How does bail work?
When a person is arrested for a crime in the State of Texas, typically see your face will be studied to a local law enforcement station for reservation, prior to incarceration in a train station lock-up or county prison. Once caught and booked, the defendant has several options for release pending the conclusion of his or her case. Bail was created to guarantee the appearance of a accused in court at the time directed 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 relationship. This process involves a contractual commencing assured by an accepted insurance provider having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they can pay the connection forfeiture if a accused fails to show up for their scheduled court appearances. The bail agent’s promise is manufactured through a surety company and/or by pledging property possessed by the bail agent.
Because of this service, the accused is charged reduced. By involving the family and friends of a accused, as well as through the acceptance of security, the bail agent can be reasonably guaranteed that the accused released on a 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 return to court as scheduled.
With money at risk, the bail agent has a financial interest in 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 court (skips), the bail agent has time and the financial incentive to get the accused 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 cash 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 give a powerful incentive for the accused to surface in court. If the defendant appears for all of his/her scheduled 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 region or a law enforcement company. Usually, the employees of these programs interview defendants in custody and make suggestions to the courtroom about the release of people on their own recognizance (i.e., without any financial security to ensure the defendant’s return).
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 is likely to appear in courtroom. There is certainly usually no confirmation of information provided by the accused. Since no money, property, or connection is posted to secure the defendant’s appearance in court, he/she faces no personal economic hardship from the conscious decision not to appear in courtroom.
How much does a bail relationship (surety connection) cost?
In Texas, the bail high quality, or fee, is normally 10 percent (at the mercy of 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.
How much of the premium 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 security of bail?
Guarantee is anything of value used to financially secure a bail bond.
What can be utilized as collateral?
Some examples of collateral include credit cards, houses, cars, boats, jewelry, or digital equipment (you get the theory).
When will security be returned by my bondsman?
Collateral is usually returned when the court has finished with the defendant’s case(s), exonerating the bail relationship(s), and when all fees have been paid.
How long does it take to be released from prison?
A couple of two types of jails – city jails and county jails.
City jails are operated by city law enforcement departments and state jails are operated by the state sheriff. After a defendant is booked into a city prison (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 and up to a day to be released on bail. We wish we’re able to speed up the process but the city and state jails operate at their own speed. Texas Bail Bonds does everything possible to expedite the defendant’s release. Let us assure you we will be with you every step of just how.