How does bail work?
When a person is arrested for a criminal offense in the State of Texas, typically see your face will be taken to a local law enforcement place for booking, prior to incarceration in a train station lock-up or county jail. Once caught and booked, the defendant has several options for release pending the final outcome of his or her case. Bail is designed to guarantee the appearance of a accused in court at that time directed by the judge.
What are the release options if someone is arrested?
You will find 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 entails a contractual executing assured by an admitted insurance company having adequate possessions to satisfy the face value of the relationship. The bail agent warranties to the court that they will pay the relationship forfeiture if a accused fails to show up for their scheduled courtroom appearances. The bail agent’s warranty is made through a surety company and/or by pledging property owned by the bail agent.
For this service, the defendant is charged reduced. By involving the relatives and buddies of the accused, as well as through the acceptance of guarantee, the bail agent can be fairly guaranteed that the accused released on a surety bond can look at most 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 come in court each and every time the court orders them to seem. If the defendant does not come in court (skips), the bail agent has time and the financial incentive to find the accused 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 court 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 planned courtroom appearances, the cash 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 the programs interview defendants in custody and make suggestions to the court about the release of people independently recognizance (i.e., without any financial security to guarantee the defendant’s come back).
The interview process is often conducted over calling, usually with little inquiry in to the defendant’s background. The interview process attempts to determine whether the detainee will probably appear in courtroom. There is usually no confirmation of information provided by the defendant. 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 never to appear in court.
How much will a bail relationship (surety connection) cost?
In Texas, the bail premium, or fee, is normally 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 superior billed is $1,000.
How much of the high quality will I get back?
Typically the ten percent premium is completely earned once the bail bond is posted with a jail or court. That’s how bail agents and their surety companies make their money and pay their expenses.
What is guarantee of jail release?
Guarantee is anything of value used to financially secure a bail relationship.
What can be utilized as collateral?
Some examples of collateral include credit cards, houses, cars, boats, jewelry, or digital equipment (you get the idea).
When will collateral be returned by my bondsman?
Guarantee 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 does it try be released from prison?
There are two types of jails – city jails and county jails.
City jails are operated by city law enforcement departments and region jails are operated by the state sheriff. After a accused is booked into a city prison (i.e., fingerprinted, photographed, warrants checked, etc.), it normally takes anywhere from quarter-hour to 1 one 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 a day to be released on bail. We wish we’re able to speed up the process but the city 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 will be by your side every step of just how.