Bail is generally higher for felonies than for misdemeanors. When defendants cannot make bail, they can call a bail bond company. The bail agency or bail bondsman may also impose specific requirements for a bail bond, such as requiring the bonded defendant to remain in-state, or the bail agency or bondsman takes the defendants posted collateral.
In addition, jail can be a hostile place with worse conditions than prison. If the defendant makes all of their court dates, the company gets their money back. 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. WE CAN HELP! There are Texas bail bond laws every bail bondsman and attorney (yes, attorneys can also write bail) must follow within that county. If it is not posted, he or she will undoubtedly stay in custody for a trial. Most of the time, it shouldnt be longer than 48 to 72 hours after your booking until your bail hearing. Do I get my money or collateral back? IF YOU OR A LOVED ONE HAS BEEN ARRESTED AND NEEDS HELP, CONTACT US TODAY. Can I get Probation Instead of Jail in Harris County for Sexual Assault? Violating these rules could lead to significant penalties and influence your sentencing. A person applying for a new license must work for a bail bond business for 12 continuous months full time and have documentation to prove it and must have 8 hours of Continuing Education within the last 24 months. Contact us today at 817-261-2828 to find out more about how we . If you fail to attend court or fail to appear at trial, your money is forfeited. Some bondsmen can even accept Western Union Money-Grams to receive payments from out of state co-signors. Most jails have standard bail plans that specify the bail amounts for certain crimes. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. Simply this, understand the bail conditions and abide by them. Whether youre borrowing a bail bond for yourself or someone else, make sure you know what you are doing. Once a person is eligible for bail, they can receive one of five different types. "name": "What is the bail process like in Texas? You will find that the basic process with a bail bond company is going to be essentially the same across the state of Texas. To avoid incarceration while awaiting trial, the defendant must satisfy specific requirements. However, if the offender has no links to the Texas community and is capable of fleeing if released on bond, the bail sum may be increased. check-ins with bondsman, drug/alcohol screening, etc.) , which is where the defendant gives the court a check or cash for the amount of their bail. In Texas, each county has its own bail regulation, and bondsman must be licenses to operate in each county. . Its a fee that the Texas bail bonds company will keep. Because it is not constitutionally permitted, bail after conviction is not allowed in every state. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Prisons offer work opportunities, libraries, exercise equipment, and many other privileges. How do bail bonds work? } These bonds are often very costly and difficult to obtain. See thefreedictionary.com and The History of Bail. The judge will use bail algorithms to guide their decision. These and other questions are sure to come up, and you want to find some quick and easy answers. If youre arrested, you might be eligible for bail. So what happens if these conditions are violated? The company will post bail on the defendants behalf. The defense lawyer can help the defendant get a reduction by arguing that the defendant is not a flight risk. More than likely, a lien will be filed against any and all property you mentioned as collateral in the indemnitor contract. Most . There will be bond fees to pay, and those fees are not refundable. . Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. The agent will typically charge 15-20% of the total bond amount, and the money or collateral you furnish is non-refundable. Defendants who post bail must follow the terms of their release. Those checked by court or jail personnel will be in effect. Second, the "bond" is the actual amount of money that an individual pays as . The arrestee will have to pay the bail agent a fee for their service. Personal recognizance - It is most common for first-time offenders of non-violent crimes to be given the opportunity to be released on their own promise to return for all court hearings. 4 Ways to Get Out of Jail. have no process for certifying bail bondsmen but, Texas does. If the initial bail is unreasonable, you do have options for bond reduction in Texas. The common factors that the court uses to determine the bail amount are: However, bail doesnt have to be in cash form. He previously served as a state and federal prosecutor and magistrate, making his content contributions extremely relevant on legal and bail related topics. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. The defendant then signs an agreement with them in order to post the bail. You cannot contact a bail bondsman until your mugshot and fingerprints have been taken in a Texas jail. 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. Most of the time, it shouldnt be longer than 48 to 72 hours after your booking until your bail hearing. If you cant access the cash and still want to be out of custody, you can ask for a bail bond. Your Texas bail bondsman will explain the rules to your bond and may even have you sign an acknowledgement form alerting you to the company rules. Unfortunately, there is no bail mechanism in federal proceedings. There could be some differences in the cost of the bail based on the type of crime committed, as mentioned. The amount of bail required will be determined at the bail hearing. Clive is a bail expert from the Tucson area who started this site to correct a number of myths about the industry. We have a list of the most trusted bail bonds companies in Texas so you can get in touch with a nearby licensed bondsman. CODE OF CRIMINAL PROCEDURE. A person who is arrested is taken into custody to be processed. If you need a bond reduction in Texas, youll have to work with the courts and the bond agencies available to you. 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 . Bail is the sum of money paid by an accused person to secure a release from jail while awaiting trial. [2] 2. When an accused has been bonded from jail, whether by surety bail bond, personal recognizance bail bond, property bail bond, or any other type of bail, he or she should pay close attention to the wording for Bail Bond Conditions. For more information and to learn more about how bail bonds work Texas residents may consult with the Texas Department of Insurance website. They base it on an objective assessment of the defendants flight risk (i.e., how likely they are to flee). Think back to our initial "how does bail work" example of So-And-So was released on a $400,000 bail. The defendant can be released from detention until trial if bail is paid or posted. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. How to Find Out if There is a Warrant for Your Arrest. then you will have nothing else to worry about. Infractions, misdemeanors and felonies are all common classifications in the United States. However, when bail is set high, a bail bond is the better choice. A bail bond is a type of surety bond. While you have the option of leaving jail pending trial, the federal courts use . TITLE 1. "name": "What Is a Bail Bond? The bail agency or bail bondsman keeps the cash fee for the bail bond as profit. If it is not posted, he or she will most likely remain in custody while awaiting trial. "acceptedAnswer": { If you're looking for a bail bondsman in Dallas, Texas, look no further than PCS Bail Bonds. Many defendants cant raise enough to do this. A cash bail means that the full amount of the bond is paid for in cash to the jail or court. New Jersey passed a suite of criminal justice reforms in 2016 that essentially eliminated cash bail and created a new pretrial services program. These are not as common, but they can and do still happen. This form is encrypted and protected by attorney-client confidentiality. Texas bail bond companies must have a license from the state of Texas for the bail bond to be accepted. 17.01. At this time the process can begin to release the person and typically can take anywhere from 1 to 2 hours to be completed. 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. PR release, as it is often called, allows defendants to await their trial at home without posting bail, at all. Instead, the accused signs a commitment stating that they will attend all court dates. Property bonds are another type of bail that can be posted. If you cant afford to pay it, you might need to work with bail bond agencies. If the defendant appears in court as required at the appropriate time and date, the court dissolves the bail bond and the bail agency or bail bondsman returns the collateral to the parties who posted it. The judge will also consider the severity of the crime. They were so pleasant and knowledgeable when I contacted them. The payment of bail does two things: It grants the defendant freedom (at least . "@type": "Answer", You can also check our city pages for a nearby Texas bondsman. A bail can be posted by another person, usually a friend or relative of the defendant. 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. "contentUrl": "/wp-content/uploads/2019/04/Texas-Bail-Bond-Hearing-Process-1-1.jpg", This comes out to a 50 percent increase between 2001 and 2006. It is important to note that innocence does not make it a defense against skipping bail. 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 .Camilla Shand Kydd Lord Lucan,
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