As a Former Prosecutor who now represents good people facing criminal charges, we often get questions about bail and bail bonds when someone's friend or family member has just been arrested. When arrested in Austin, Texas, you generally have a right to bail, and for that bail amount to not be excessive according to the Texas Constitution - Article 1.
What is a Bail Bond in Texas?
A bail bond in Austin or anywhere else in Texas is just a written agreement to appear and answer a criminal allegation by the defendant or person accused. It is a type of security for a debt. This is simply how you get released from custody after being arrested on a charge. To secure your appearance at court, a judge may impose, as a condition on your bond, any reasonable condition relating to the safety of the community or alleged victim.
Types of Bail Bonds in Texas
A Cash Bond is where the defendant deposits money with the county to be held as a promise to appear in court. If the bail amount is $10,000, $10,000 would be posted as a Cash Bond for a person to make bail and be released from custody. The money posted as a cash bond will be returned when the case is over, less the 5% fee the county charges.
A Surety Bond is where you hire a bondsman or a company in the business that charges you a fee, and then they sign and agree to act as a surety and assume responsibility for the bail amount and as collateral to guarantee that you will show up for your court date.
Personal Recognizance Bond – A PR Bond is just a promise to appear. Without depositing any money or hiring a surety to pay the bail amount if you fail to appear, you simply sign an agreement and promise to appear. If a person is released on a PR Bond and fails to appear, they must pay the Bail amount. However, there is no money held as security or collateral with a PR Bond. PR Bonds are typically reserved for people who have strong ties to the community, such as living and working in the community for a long period of time, and no real concern that they will not show up for court.
When Is Bail Set?
After being arrested and processed a person will see a magistrate “without delay and no later than 48 hours. The magistrate will decide the bail amount and include any conditions they feel are appropriate.
How are Bail Amounts Set?
The law provides some guidance:
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Bail must be set sufficiently high to give reasonable assurance that the promise to appear will be complied with
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The amount of bail must not be used as an instrument of oppression
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The nature of the offense and the alleged circumstances around such are considered
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A person's ability to make bail or afford the bail amount is to be considered in setting the amount.
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The safety of the community and/or victim is to be considered.
Since you are on our website, either you or a close friend may likely be in a bad situation. Know that we can help. If you have a warrant for your arrest, or if a close personal friend or family member was just arrested, it is important to call our office today at 512-489-9274, and we can talk about bail and other important decisions.
Can Bail Be Denied in Certain Cases in Texas, and What Are Those Cases?
In Texas, bail can be denied in specific cases based on the criminal history of the person accused or the nature of the crime. For instance, in felony cases or those involving a misdemeanor involving moral turpitude, the judge may deny bail to ensure the safety of the public or to prevent the defendant from fleeing before their court date. Additionally, if the criminal charges involve violent conduct or if a warrant was issued after a prior failure to appear, bail may also be denied.
When it comes to the basics of bail in Austin, Texas, there are various forms of bail, including cash bonds, personal bonds, and surety bonds. A bail bond surety or bail bondsman can assist in executing bail bonds by offering financial guarantees for release. However, if the district attorney presents sufficient evidence, a judge sets bail high or may not allow bail at all, especially in dangerous cases.
The county bail bond board, Travis County Pretrial Services, and other entities like municipal court and district court oversee bail proceedings in Austin. Bail can also be denied if the conduct involved in the crime is especially egregious or if funds deposited by the defendant or their representatives cannot be validated by the district clerk or corporate surety.
Personal recognizance bonds (PR bonds) are typically granted to individuals deemed low-risk, but for unqualified applicants with extensive criminal histories or those involved in organized crime, bail is often denied. In such cases, even if a bond is executed or a cash bond is available, the municipal judge or county judge can refuse bail, ensuring that the person accused remains in the county jail until their court hearings conclude.
Jason S. English has been recognized as one of the top Criminal Defense Lawyers in Austin.
Jason S. English Has Been Recognized as One of the Top Criminal Defense Lawyers in Austin
Jason S. English is an award-winning criminal defense lawyer.
If you have an arrest warrant for you in Austin, you need the right lawyer to help you and protect your future. No one calls us because they have a warrant out. They call us because of what the arrest can do to their future. Jason S English Law, PLLC handles misdemeanor and felony criminal cases as a part of its practice - we know how to prepare your case to meet your goals. Call now at 512-489-9274 to get the help you need for you and your future.
