Answers to Common Questions About Bail Bond in Texas
What is a Bond?
A Bond is what secures a person's release from jail, pending his or her day in court. When a person is arrested, a judge or magistrate will set a bond based on the criminal charge pending against the arrested person. The bond is set at a particular dollar amount which can usually be posted in one of two ways: 1. Cash; or 2. Surety. Whichever way the bond is posted, the bond acts as a guarantee that the arrested person appears in court. If the arrested person fails to appear in court as directed, the bond posted can be forfeited and that bond money goes to the court as a penalty for failure to appear.
What is the Difference Between a Cash Bond and a Surety Bond?
A Cash bond is a way to secure someone's release from jail by paying the full amount of the bond in cash. The jail or sheriff will only accept the exact amount of the bond, and generally will only accept payment made in cash, and will not accept credit cards, checks, or other forms of payment. This bond money is held by the court until the arrested person's case is disposed of, and then it is returned, minus administrative fees, to the person who paid the cash bond. If the Court forfeits the bond because the arrested person fails to appear in court when directed, that cash is kept by the Court, and none of it is refunded.
A Surety bond is another way to secure someone's release from jail by hiring someone who is authorized to post surety bonds, usually a bailbondsman or an attorney. The surety only charges a percentage of the total bond amount to post the bond, and that fee is the surety's to keep, whether the arrested person appears in court or not. However, the surety is then liable to the court for the full amount of the bond for any failure to appear in court by the arrested person.
What is the Advantage of Using an Attorney Instead of a Bailbondsman to Post a Surety Bond?
The advantage of hiring an attorney to post a surety bond instead of a bailbondsman is that an attorney can do things a bailbondsman cannot. An attorney can appear in court and help defend against the criminal charge itself. An attorney can get bonds set or reinstated when needed. Also, an attorney has higher ethical obligations to help clients as mandated by the Texas State Bar. When you hire the Law Office of David E. Cook, for legal representation on a criminal charge, all bond fees paid for bonding on that criminal charge are credited toward legal fees, so the bond ends up costing NO ADDITIONAL MONEY.
