A criminal bail bond exists for defendants facing criminal charges and usually entails a much larger bail amount. Texas Bail Bonds How Bail Works in TX, How Much Bail Costs, Find Bail Bonds Nearby, $1 Million Dollar Bail Bond Cost & Crimes, Find Bail Bonds Near You - Bail and Legal Knowledge Base, Marketing & Advertising Ideas for Bail Bondsmen. The criminal must still appear in court after paying the bond money. In order to get out of jail you or a cosignor will need to pay a fee to a bondsman which is usually 10% of the entire bond, called the premium. Bail Bonds in Texas. If the initial bail is unreasonable, you do have options for bond reduction in Texas. Severe offenses often lead to high bail requirements. Clive is a bail expert from the Tucson area who started this site to correct a number of myths about the industry. "acceptedAnswer": { The amount of time that you will have to spend in jail before getting bailed out will vary. Since implementing these reforms in 2017, New . If the accused does not show up on their court dates, the fee is refunded to the person who paid it. Can I get 0 down bail bonds? In cases where the bail set is relatively low, this could be possible. 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. There could be some differences in the cost of the bail based on the type of crime committed, as mentioned. . A court in Texas may order the posting of a bail bond for a . Property BondSome states allow property bonds. If the total amount of the bond is increased to more than $20,000, the 10% cash option does not apply. Can I leave the state when on bond? Rather than having one set fee percentage that is charged for each bail bond in the state, Texas allows each county to regulate its bail bond system in accordance to Chapter 17.04 (Texas Occupations Code). Those who are charged with a crime like multiple murders, for example, will generally have a much harder time getting bail unless they have an outstanding criminal defense team. A bond, on the other hand, is a promise made in money, and a bonds company hired by the defendant pays the amount. The bail bond system exists to ensure that individuals charged with crimes appear for their court dates as required while allowing them to move freely between booking and arraignment. There may be other more severe penalties, or you may have committed a new crime. Once the magistrate has set the bond amount, a pers. Contact our Houston DWI Lawyerstoday for more information about bail bonds in Texas. Defendants who post bail and then miss a court date forfeit their bail money. Gov. However they might also consider other types of property. If the bail is paid, or posted, the defendant can be released from custody pending trial. . If the defendant does not have enough collateral to post the bond, the bail bondsman or bail agent may ask the defendant's friends and family to help cover bail. 2. Most arrests are made for misdemeanors, which are not as serious as felonies. If you end up in jail, or if one of your friends or loved ones is jailed, do not stay any longer than absolutely necessary. The common factors that the court uses to determine the bail amount are: However, bail doesnt have to be in cash form. Bail is a process by which a defendant being held for trial is released in exchange for an amount of money to be held as a guarantee of their appearance at all court hearings about the charges for which they were arrested. use our directory of Texas bail bonds agents today. To convict a defendant of bail jumping, they must prove that they didnt show up at court in good faith. 17.01. If the defendant comes in court for trial, their money is returned. This fee is non-refundable. For example, if you have been detained and arrested by I.C.E., or the Bureau of Immigration and Customs Enforcement, you can use an immigration bond to gain release from detention until your court hearings. You must make your application within one year of the forfeiture being ordered. The last example of a bond type is a surety bond a secured form of bail. Your bondsman will give you the exact amount. See thefreedictionary.com and The History of Bail. They can also ask the judge to increase the bail amount if they are unable to post bail according the bail schedule. In return for their services, bounty hunters typically receive anywhere from 10 percent to 20 percent of the total bail bond. Whether the criminal poses a risk to society. Factors that can raise the amount of bail include: Courts can deny bail in some cases, often involving serious charges. 4. In order to understand how bail bonds work in Texas, it is important to first understand the criminal justice system and how it works. "text": "The amount of time that you will have to spend in jail before getting bailed out will vary. A bail bond agent will look at your case, the bail amount, and your history and connections to the county to decide whether to mark your case for bond approval. Keep in mind that all bail bondsmen must be licensed within the county they are providing bail services in. To see the bail bond assoc in Hidalgo county, Texas, visit Hidalgo County Bail Bond Association | HCBBA. Then, the defendant could be released from jail until court. Well examine the bail process in this article, including answering the question how does a bail bond work in Texas. It can be harder to get a bond placed for you to be released when the bail amount is high. Unfortunately, there is no bail mechanism in federal proceedings. The answer to how do bail bonds work in Texas is that they work relatively simply. This can differ from one county to another. New Jersey passed a suite of criminal justice reforms in 2016 that essentially eliminated cash bail and created a new pretrial services program. } document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! The amount of bail that courts will set for pre-trial release depends in large part on the criminal charge. Instead, the accused receives a written notice informing them that they must appear for their court date. They can either do this or hire a bail bond agent to pay their bail. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. The court stipulates specific rules for bail. It is important to note that innocence does not make it a defense against skipping bail. It is used instead of paying the whole amount of bail that a court has set for releasing a defendant. 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. The bail forfeited if the accused does not show up to court on the date. The surety bond issued by the agent acts as a guarantee that the bail will be paid in the event the defendant doesnt show up for their court date. { The arrestee is released and, once the case is resolved, the person gets the full amount . The fee will be refunded to the person who paid it if the accused appears on the court dates. }, { The collateral can include vehicles, real estate or valuable property. The defendant must meet specific conditions to stay out of jail with a pending trial. If the defendant obtained a bail bond, the 10% premium cost paid is non-refundable. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. As long as the arrested person attends all court dates and meets any other requirements (e.g. Types of Bail Bonds. IF YOU OR A LOVED ONE HAS BEEN ARRESTED AND NEEDS HELP, CONTACT US TODAY. Failure to appear to court on the set trial dates puts the defendant in trouble and the court will give orders for immediate arrest. Browder languished in jail for three years awaiting trial, spending much of the time in solitary confinement. Bail payments must be cash, so the bail bonding system works to allow more flexibility to those facing criminal charges. The company can take legal action against the defendant to recoup its losses. There is cash bail, which is where the defendant gives the court a check or cash for the amount of their bail. Then, the bond can be placed that gets you released. These rules are straight forward and help you stay on track with your court appointments. Once a person is eligible for bail, they can receive one of five different types. Courts can even release defendants on personal recognizance. Score: 4.6/5 ( 75 votes ) Bail Bonds in Texas. Whether its bail or a no-arrest bond, these companies will loan you the money to cover your bail. 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). "contentUrl": "/wp-content/uploads/2019/04/Texas-Bail-Bond-Hearing-Process-1-1.jpg", Bail is the sum of money paid by an accused person to secure a release from jail while awaiting trial. For example, if the arrestee is considered to be a flight risk, the bail could be higher. The court will likely issue a bench warrant for the persons arrest. These can take up to weeks, as the court must conduct inspections and valuations on the property. "@type": "Question", The company will post bail on the defendants behalf. If you are a resident of Texas, you have a job that supports your family, have no passport and have never been out of Texas, then you are not a flight risk. 3. The general bail bond fee charged is 10% but each county has the . Another way bail can be decided is through an algorithm. If you are wondering can bail be denied the answer is clear. If you have the cash then, you simply pay and get bailed. However, when bail is set high, a bail bond is the better choice. So what is bail in general, and how do bail bonds work in Texas, specifically? A person who needs Texas bail can also contact the local county bail bond board website for information. "@type": "Answer", You may also be asked to put up property as collateral. The defendant is responsible for paying the company back. The bail bonds professionals at Just Bail Bonds in DFW are here to get you out of jail as quickly as possible. When you have a family member who has been arrested and who is awaiting trial, you naturally want them out as soon as possible. When researching how does a bail bond work in Texas, remember to also research the reasons why bail can be denied. A bail can be posted by another person, usually a friend or relative of the defendant. HowBailBondsWork is an information and directory service. A person who is arrested is taken into custody to be processed. If you dont understand your obligations, you might end up owing a large amount of money. 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. In Texas, do you receive your bail money back? This depends on rules of the court you have to follow. A bailbonds license does not extend throughout the state as is typical in most US states. The bail bond agent doesnt pay the full amount of bail set by the court. defendants with underlying medical conditions, especially respiratory problems, and. BAIL FORFEITED, WHEN. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. It will not be returned when the case ends. The defendant must pay the bail amount in cash, check or any other form that the court accepts once the bail has been set. However, thats not the only factor. The defendant can be released from detention until trial if bail is paid or posted. Bail can typically be posted in three ways. Many defendants cant raise enough to do this. Each county a bondsman wants to operate in they must be licensed through that counties Bail Bond Board. Dont always look at company reviews as most business reviews nowadays are fake. If they are considered a safety risk, then the presence of prior convictions, restraining orders, and whether they are on probation could affect the cost as well. DUI arrests don't always lead to convictions in court. The arrestee will have to pay the bail agent a fee for their service. When you find out how much the bail is, you can call on a bail bond agent to help you to make the bail and get out for a while until the next court date. An immigration bond is a type of bail bond. Your information is then entered into the system and a bail amount is set for your release. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. When the defendant isnt in custody, prosecutions dont move as quickly. After a bail bond company posts bail on the defendant's . restraining orders against the defendant. 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 rules still apply whether its a zero down bail bonds, online bond or walk in bond; if you dont abide by the rules of the bond company or the court youre going back to jail. The amount of bail depends on the offense being charged and the court hearing the case. Copyright 2023 Shouse Law Group, A.P.C. Consult a federal criminal defense attorney if you were given a federal bail and have not been released from jail. Most jails have standard bail plans that specify the bail amounts for certain crimes. At the hearing, the defense can present evidence that supports reducing bail. Texas bail bond companies must have a license from the state of Texas for the bail bond to be accepted. With this type of bond, you will pay your attorney a standard non-refundable fee which is usually 10% of your bond amount. Fortunately, there is a better option: work with Doc's Bail Bonds to get out of jail by posting a bond to the court. The spread of COVID-19, or the coronavirus, has impacted bail. Example: A bounty hunter in Texas was seeking to apprehend Ruth Garcia, who had skipped bail. TITLE 1. In Texas, every court has a bond schedule that guides the judges on bail, depending on the type of crime. Police in 2015 arrested Jonathan Rawlins on an unauthorized use of a vehicle charge.