paying bail to the court if you have the funds. How Bail Bonds Work in Texas The Easy Way. Its a fee that the Texas bail bonds company will keep. However, if the defendant fails to appear, the court keeps the bail and issues a warrant for his or her arrest. Those motions outline why bail should be lowered. Local lawyers are familiar with the local justice system and can help you get the right lawyer. The following are the most general considerations used by the court to set bail amount: However, bail does not have to be paid in cash. "name": "What is the bail process like in Texas? At the end of your court [proceedings the bondsman will release any liens and/or send you a check for collateral that may have been posted. 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. Can You Leave the State on Bond in Texas? The arrestee will have to pay the bail agent a fee for their service. HowBailBondsWork is an information and directory service. Shouse Law Group has wonderful customer service. An example of a condition would be that the victim accused of domestic violence should not be contacted. Be sure you are signing your Texas bond with the company who youve been dealing with. In cases where the bail set is relatively low, this could be possible. This includes: If the defendant misses a required court appearance, it can forfeit the bond. There is no such system in federal cases. Houston, TX 77008, 2023 SharpCriminalAttorney.com Houston Criminal Defense Lawyer, Should Gambling Be Legalized? Criminal bail bonds can be used in criminal cases. The way bail works is that when a person is arrested, the defendant is booked by the authorities for the crime, brought before a judge for an arraignment, and eventually gets a bail hearing.