If you have been thrown in jail awaiting bond, it can leave you feeling as helpless as you are terrified. The primary concern is getting out of jail, and that’s going to require some understanding of the bond system in Texas. If you find yourself in this difficult situation, turn to an experienced Round Rock criminal defense attorney for the help you need today.
After Arrest
Once you’re arrested, you’ll be fingerprinted and photographed before you’re held in jail until you appear before the judge, which is generally scheduled within 24 to 48 hours of arrest. At this appearance, the judge will formally charge you with the crime you’ve been accused of committing and will set bond.
From here, you’ll need to post bail in order to gain your release from jail, but this is just the tip of the iceberg when it comes to the legal process ahead. You’ll be assigned a court date at which you’ll be required to answer the charge against you, and this generally means pleading not guilty.
What Is a Bail Bond?
A bail bond allows someone who has been arrested to enter an agreement with the court. The court sets the bail amount, which is paid via bail bond, and in the process, an agreement is struck. The payment of bail is the accused person’s bond to show up in court when they are required to, and in exchange, they are released from jail.
Bail refers to the amount of money the defendant must pay. The bond, on the other hand, is the defendant’s financial guarantee. A bond company often posts the bail bond on behalf of their customer – the defendant. Bail bond companies in Texas must be licensed through the state before they’re allowed to post bond in Texas courts.
The Different Kinds of Bail Bonds in Texas
Bail bonds are the tool that allow defendants to gain release from jail – prior to returning for required court appearances.
The bond serves as a security that helps to ensure the defendant will show up for all court hearings scheduled in the future. Skipping a court date can lead to the bail bond being forfeited, which means it won’t be returned to the defendant, and the court can issue an arrest warrant in response.
The more serious the crime and the more extensive the defendant’s record, the higher the bail amount will be. This is in an effort to more effectively deter the defendant from not appearing in court when they are required to do so. There are three primary types of bonds in Texas.
Personal Bond
A personal bond is the best possible scenario you can expect because it doesn’t require you to put up any money in order to get out of jail – other than paying the minimal court fees, which are mandatory. This form of bond is also called personal recognizance because it amounts to you giving your word to the court that you will be present at all upcoming court dates.
Personal bonds are generally reserved for those instances when the accused doesn’t have a criminal record or doesn’t have much of a criminal record, isn’t on probation, and isn’t facing an especially serious charge. Having a seasoned Round Rock criminal defense lawyer in your corner can make a serious difference in your ability to obtain release on a personal bond.
Cash Bond
If you’re required to pay a cash bond, it means that you’ll need to pay the full amount of the bond set in cash, money order, or cashier’s check. If you can cover the bond and are released from jail, the cash you turn over will be returned to you once your case is finalized – as long as you lived up to your end of the bargain by being present at each of your court dates.
While a cash bond is expensive up-front, it ensures that your money will be returned to you after the fact. If you can’t afford the amount you’re required to post, however, and if you don’t have anyone to help you out, you could be stuck in jail until your case is resolved.
Surety Bond
A surety bond is the kind of bond that a bail bond agent employs to secure a customer’s release from jail.
A surety company guarantees that the court will receive the full bail amount if the defendant fails to appear as required. In return, the defendant pays the bail bond company a non-refundable fee—usually about 10% of the total bail—and if the defendant forfeits their bail, the surety company can recover its losses using any collateral the defendant provided.
With a surety bond, the percentage that you pay the bond company is your service fee, but as long as you don’t forfeit your bail, such as by failing to attend a required hearing, your collateral will be returned to you. In addition, you reap the benefits of being released from jail while your case is pending.
The Advantages of Being Released on Bail
There is a wide range of advantages associated with being released on bail. The most obvious, of course, is that you won’t be in jail, and the benefits of this consequence can be difficult to overstate.
To begin, you can uphold your responsibilities to your family and won’t miss out on spending valuable time with them. Additionally, you won’t be a no-show at work, which could directly affect the trajectory of your career.
Finally, if you’re not in jail, you can work closely with your savvy Round Rock criminal defense attorney to build a solid defense that protects your rights, which can prove invaluable.
If You Can’t Afford the Bond You’re Facing
If the bond that’s set in your case is too high, it leaves you in a very challenging position. With a knowledgeable criminal defense lawyer backing you up, however, a bond reduction may be a possibility.
The process of obtaining a bond reduction generally begins with the filing of a bond reduction letter, and your dedicated lawyer’s goal is framing your bid for a reduction in bail amount in the best possible terms in order to persuade the judge that such a reduction is warranted.
The kinds of arguments that can support a bond reduction include all the following:
You have close ties to the community, including family ties, a well-established job, a home you own, and beyond.
Your history and reputation speak to the fact that you are not a flight risk.
You have the financial ability to cover a reduced bond amount
You have a demonstrated willingness to cooperate with the court and the criminal justice process.
Generally, you are better off getting out of jail through whatever kind of bond is available to you. If the bail amount set, however, is far beyond anything you can afford and if your family and friends don’t have the resources to help you make up the difference, seeking a bail reduction is a viable option.
The Factors Considered in Relation to Bond Reduction Requests
Your chances of convincing the court to reduce your bail as it stands are better if you can demonstrate that the amount is excessive. While your inability to pay the amount set is very unlikely to sway the court in and of itself, it will play a role in establishing a fair number. There are several primary factors that can affect the outcome of a request for bond reduction.
Your Ability to Pay
The court will carefully assess your ability to pay bail. The bottom line is that – if there is no way you can possibly afford the bail set – it means that you’ve been granted no possibility of gaining release from jail, which isn’t what the bail system is designed to do.
Bail is not intended to punish the accused but is instead designed to ensure that they comply with the judicial process. By setting an amount that is far out of your reach, the court ensures that you can’t get out of jail, which isn’t in keeping with the law’s intention.
The Severity of the Charge Against You
The more serious the charge is against you, the higher your bail is likely to be. In the course of a hearing for a bond reduction in your case, the court will take the charge itself into careful account.
Your Criminal History
If you have a clean record or a nearly clean record, it will go a long way toward helping to keep your bail low – or toward allowing your release on personal bond.
The more extensive your criminal history, the steeper your bail will be, and the less likely it is to be reduced. If you’ve skipped out on bail before, it could be exceptionally difficult to convince the court to overlook this particular concern.
Your Ties to the Community
If your focused Round Rock criminal defense attorney can demonstrate your strong and abiding ties to the community, the court will balance this fact with competing factors.
For example, if you have a family and children who depend upon you for the care you provide as well as for your ability to support them, this can work in your favor when it comes time to assess the degree to which you pose a flight risk.
The Flight Risk
The more indicators there are that you could flee the country, such as having a passport and the means to hop a plane at a moment’s notice, the more likely you are to be considered a flight risk. Having ample financial resources can also make a defendant a serious flight risk, but if you’re attempting to reduce your bail amount, this is unlikely to be a variable in your case.
The Public’s Safety
When it comes to setting bail, Texas courts always have to take public safety under careful advisement. If there is little risk of you posing a threat to others, it can support a reduction in your bail. If the crime you’ve been accused of is especially violent, however, the court is unlikely to budge on the amount of bail they’ve set in your case.
Less Clear-Cut Factors
The factors considered up to this point regarding bail reductions are clearly defined, but there are other less obvious considerations that can still play a critical role.
For example, bias can find its way into bail reduction hearings. Although judges are called upon to rule from a position of impartiality, this is a lofty goal that can be very difficult to achieve. In the end, the biases of the judge handling your case could directly affect the amount of bail that’s set and whether or not you’ll be awarded a bail reduction.
Another factor that relates to bias and perception is your demeanor and appearance. If you come off as cooperative and generally remorseful regarding the charge in question, the judge may feel more generous than they would if you presented yourself as a defiant troublemaker.
While your appearance shouldn’t be a material issue, it can be, which makes putting your best foot forward at every court appearance in your best interest.
Finally, there is the matter of public opinion. If your case is high-profile in some capacity, public sentiment could influence how the judge rules. There is no denying that judges can feel the pressure of public outcry, and they sometimes rule in accordance.
You Need an Experienced Round Rock Criminal Defense Lawyer on Your Side
Brett Pritchard at The Law Office of Brett H. Pritchard is a determined Round Rock criminal defense attorney who recognizes how important bail is in your case and will take the necessary measures to ensure that you are out on bail as quickly as possible. For more information, don’t put off contacting or calling us at 254-781-4222 and scheduling a free consultation today.