Getting out on Bail in Texas

Getting out on Bail in Texas

Adrianna Ngo
 | 

As stated by the American Bar Association, bail is “the amount of money defendants must post to be released from custody until their trial.”

 

The purpose of bail is to ensure that defendants will show up to court and not disappear. 

 

In a way, posting bail is an incentive for defendants to show up for trial because at the end, bail is returned to the defendant.

 

The amount of bail that is set for each defendant is different and determined by a variety of factors. For example, judges take into consideration the type of crime that was committed, the risk of the defendant fleeing, and the safety of the community itself.

 

Overall, there is no set bail and it’s mainly based on the defendant and the crime committed.

 

What about bail in Texas?

 

The state of Texas practices a cash bail system.

 

This means that if you are contained for a crime, you will most likely have to post bail in order to be released prior to trial. 

 

Sometimes judges may release defendants on a personal bond. A personal bond is a sworn agreement by the defendant promising that they will return to court. Judges determine who is able to receive a personal bond based on the circumstances of the crime and the criminal history of the defendant. 

 

However, there is a catch with personal bonds. No money is required at the time of release, but once you are released under a personal bond, you usually have to pay 20% of what your bail amount would be as an administrative fee.

 

If you have to post cash bail but you do not have the money to do so, do not worry because there are other actions you can take.

 

For example, the American Bar Association advises to make arrangements for your release through a bail bondsperson if you cannot pay the fee.

 

A bail bondsperson will post your bail in exchange for a non-refundable premium.

For Texas specifically, this
premium is capped at 15 percent. 

 

Bail can be very expensive, so this method of posting bail occurs quite frequently.

 

Additionally, in some Texas Counties there exists attorney bonds. Attorney bonds occur when your attorney secures a bail bond on your behalf and you pay them approximately 10 percent your bond amount. If this goes through, you will be released prior to trial.

 

This is different from obtaining a bail bondsperson because the attorney that will be posting your bail must be the attorney that is representing you and your case.

 

Sometimes an attorney bond is more advantageous than pursuing a bail bondsperson. Oftentimes, court attorneys will allow defendants to use the 10 percent payment towards legal counsel fees.



This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps. 
Adrianna Ngo

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