Understanding Bail Bonds and Pretrial Release in Texas

 Posted on April 12, 2024 in Criminal Law

The bail bond process is complex and requires understanding to navigate properly. Knowing your rights regarding pretrial releases for the crime you are being charged with is important, and having a Texas lawyer on your side can benefit the outcome.

What Are Bail Bonds?

When an individual is arrested, they can be granted bail, a sum of money paid to the court to ensure their appearance at future proceedings. If the defendant cannot afford the total amount of bail, there is assistance from a bail bondsman. The bondsman will charge a non-refundable fee (usually 10% of the total bail amount) and post the bond on the defendant’s behalf.

Texas provides various bail bond options, such as cash bonds, surety bonds, personal recognizance bonds, and property bonds. The type of bond used will depend on the defendant’s financial situation and the court’s discretion.

What to Know About Pretrial Release Options

Texas offers pretrial release options for defendants. These include personal recognizance (PR) bonds, where the defendant is released without paying a bond; conditional release, where the defendant must comply with specific conditions; and pretrial supervision, where a pretrial services agency monitors the defendant.

The court evaluates multiple factors when setting bail amounts and deciding on pretrial release. These include the severity of the alleged crime, the defendant’s prior criminal record, community connections, the likelihood of fleeing, and the possible threat to public safety.

Navigating the Bail Bond Process

When using a bail bondsman, the process involves:

• Contacting a licensed bondsman.
• Providing necessary information about the defendant and co-signer.
• Paying the non-refundable fee.
• Ensuring the defendant appears at all required court proceedings.

The bail bondsman will then post the bond, securing the defendant’s release.

Consequences of Failing to Appear

If a defendant is released on bail or pretrial release and fails to appear in court as required, they may face serious consequences. A warrant will be issued for their arrest, and law enforcement will actively seek to take them into custody. The bail amount paid will be forfeited, meaning that the money will not be returned, even if the defendant is later found not guilty or the charges are dropped.

Contact a San Antonio, TX Criminal Defense Lawyer

Consulting with a San Antonio, TX, criminal defense attorney is essential when facing criminal charges. Legal representation through the bail bond process means you can advocate for favorable pretrial release conditions and build a strong defense strategy to protect your rights and future. Call Law Offices of Sam H. Lock at 210-226-0965 for a private consultation.