The Texas Bail Bond Process and What Happens After You Post Bond
After being charged with a felony in Texas, you will enter a confusing criminal justice system of court hearings. The first hearing you will be required to attend will be your arraignment hearing, which will be scheduled within 72 hours of your formal booking. You will be offered the opportunity to hire your own defense lawyer or obtain the services of a public defender, appointed by the court.
The arraignment is your opportunity to enter a formal plea to the charges. You will enter a plea of guilty, no contest or not guilty, or choose to stand silent. If you choose to remain silent, the court will enter a plea of not guilty on your behalf. After you've entered a plea of not guilty or stood silent, your attorney and the prosecutor will present arguments for the amount of bail to be set. In most cases, your attorney will argue for release on your own recognizance, or minimum bail.
Your attorney will present evidence in your favor, including your job, your family, your previous clean record and your standing in the community. The prosecutor, on the other hand, is likely to argue for a higher bail amount, on the grounds that it will ensure you do not skip out on future hearings. If you are released on your own recognizance, it means that the courts feel it is sufficiently safe to assume that you will appear at all required hearings and trial.
What Is Bail?
Bail is simply a way the courts have of making you use your own financial resources as assurance that you will appear at all future court dates. When the bail amount is set, for example $10,000, you have the option of paying the entire amount out of your own financial resources or securing a bond through a licensed bail bondsman or a lawyer who is authorized to set up a special collateral account.
Choosing a Bail Bondsman
A bail bondsman is in the business of risking his own financial resources in the form of a bond, gambling that you will progress through the court system without "skipping bail." As his fee, you will generally be required to pay a percentage, typically 10 percent, of the bail amount. At the conclusion of your criminal case, the court returns the unredeemed bond and the bail bondsman keeps the percentage you paid him. In this example, meeting a $10,000 bail would require you to pay a licensed bondsman $1,000 upfront, which he would keep as his fee.
Choosing a Law Firm Authorized to Handle Bail Bonds
You also have the option of hiring a defense attorney who is authorized to provide a bail bond, at a set fee, rather than a percentage of the bail. The law office of David E. Cook is an authorized bail bond law firm. You pay a portion of the bail amount and we put up our own security on your behalf. The money you pay goes into a special collateral account, to hold and use if you skip bail. Bail bond service through your attorney offers convenience and savings.
Work With an Experienced Lawyer Who Can Serve as Your Bondsman, Too
Learn more about how we can help you with your criminal defense needs and the bond process. Schedule a free consultation with an experienced Fort Worth criminal defense lawyer. Contact us by calling 817-545-3309 or reach us by e-mail to set up an appointment.
