If you've been arrested in Texas, then one of the first things you
may have to deal with is your bail bond. Most people understand that "bail"
is a certain amount of money you can pay to be released from jail, but
many accused of crimes are unaware of the purpose of bail bonds, the process
of posting, and the different types possible once they've been arrested.
The Purpose of Bail
The biggest misunderstanding about bail is that bail is punitive. Bail,
however, is not a fine that it is paid by the accused to get out of jail
and resolve their case. Instead, the bail system is used to provide incentive
to accused individuals so that they return to court at a later date to
participate in their trial.
That is why bail is always a factor before an actual trial. Any bail that
is paid is refunded to the person who pays it if/when the accused returns
to court for their trial.
The Process of Setting Bail
Once you have been arrested, taken into custody, booked and processed by
police, you will be scheduled to see a magistrate (or a judge). That judge
will determine if your alleged offense is serious enough to disqualify
you from bond or, if it does not, set the amount of bail needed for release
while you await further court dates.
Three Types of Bonds
If the magistrate decides that you qualify for bond and sets bail, then
there are usually three different options to satisfying that bail and
getting your freedom back.
Personal bond. Personal bond is basically a verbal promise from the accused to attend
all future court hearings related to their case. This is not especially
common, but can occur when the accused has little to no criminal record
and the alleged offense in question is fairly minor.
Cash bond. Cash bond is paid when a family member or loved one pays the bail amount
for the accused.
Surety bond. This kind of bond is paid by a bail bondsman. Bail bondsmen pay for an
individual's bail by charging a lesser fee. Ideally, bondsmen get
their bail money back when the accused later attends court but, if they
do not attend, bondsmen may take action—like hiring a bounty hunter—to
bring the accused back to jail.
Has one of your loved ones been arrested? Then the time to start considering
your defense options is now. At
The Law Office of Jason Luong, PLLC, Attorney Luong is a former award-winning prosecutor who now uses his
unparalleled legal insight to advocate for the accused. He ensures that
the state's case against his clients is effectively countered and
that every avenue towards a dismissal or reduction is aggressively pursued.
Get a proven Houston criminal defense attorney on your side today.
Contact our firm today.