How does bail work?
When an individual 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 booking, prior to incarceration in a place lock-up or county prison. Once arrested and booked, the defendant has several options for release pending the final outcome of his / her case. Bail is designed to guarantee the appearance of a defendant in court at the time aimed by the judge.
What are the discharge options if someone is arrested?
There are three basic release possibilities.
The three options are:
- Surety Bond
- Cash Bail
- Release on Own Recognizance (O.R.)
An alternative to cash bail is a surety connection. This process entails a contractual starting guaranteed by an admitted insurance provider having adequate assets to satisfy the face value of the relationship. The bail agent guarantees to the court that they can pay the bond forfeiture if a defendant fails to show up for their scheduled court appearances. The bail agent’s assurance is made through a surety company and/or by pledging property owned by the bail agent.
For this service, the accused is charged a premium. By relating to the family and friends of a defendant, as well as through the acceptance of guarantee, the bail agent can be reasonably guaranteed 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 full bail amount, financially guaranteeing the defendant’s go back to court as scheduled.
With money at risk, the bail agent has a financial fascination with supervising bailees and making certain they come in court each and each time the court orders them to appear. If the accused does not come in courtroom (skips), the bail agent has time and the financial incentive to find the accused and bring him/her to court.
What is Cash Bail?
Cash bail means a person must supply the courtroom or jail the quantity of the bail in cash. The money will be held by the courtroom until the defendant appears at all of his/her courtroom cases and the case 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 scheduled courtroom appearances, the money bail should be returned.
What is Release on Own Recognizance (O.R.)
Another approach to release pending trial is through a pre-trial release program administered by the state or a police company. Usually, the employees of these programs interview defendants in custody and make recommendations to the court regarding the release of people independently recognizance (i.e., with no financial security to ensure the defendant’s come back).
The interview process is often conducted over calling, usually with little inquiry into the defendant’s background. The interview process attempts to determine if the detainee is likely to appear in court. There is usually no verification of information provided by the accused. Since no money, property, or relationship is posted to secure the defendant’s appearance in court, he/she faces no personal financial hardship from the conscious decision never to appear in court.
How much will a bail bond (surety connection) cost?
In Texas, the bail premium, or fee, is typically ten percent (subject to a minimum high quality and underwriting criteria) of the entire bail amount. For instance, if the bail amount is $10,000, the high quality charged is $1,000.
Just how much of the superior will I get back?
Typically the ten percent premium is completely earned after 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 security of bail?
Collateral is anything of value used to financially secure a bail relationship.
What can be utilized as collateral?
Some examples of collateral include bank cards, homes, cars, boats, jewelry, or digital equipment (you get the theory).
When will collateral be returned by my bondsman?
Guarantee is usually returned when the court has finished with the defendant’s case(s), exonerating the bail relationship(s), so when all fees have been paid.
How long would it try be released from prison?
You can find two types of jails – city jails and county jails.
City jails are operated by city police departments and region jails are operated by the state sheriff. After a accused is booked into a city jail (i.e., fingerprinted, photographed, warrants examined, etc.), it typically takes anywhere from a quarter-hour to 1 1 hour to be released on bail.
After a defendant is booked into a county jail, it often takes from 2 to 8 hours or more to 24 hours to be released on bail. We wish we could speed up the process but the town and county jails operate at their own pace. Texas Bail Bonds does everything possible to expedite the defendant’s release. Let us assure you we will be by your side every step of just how.