Most people know little about bail bonds because most people haven’t been arrested and taken to jail. According to PolitiFact, which analyzed U.S. Census Bureau and Federal Bureau of Investigations (FBI) data, about one-third or 29.5% of the U.S. population has an arrest record. Most of these crimes fall into the category of misdemeanor or felony moving violations, such as driving under the influence (DUI), or property crimes, such as vandalism or burglary. This blog considers what to do when a family member or friend gets arrested.
If your family member or friend has been arrested and charged with a crime, they will go to court for a bail bonds hearing. At this hearing, the court sets the type and amount of bail. In some cases, the court requires only a signature on a contract for the person’s freedom, but other bails require large sums of money.
Some individuals who commit non-violent crimes may receive a bail of personal recognizance (PR), which means the court allows the person to sign an agreement stating that they will return to court for future hearings and will not leave town. This personal promise written into a contract with the court provides them their freedom until their hearing.
Other bail hearings may result in a bail set for a monetary amount. For example, if a judge sets an individual’s bail at $50,000, the individual or their representative must provide to the court the money or collateral equal to that amount. Most people don’t have these exorbitant amounts of cash at their disposal, so they turn to a bail bonds company.
When deciding whether to award a bail of personal recognizance or monetary bail, the Texas courts consider the following seven factors enumerated in the Texas Code of Criminal Procedure, Article 17.15. 1.The bail conditions sufficiently ensure compliance. 2.Bail won’t be used as “an instrument of oppression.” 3.The type of crime committed. 4.The ability of the individual to make bail. 5.The future safety of the victim and community. 6.The individual’s criminal history. 7.Citizenship of the individual. Considering all of these factors together, a judge sets bail.
Texas law also provides bail reductions or personal recognizance release when the state experiences delays in providing a speedy trial. This bail redress provides fair, temporary release of the accused and reduces overcrowding in the state’s prison system. Let’s consider the conditions under which a person can request a reduction of bail or PR.
The person requesting reduced bail or release on PR must not already be imprisoned for another crime, detained for another criminal charge, incompetent to stand trial, or detained for violation of another bail agreement.
Even if some bails get reduced in amount, they can prove insurmountable for a family or individual to afford. Many people turn to a bail bonds agency, a company that accepts a percentage of the bail or piece of collateral in exchange for paying the bail to free an accused person. The bail bond company returns the collateral to the person who signs the bail bonds agreement when the accused reports to the court to stand trial.
If the accused skips out on their bail, meaning they leave town and do not show up for court, the person who placed the collateral could lose the item. They can keep their collateral if a bail bonds enforcement agent or police officer apprehends the accused, and they then stand trial for the crime. Most individuals show up for court, so this happens infrequently despite what TV shows.
Have you or a family member been arrested in Texas? Contact Benton Baker IV, Attorney at Law, an experienced, aggressive attorney serving Montgomery County and Greater Houston with 22 years of experience. Call our Conroe, TX, office at (936) 494-2444 for a criminal law consultation and help navigating the bail process. Let us help you.
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