How does bail work?
When an individual is arrested for a crime in the State of Texas, typically see your face will be studied to a local law enforcement place for booking, prior to incarceration in a station lock-up or county jail. 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 looks of a accused in court at the time aimed by the judge.
What are the release options if someone is arrested?
There are three basic release options available.
The three options are:
- Surety Bond
- Cash Bail
- Release on Own Recognizance (O.R.)
An alternative to cash bail is a surety bond. This process requires a contractual executing guaranteed by an admitted insurance provider having adequate property to satisfy the facial skin value of the relationship. The bail agent guarantees to the courtroom that they will pay the relationship forfeiture if a defendant fails to appear for their planned court appearances. The bail agent’s promise is made through a surety company and/or by pledging property possessed by the bail agent.
For this service, the defendant is charged a premium. By involving the family and friends of the accused, as well as through the acceptance of collateral, the bail agent can be reasonably guaranteed that the defendant released on the surety bond can look at all of his/her court appearances.
Following this procedure is completed, the bail agent will post a bond for the entire 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 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 defendant and bring him/her to courtroom.
What is Cash Bail?
Cash bail means a person must supply the court or jail the total amount of the bail in cash. The money will be kept by the court until the accused appears at most of his/her courtroom cases and the situation is concluded. Full cash bonds give a powerful incentive for the accused to appear in court. If the defendant appears for most of his/her scheduled court appearances, the cash bail should be returned.
What is Release on Own Recognizance (O.R.)
Another method of release pending trial is through a pre-trial release program administered by the county or a police agency. Usually, the employees of these programs interview defendants in custody and make recommendations to the court regarding the release of individuals independently 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 tries to determine whether the detainee will probably appear in court. There is usually no verification of information provided by the accused. Since no money, property, or bond 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 court.
How much will a bail relationship (surety bond) cost?
In Texas, the bail high quality, or fee, is typically 10 percent (subject to a minimum superior and underwriting criteria) of the full bail amount. For instance, if the bail amount is $10,000, the high quality billed 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, houses, cars, boats, jewelry, or electronic equipment (you get the theory).
When will collateral be returned by my bondsman?
Security is usually returned when the courtroom has finished with the defendant’s case(s), exonerating the bail bond(s), and when all fees have been paid.
How long does it take to 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 region sheriff. After a defendant is booked into a city jail (i.e., fingerprinted, photographed, warrants examined, etc.), it typically takes anywhere from a quarter-hour 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 or more to a day 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 pace. Texas Bail Bonds does everything possible to expedite the defendant’s release. Why don’t we assure you we are by your side every step of just how.