How does bail work?
When an individual is arrested for a criminal offense in the State of Texas, typically that person will be studied to a local law enforcement place for booking, 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 or her case. Bail was created to guarantee the appearance of a defendant in court at the time aimed 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 entails a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the facial skin value of the connection. The bail agent warranties to the court that they will pay the relationship forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent’s assurance is manufactured through a surety company and/or by pledging property possessed by the bail agent.
Because of this service, the accused is charged a premium. By relating to the relatives and buddies of a defendant, as well as through the acceptance of guarantee, the bail agent can be fairly assured that the accused released on the surety bond can look at all of his/her court appearances.
After this procedure is completed, the bail agent will post a bond for the entire bail amount, economically guaranteeing the defendant’s return to court as scheduled.
With money at risk, the bail agent has a financial desire for supervising bailees and making certain they appear in court each and every time the court orders them to appear. If the defendant does not come in courtroom (skips), the bail agent has time and the financial incentive to get the defendant and bring him/her to courtroom.
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 kept by the courtroom until the accused appears at all of his/her court cases and the situation is concluded. Full cash bonds give a powerful incentive for the accused to appear in court. If the accused appears for all of his/her planned court appearances, the money bail should be came back.
What is Release on Own Recognizance (O.R.)
Another method of release pending trial is through a pre-trial release program administered by the state or a police agency. Usually, the employees of the 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 guarantee the defendant’s return).
The interview process is often conducted over the telephone, usually with little inquiry in to the defendant’s background. The interview process attempts to determine if the detainee will probably appear in court. There is certainly usually no confirmation of information provided by the defendant. Since no money, property, or relationship is published to secure the defendant’s appearance in court, he/she faces no personal financial hardship from the conscious decision never to appear in courtroom.
How much will a bail relationship (surety relationship) cost?
In Texas, the bail superior, or fee, is typically 10 percent (at the mercy of a minimum premium and underwriting criteria) of the entire bail amount. For example, if the bail amount is $10,000, the high quality charged is $1,000.
How much of the high quality am i going to get back?
Typically the 10 percent premium is fully 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 collateral of jail release?
Security is anything of value used to financially secure a bail bond.
What can be used as collateral?
A few examples of collateral include credit cards, houses, cars, boats, jewelry, or digital equipment (you get the idea).
When will guarantee 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), so when all fees have been paid.
How long does it take to be released from prison?
You will find 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 county sheriff. After a defendant is booked into a city jail (i.e., fingerprinted, photographed, warrants checked, etc.), it normally 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 usually takes from 2 to 8 hours and up to 24 hours to be released on bail. We wish we’re able to speed up the procedure but the town and state jails operate at their own speed. Texas Bail Bonds will everything possible to expedite the defendant’s release. Let us assure you we are by your side every step of just how.