If the defendant makes all of their court dates, the company gets their money back. An award-winning criminal defense attorney. Texas Legislature 2021. If the defendant appears in court for trial, they get their money back. Other reasons for not appearing include circumstances beyond the defendants control. Other elements could cause the cost to rise at the bail hearing, as you will see below. In order to be released from custody, in the state of Texas, bail has to be posted. Once you have passed your examination and met all other eligibility, you may apply for your bail bondsman license. The court will keep the money that was posted to secure a pre-trial release. You cannot contact a bail bondsman until your mugshot and fingerprints have been taken in a Texas jail. The bail bonds Texas authorities use to release those arrested from jail before their court date has been in place for many decades. The Performance Bond coverage guarantees that . Defendants who post bail must follow the terms of their release. is the better choice. Its a fee that the Texas bail bonds company will keep. So for example, if your bond is set at $5000 then you will pay a non-refundable of $500 to $1000. The arrestee will have to pay the bail agent a fee for their service. When researching how does a bail bond work in Texas, remember to also research the reasons why bail can be denied. So, for a $5,000 bail, a $500 fee will have to be paid. 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 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. Defendants who post bail and then miss a court date forfeit their bail money. "contentUrl": "/wp-content/uploads/2019/04/Texas-Bail-Bond-Hearing-Process-1-1.jpg", The court stipulates specific rules for bail. How Bail Bonds Work in Texas. How to Find Out if There is a Warrant for Your Arrest. The arrestee is released and, once the case is resolved, the person gets the full amount . Bail is the amount of money that an accused person pays in order to be released from custody as they await trial. Abbott blocks release of some inmates who cant pay bail. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Bail can typically be posted in three ways. It is always a good idea to look up the bondsmans information on the county bail bond board website. Often, a bondsman may sell the bond to another bail bonds company in your area. The surety bond issued by the agent acts as a guarantee that the bail will be paid in the event the defendant doesn't show up for their court date. The bond amount is determined by the offense accused and the court hearing the case. Although drug use and intoxication can be accepted, it is at the judges discretion. They are about the same as you will find in other states. A bond, on the other hand, is a promise made in money, and a bonds company hired by the defendant pays the amount. 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. A bonding company, bail agent, or bail bondsman provides a bail bond in exchange for collateral that releases a defendant from jail until his or her court date. You hire a bail bondsman or post bail, and you are free to go. [1] A surety can be a professional bail bond agent, or a friend or family member. They can either do this or hire a bail bond agent to pay their bail. defendants with underlying medical conditions, especially respiratory problems, and. However, thats not the only factor. 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). 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. If you need to post bail in Texas, here are 5 important things to keep in mind: 1. The first option is to pay the full bail amount in cash. ", The amount of bail that courts will set for pre-trial release depends in large part on the criminal charge. 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 cons are that the money you spent on the bond is a fee you pay to the bondsman and you will not get this money returned. If the defendant fails to appear in court, the bonds company loses their money, and the defendant is responsible for the losses. The bail bond agent doesnt pay the full amount of bail set by the court. A bail bond is a written document in which the court informs the accused that he or she can leave jail for now but must return on a specific date in exchange for a certain type of bond. Its difficult for one bondsman to manage all the regulations across multiple counties, so various small bail companies exist across county lines. 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. This is 10.5 million arrests per year. You can also check our city pages for a nearby Texas bondsman. Some bail bond companies may allow defendants to pay the 12 percent premium on a payment plan. Other elements could cause the cost to rise at the bail hearing, as you will see below. We have bail bong agents available on call 24 hours a day, seven days a week for your convenience. To complete your remission form, you can consult a more reliable bail bond service to learn about bond reduction in Texas. 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. This will be used by the attorney to secure your bail bond. More than likely, a lien will be filed against any and all property you mentioned as collateral in the indemnitor contract. Criminal bail bonds can be used in criminal cases. For example, if a defendant's bail is $10,000, the agent may charge the defendant a nonrefundable fee of $1,000 to post a bail bond in the amount of $10,000 with the court. If the defendant obtained a bail bond, the 10% premium cost paid is non-refundable. If the defendant misses a court date, the bail bond company loses the money it posted. They will be held in jail until the hearing if they are unable to post bail or if they are denied bail. 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. Please complete the form below and we will contact you momentarily. If you fail to attend court or fail to appear at trial, your money is forfeited. In such a circumstance, the court holds a bail hearing to determine if it should be reduced. The collateral generally falls to vehicles, real estate or other valuables which can be re-sold for the total amount of the bail that was set. Bail can typically be posted in three ways. Can I get Probation Instead of Jail in Harris County for Sexual Assault? Search for Texas bail bonds companies via our form above; please make sure to enter the city AND state. They would violate the terms of their release and would lose the bail money. 4 Ways to Get Out of Jail. Well examine the bail process in this article, including answering the question how does a bail bond work in Texas. Please note: Our firm only handles criminal and DUI cases, and only in California. After all, they are taking on a big risk by providing the bond. Bail bondsmen and bail agencies typically offer bail bonds at 10% of the total bail amount. . The court may state explicit rules against travel during your bail period, and this is usually non-negotiable unless serious circumstances exist to justify leaving the state on bond. A court in Texas may order the posting of a bail bond for a . Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. 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 . Bail can typically be posted in three ways. At the hearing, the defense can present evidence that supports reducing bail. I will personally sit down with you and we can figure out what the best course of action is for you. "acceptedAnswer": { "@type": "FAQPage", If they appear in court, they will get their money back. The company can take legal action against the defendant to recoup its losses. 1221 Studewood St Ste 110 After all, they are taking on a big risk by providing the bond. This will cover your bail. Some bail bond agencies will require collateral in addition to the premium fee. The Law Office of Matthew D. Sharp is a criminal law firm built around the basic goal of achieving the most positive results for our Texas clients. Property bonds are another type of bail that can be posted. Bail can generally be paid by cash or bond. 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. The bail agent forfeits the bond amount if the defendant fails to show up in court on the date scheduled. . Defendants who post bond have to abide by the conditions of their release. In the criminal justice system, there are two types of cases-felonies and misdemeanors. In order to become a bail bondsman in Texas, whether it is in a bail board county or criminal code county, you must meet the following basic requirements: Be a U. S. Citizen; . Bail bonds in Texas typically have fairly standard amounts for common crimes. No one wants to be in jail any longer than necessary while they wait for their trial to begin. How Bail Bonds Work San Antonio Bail Bonds Bail bonds in San Antonio Texas are set first by a magistrate. We do not handle any of the following cases: And we do not handle any cases outside of California. A bail bond is a guarantee that the defendant will appear in court on the dates required. The court will likely issue a bench warrant for the persons arrest. After the court has set the bail amount, the defendant has the right to ask for a reduction. A fourth reason to use a bail company that is more reliable is the possibility of a case losing steam when the accused is not there. 2. Public Arrest Records- Tips on how to find Reliable Records, Federal Court Appoints Lawyer To Represent Woman Allegedly Fired For Serving On Jury. If they do, the money they posted for bail will be returned. The defense lawyer can help the defendant get a reduction by arguing that the defendant is not a flight risk. If the initial bail is unreasonable, you do have options for bond reduction in Texas. 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. The bonds firm receives its money back if the defendant appears in court as necessary. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. Prisons offer work opportunities, libraries, exercise equipment, and many other privileges.