"name": "What is the bail process like in Texas? When a defendant is bound by bail to appear and fails to appear in any court in which such case may be pending and at any time when his personal appearance is required under this Code, or by any court or magistrate, a forfeiture of his bail and a judicial . This is 10.5 million arrests per year. When it comes to understanding how bail bonds work in Texas; co-signors should know that the bail bonds process, fees and oversight is typical in Texas as in most states. A bail bondsman does not work from 9 to 5. 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. An Appearance Bond is a contract between the parties and the Court. The collateral can include vehicles, real estate or valuable property. Fred is our bail expert who reviews and contributes to our content to ensure we have accurate and complete bail information. Bail can generally be paid by cash or bond. As long as the arrested person attends all court dates and meets any other requirements (e.g. The court will likely issue a bench warrant for the persons arrest. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. "name": "How is bail typically determined in Texas? When the bail bond amount is decided, you or someone else can contact a Texas bail bondsman to post the bond at the local jail. In such a case, the court holds a bail hearing to decide whether to reduce it. If you need a bond reduction in Texas, youll have to work with the courts and the bond agencies available to you. How do bail bonds work in Texas when determining the cost of bail? The defendant is responsible for paying the company back. Get a Bail Bondsman in Dallas, Texas. If the bail is paid, or posted, the defendant can be released from custody pending trial. } The arrestee will have to pay the bail agent a fee for their service. Bail payments must be cash, so the bail bonding system works to allow more flexibility to those facing criminal charges. "@type": "Answer", Never sign a bond with a company that cannot do bail outside of their authorized county. Many defendants cant raise enough to do this. This is when the bail bondsman posts the bail bond for the arrestee for a fee. How Does Bail Bond Collateral Work? The defendant must meet specific conditions to stay out of jail with a pending trial. 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. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. If the defendant fails to appear in court, the bonds firm loses money, and the defendant is held liable. If it is not posted, he or she will undoubtedly stay in custody for a trial. Partially secured Bonds Instead of paying the entire bail amount, the court allows the loved one to pay a fee that is usually 10%. A bail bonds office that judiciously bails out low flight risks that carry high bail amounts can make money simply by taking in the 10 percent fee. Many bail bond agents will also provide loans to cover the 10% if needed and re-payment will be based on collateral or a set payment schedule. This is perfectly legal and very binding. Property BondSome states allow property bonds. The Vera Institute of Justice estimates that someone is arrested in America every three seconds. How much does a bail bond (surety bond) cost? 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). If you need to post bail in Texas, here are 5 important things to keep in mind: 1. In return for a non-refundable payment, the bail bondsman will pay the bail amount and receive it when the trial is over. 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. If you are arrested for a fairly minor criminal offense, and your bail is set at $5,000, then you would pay a bail bondsman $500 to avoid spending more time in jail. For your convenience, we're available 24/7, so whenever you need our expert assistance, we're here for you. The amount of the fee can be up to 15% of the bail amount set . Other elements could cause the cost to rise at the bail hearing, as you will see below. A bail bondsman will pay the entire bail amount if the defendant intends to attend all court dates and pays a little more for the service. Copyright 2023 Shouse Law Group, A.P.C. The purpose of bail is not to punish the defendant. Although drug use and intoxication can be accepted, it is at the judges discretion. A bail bond company works . . There is cash bail, which is where the defendant gives the court a check or cash for the amount of their bail. Most arrests are made for misdemeanors, which are not as serious as felonies. Severe offenses often lead to high bail requirements. The industry is represented by various trade associations, with the . If you successfully show up for every scheduled court appearance, then your bail bondsman will happily keep your $500. DUI arrests don't always lead to convictions in court. The court stipulates specific rules for bail. A cash bail means that the full amount of the bond is paid for in cash to the jail or court. Greg Abbott prioritized changing how bail is set. As a result, finding a bail bondsman who is available 24 hours a day, seven days a week is critical. Bail bondsmen and bail agencies typically offer bail bonds at 10% of the total bail amount. Apply for Your license with the state. However, if the defendant has no ties to the Texas community and can fly away when given bail, the bail amount may be set higher. TITLE 1. To keep the person who pays the bond fond of you make sure that you show up in court for your scheduled court date. They also do not serve to punish the defendant for any alleged crime. However, bail can be complicated. After an arrest occurs in Texas, the person is usually processed at the local county jail. In such a circumstance, the court holds a bail hearing to determine if it should be reduced. The amount of time that you will have to spend in jail before getting bailed out will vary. When researching how does a bail bond work in Texas, remember to also research the reasons why bail can be denied. } Each Texas bail bonds company can only write bonds in the county in which they are licensed. The judge will also consider the severity of the crime. } "acceptedAnswer": { "description": "What You Need To Know About The Texas Bail Bond Process", While you have the option of leaving jail pending trial, the federal courts use . The defendant can either choose to stay in custody until the day of trial or post bail. They can wait for trial at home. The arrestee will have to pay the bail agent a fee for their service. The Texas bailbond agent will post the bail electronically once the 10 percent premium is paid. Like everything regarding bail and bonds, bond reduction in Texas is a serious matter. 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. If the accused does not show up on their court dates, the fee is refunded to the person who paid it. When someone has been charged with a crime and arrested, they may get a bail amount from the judge. 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. Then, the defendant could be released from jail until court. Cash bond - The detainee's friends or family can pay the . It is important to note that innocence does not make it a defense against skipping bail. After all, they are taking on a big risk by providing the bond. Its difficult for one bondsman to manage all the regulations across multiple counties, so various small bail companies exist across county lines. Other reasons for not appearing include circumstances beyond the defendants control. CHAPTER 22. 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. One danger of jail is the possibility that you could make recklessly implicating statements. Defendants who post bail must follow the terms of their release. Whether its bail or a no-arrest bond, these companies will loan you the money to cover your bail. If the defendant fails to appear in court, the bonds company loses their money, and the defendant is responsible for the losses. If they appear in court, they will get their money back. When you work with your Texas county bondsman, make sure you understand what all is involved in the bail fee. Then, be sure to follow all directions while out on bond. 22.01. 4 Ways to Get Out of Jail. WE CAN HELP! 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. { There are many options, such as property bonds where the collateral is their home, but cash bail bonds are still the most popular and widely used bail bonds in Houston Texas. For example, if a defendant is required to post $50,000 bail, the bail bondsman will seek a signature release of . A little bit of education could help secure your freedom. If you need a bond for aggravated assault, the amount will usually be fairly high. Then, the defendant could be released from jail until court. The defendant may be convicted of bail jumping if they can prove that they did not receive proper notice of the court date. In some cases, bail jumping may be a lesser offense than bail jumping. Our Denton County bail bond services can help you get released from prison quickly and affordably. If the court determines that it is the only way for a defendant to appear in court, bail will be set. 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. This allows the accused or their lawyer to make a stronger case for their release, or have their charges dropped by the court. 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. Failure to appear in court on time may result in bail being forfeited and held by the court. Bail bonds in Texas typically have fairly standard amounts for common crimes. "contentLocation": "Houston,TX", Bail Bonds in Texas. The general bail bond fee charged is 10% but each county has the power to decide a minimum, maximum, or neither. 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. The usual way to do this is to post bail. First, the "bail" amount is simply an amount of money that must be paid to the court in the event that the defendant does not appear in court or violates any other pre-trial bond conditions imposed by the court. Add a zero to that bond, and you can add a zero to the commission too. The bail bond agent arranges how the defendant will get a bond bail from the bonds company. The offense may be either a misdemeanor, or a felony depending on where you live. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. When you have a family member who has been arrested and who is awaiting trial, you naturally want them out as soon as possible. Please note: Our firm only handles criminal and DUI cases, and only in California. Second, the "bond" is the actual amount of money that an individual pays as . Most people in the United States agree: it is long . Bail refers to the release of a suspect while they await their court appearance. However, thats not the only factor. Defendants who post bail and then miss a court date forfeit their bail money. The defendant usually pays 10% to 15% of bail amount. If the defendant cant raise the cash, then they apply for a bail bond. Previously, Harris County, as well as Dallas and Galveston counties, relied on "fixed" bail schedules, which set bails at predetermined amounts and fail to consider an . You can also get in touch with us via our contact form, and a member of our team . Financial hardships are not valid reasons. "acceptedAnswer": { 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. As local officials shrink jail populations due to coronavirus, Texas Gov. Bail jumping/skipping bail is a crime, and the defendant could be charged with another crime and face financial penalties. Multiple federal courts have found . So, for a $5,000 bail, a $500 fee will have to be paid. 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. 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. Some courts may be more willing to let defendants out on reduced bail or on personal recognizance if they are at risk for the disease. In the case of a PSBU, the cost is $200 in many parishes, as well as court costs other charges. They are similar to regular bonds, but rather than the financial guarantee being provided by the bail agent, the guarantee is derived from property the arrestee has. 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! A magistrate ordered him jailed on . This approach allows you to pay a specific sum of money to the court, which is retained for the duration of your case. In Texas, each county has its own bail regulation, and bondsman must be licenses to operate in each county. Often, a bondsman may sell the bond to another bail bonds company in your area. 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. This is a citation release. then you will have nothing else to worry about. This allows the defendant to pay the bail amount and be released from jail. Save my name, email, and website in this browser for the next time I comment. How to Find Out if There is a Warrant for Your Arrest. This is when the bail bondsman posts the bail bond for the arrestee for a fee. 7031 Koll Center Pkwy, Pleasanton, CA 94566. There may be other more severe penalties, or you may have committed a new crime. The defendant will have to wait for trial behind bars. The United States is one of the few countries in the world that permit defendants to use a bail bondsman. These are not as common, but they can and do still happen. Do not be afraid to advocate for yourself. Fred Shanks is a licensed bail bondsman and the owner of Apex Bail Bonds. Choosing a bail bond company that is best for you comes with plenty of benefits that you can't neglect.