How does bail work?
When a person is arrested for a criminal offense in the State of Texas, typically that person will be taken to a local law enforcement train station for reservation, prior to incarceration in a station lock-up or county prison. Once caught and booked, the accused has several options for release pending the conclusion of his / her case. Bail is designed to guarantee the appearance of a defendant in court at the time directed by the judge.
What are the release options if someone is arrested?
You can find three basic release possibilities.
The three options are:
- Surety Bond
- Cash Bail
- Release on Own Recognizance (O.R.)
An alternative solution to cash bail is a surety relationship. This process involves a contractual undertaking guaranteed by an admitted insurance provider having adequate resources to satisfy the facial skin value of the bond. The bail agent guarantees to the court that they will pay the relationship forfeiture if a defendant fails to show up for their scheduled court appearances. The bail agent’s warranty is made through a surety company and/or by pledging property possessed by the bail agent.
For this service, the accused is charged a premium. By involving the family and friends of the defendant, as well as through the acceptance of security, the bail agent can be fairly assured that the defendant released on the surety bond will appear at most of his/her courtroom appearances.
Following this procedure is completed, the bail agent will post a bond for the entire bail amount, economically guaranteeing the defendant’s go back to court as scheduled.
With money at risk, the bail agent has a financial interest in supervising bailees and making certain they appear in court each and every time the court orders them to appear. If the defendant does not appear in courtroom (skips), the bail agent has time and the financial incentive to find the defendant and bring him/her to court.
What is Cash Bail?
Cash bail means a person must give the courtroom or jail the total amount of the bail in cash. The money will be held by the court until the accused appears at most of his/her court cases and the situation is concluded. Full cash bonds provide a powerful incentive for the accused to appear in court. If the accused appears for most of his/her planned courtroom appearances, the money bail should be came back.
What is Release on Own Recognizance (O.R.)
Another approach to release pending trial is through a pre-trial release program administered by the county or a law enforcement company. Usually, the employees of these programs interview defendants in custody and make recommendations to the courtroom about the release of people on their own recognizance (i.e., without any financial security to guarantee the defendant’s come back).
The interview process is often conducted over the telephone, usually with little inquiry into the defendant’s background. The interview process attempts to determine if the detainee will probably appear in court. There is certainly usually no verification of information provided by the defendant. Since no money, property, or bond is submitted to secure the defendant’s appearance in court, he/she faces no personal economic hardship from the conscious decision never to appear in court.
How much will a bail bond (surety connection) cost?
In Texas, the bail superior, or fee, is typically ten percent (subject to a minimum high quality and underwriting criteria) of the full bail amount. For example, if the bail amount is $10,000, the superior billed is $1,000.
Just how much of the high quality am i going to get back?
Typically the 10 percent premium is completely earned once the bail bond is posted with a jail or court. That is how bail agents and their surety companies make their money and pay their bills.
What is collateral of release?
Security is anything of value used to financially secure a bail connection.
What can be used as collateral?
Some examples of collateral include credit cards, houses, cars, boats, jewelry, or electronic equipment (you get the theory).
When will security be returned by my bondsman?
Collateral is usually returned when the courtroom has finished with the defendant’s case(s), exonerating the bail bond(s), so when all fees have been paid.
How long will it try be released from jail?
There are two types of jails – city jails and county jails.
City jails are operated by city police departments and region jails are operated by the county sheriff. After a defendant is booked into a city jail (i.e., fingerprinted, photographed, warrants examined, etc.), it normally takes anywhere from 15 minutes to 1 one hour to be released on bail.
After a defendant is booked into a county jail, it usually takes anywhere from 2 to 8 hours and up to 24 hours to be released on bail. We wish we could speed up the procedure but the town and region jails operate at their own speed. Texas Bail Bonds does everything possible to expedite the defendant’s release. Let us assure you we are by your side every step of the way.