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Know the Law: Jail Time Limitations and Traveling While on Bail

A woman's arm with a handcuff in a white backgroundFacing arrest is a scary prospect. Our justice system, however, is predicated on the idea that one is innocent until proven guilty. So much of our justice process then follows this trajectory and ensures that every defendant gets a fair trial. Before a defendant can stand in front of a judge and jury, there is a long process that has to happen. There need to be changes made, attorneys called, and prosecution cases put together. The burden of proof is more often than not on the prosecutor and given how long it can take to put together a case, a person might be waiting months before they get things settled. So as a defendant or a loved one of the defendant’s, it is important to know the law and familiarize yourself with some rules. Every state is a little bit different on this, so let’s look at some Texas regulations. 

How Long Can I Legally Be Held in Jail While Awaiting Trial?

Many people that are arrested often have this question in mind. After all, one of the most stressful times is not knowing exactly the status of your trial. There is a statutory minimum for how long a defendant can be held in jail as they await their trial. In most instances, the time limitations depend on the severity of the charges. 

The state or prosecution does not have indefinite time to prepare the case while the defendant waits in jail. If the case is not ready by a certain time, the court is forced to release defendants on several conditions until they await their trial. 

The Texas Code of Criminal Procedure Article 17.151 states several limitations. If the charges are Class A misdemeanor, the time limitation that someone can be held in jail is 30 days. If the charges are a Class B misdemeanor, then the limitation of time is 15 days from the day of detention and 5 days if the defendant faces Class C misdemeanor charges.  says that a person that is awaiting trial for a felony offense must be released on bond or by reducing the bail required if the state is not ready for trial within 90 days. 

So What Happens If the State is Not Ready For Trial 

If the court exceeds these time limitations and still has not started your trial, they will be forced to release you on bail or reduce your bail amount. Once that happens, if you still cannot afford your bail amount you have two options: you can hire a bail bondsman to help you cover the bail or you will have to agree to wait in jail until the trial date. For most people, waiting in jail for more than 30 days can be a very heavy blow. This causes people to lose jobs, strain relationships, and if the defendant has childcare responsibilities, it can make it even more complicated. 

What About Travel While I’m on Bail?

Every situation is different and while many people that have been arrested choose to stay put and work on their defense or work on their personal situation at home, not everyone is the same. Many times, people have to travel for a variety of reasons: maybe you had an important trip for work, need to see a family member, or have shared custody of a child in another city. Whatever the situation may be, if you have been arrested and are wondering whether you are allowed to travel, here’s some advice. 

It is mostly recommended that you stay put while out on bail. Part of the reason bail exists is to make sure that defendants see their day in court and do not try to flee. While it might not be in everybody’s plans to flee the country, it seems to make everybody quite jittery.  So if you cannot skip the trip, make sure you talk to your bail bondsman and ensure that you are legally allowed to do so. While you are out on your trip, you want to maintain regular contact with your bail bondsman as well, just to put them at ease that there is no intention to escape. You want to make sure they know the length of your trip, the destination, and where you are staying. 

There are two instances where travel is simply a no-no. If you have been accused of a federal crime, you should not leave your city. Federal bonds restrict defendants to a certain area and you don’t want to risk getting caught outside of it. If you have skipped bail before and have evaded court dates in the past, the judge will be much harsher and likely take away your passport to ensure there is not travel. 

Questions on Bail? Call a Trusted Bail Bondsman in El Paso, Texas

There are likely many questions you might have regarding a loved one that is facing arrest and possible bail. If you have any questions, feel free to call our office and we can help. We are here to facilitate the legal system and make it as easy as possible for defendants to continue their lives while they await their trial. 

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The Ongoing Debate for Bail and How Bondsmen Support the Accused 

At the time of this writing the United States, and the rest of the world, is embroiled in a pandemic of unprecedented proportions. The ramifications and consequences on society—both economically and socially— are yet to be fully seen. And yet, that doesn’t mean that the entire world has stopped. There are people who find themselves in a kind of limbo because they are awaiting their day in court. The debate around bail has once again surfaced during these times, as many people find themselves in difficult situations. For many people, bail bondsmen are still painted as the bad guys, but here at Freedom Bail Bonds, we have helped hundreds of El Paso residents continue with their lives as they await their day in court. 

The Origins of the Bail Them Out Concept — Aimed to Protect the Individual and Society 

Like many other traditions in the United States, the concept of bail also has its origins in the Anglo Saxon culture of England. When the United States broke from England in 1776, there was a lot that they left behind but there were also some traditions that were kept. The idea of bail was one of these and yet there were many changes to the way the English approached in comparison to the colonists. 

The question of how to ensure that an accused person remains nearby in order to undergo their trial has always plagued people. Early on in English law, the accused was required to find someone to serve as their surety. This surety would agree to pay the amount of the victim fled. Today, a surety bond, for example, is used as an agreement between three parties. If bail is a bit much for the defendant to pay, a bail agency can help you through a surety bond. The idea works in a similar way. The bail agency acts as the surety, guaranteeing that the accused will appear in court. So the difference between a regular cash bond and the surety bond lies in the fact that a surety takes into account this third party. This means that the agreement is between the court, the defendant, and the bail agent. So a typical bond might see the accused paying about 10% of the bail amount and the bondsman the rest, but the surety lies in that the bondsman is then responsible in seeing the accused appear in their court date. 

In medieval England, for example, local Sherriffs would have complete control and discretion to decide on someone’s ability to show up to court. The conditions or requirements with which a defendant could be detained or released before trial was subject to the whims of the local officials and no external data or evidence. Naturally, many local Sheriffs would abuse this power and use it for corrupt purposes. 

In 1275, with the Statute of Westminster, the discretion of sheriffs was eliminated, but they still retained the ability to decide the amount and to weigh relevant factors against the defendant. It wasn’t until the early 17th century that bail underwent its next change in England. It happened when the King imprisoned a couple of knights with no just cause or charges. This brought forth the idea that a man could not be held without trial without specific accusations. This, of course, is an important point, as it would be unthinkable today that someone is arrested and put in jail without any actual charges on the books. The requirement of early articulation of the cause for arrest, it provided a defendant with knowledge of what they were being accused of and whether they would be eligible for bail. 

The Bail System in America — The Ongoing Debate 

In colonial America, there were a lot of remnants of English law early on. Slowly, however, states began to adopt a different way of doing bail and guaranteeing more rights to the defendant. The Constitution of Virginia, for example, was one of the first to state that ‘no excessive bailout to be required.” The discretion for some crimes was left to judges and other crimes, like manslaughter were deemed to be not applicable for bail. 

And so there is an ongoing debate in America today about bail and the current bail system. Bail plays a role in the way that justice is carried out and that trials happen for accused individuals. The important thing to keep in mind is that the system is created in order to ensure that every defendant sees their day in court and that the full extent of the justice system can be enacted. After all, the United States judicial system is predicated on the idea that the individual is innocent until proven guilty. This means that the law in the U.S. put an inherent value in a person’s freedom while trying to safeguard the law. 

So the bail system works to protect the accused and make sure their lives are not interrupted as they wait their day in court. 

Get a Bondsman You Can Trust 

The bottom line is, you have rights.  The justice system guarantees a speedy and fair trial so that you can defend yourself against any charges. Sometimes this requires waiting some time for your day in court. During this time, you want to be able to continue your life as normally as possible. You don’t want to lose your job. You don’t want to leave your family. You don’t want to put your family responsibility to the side. The world continues to turn and getting a reliable bondman to help you post bail is a way to guarantee that you can continue as normally as possible until your day in court. Whether you are in need of a cash bond or a surety bond, Freedom Bail Bonds can help. 

 

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Important Facts to Know About Co-Signing a Bail Bond & More

Co-signer signs a check to bail a family member/friend/loved one out of jail!

Things happen and sometimes situations get out of our control. Many people in America have found themselves in a difficult spot when their loved one is accused of a crime and has been arrested. When your loved one or relative is in a tight spot and finds themselves in jail, you’ll likely go to great lengths to get them out. Bail bonds exist to let people out of jail while they await their trial. It’s important to be informed about the process, however, before you sign on any dotted lines. One of the frequent questions is about co-signing a bail bond. 

As we have covered in previous posts, the history of bail in the United States goes way back to the country’s early history. The eight amendment bail clause prohibits excessive bail amounts and the fundamental purpose of bail is to simply tie a defendant to his/her jurisdiction, so that they may be tried in a court of law. The idea is that since people in the United States are innocent until proven guilty, holding them in jail until their court date may cause damage to their way of life or families. The bond is a promise that they will remain in the area and will show up to court. The bond system has undergone several changes throughout the country’s history. 

Co-signing means that a person signs a promissory note or an indemnity agreement that financially obligates them to pay the full amount of the bond if the person does not appear for their court date. Once the bond has been signed, your loved one will be released pending the resolution of their court case. 

You may be required to put down some collateral. By co-signing the bail bond, you are agreeing to take on the responsibility of that bond. If the person does not appear in court when they are scheduled to appear, it might mean that you will be required to pay the amount. Because of this, in some cases, collateral may be required. This might involve tangible assets and property like cars, homes, cash, and more. This is simply a kind of guarantee to the court that if the bond forfeits, the debt will be paid.   

You have the duty to ensure the accused appears in court. By taking on the responsibility of the bail bond, you are, in fact, taking on the greater responsibility of ensuring that the accused appears in court on their given date. If the defendant does not show up to their court hearings, you could be held liable for the entire bond amount. If the person meets their requirements and shows up to their hearings and court dates, you will only be required to pay a small amount of the bond—usually about 10%. 

You do have some say about the terms of the agreement. As a co-signer, you are able to request some stipulations before signing. You can request, for example, that the defendant receives drug treatment or subject themselves to a mental health examination. You can ask that the bond be withdrawn if the defendant continues to partake in these illegal activities to which you have advised against. If these activities continue, as a co-signer, you have the ability to request the bond be canceled and the accused be returned to jail. 

You can have the accused return to jail. Just as with the above, if the accused flees or tries to avert their court date, you can inform the court of the person’s whereabouts and have them returned to jail. 

The moral of the story here is that co-signing a bail bond is no laughing matter. It is something that should be thoughtfully considered. This should be an agreement you are comfortable in doing and one where you are confident the person will fulfill their requirements. A lot of times, the emotional chaos of having someone you love in jail can cloud or disrupt this judgment. Taking on this responsibility is a big commitment. 

Requirements to be a Co-signer

Not everyone can become a co-signer for an accused. There are certain requirements that must be met by law in order to be allowed to sign on behalf of a defendant. In order to co-sign, you will have to show proof of employment, financial capability, residency, and more. The particulars of these laws might vary slightly by state. Essentially some of the main things that will be taken into consideration before a person can sign a bail bond include: 

  • Employment history
  • Criminal history 
  • Available collateral 

Find Out More With Freedom Bail Bonds

If you have a loved one that has been put in jail, give us a call. We can walk you through your options or the process of co-signing a bail bond if that is what you are prepared to do. We are happy to answer your questions. Call Freedom Bail Bonds today.

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Overview of the Bail System: How it Works and How It Can Help You

Lawyer going over contract to discuss the conditions of bail in defense of the arrested client.

The industry has seen its fair share of criticism lately. In fact, the bail system is seeing reform all over the country. We’ve written about some of these reforms in past blogs. At the same time, many people misunderstand the bail system and why it’s there and who it actually serves to protect. The fact is that many times people find themselves in trouble with the law and turn around to find their lives suddenly coming to a halt. The bail system is there to protect people from finding their lives devastated while waiting for their charges or cases to be resolved. It also acts as a kind of insurance for people to go to court. 

Let’s Cover Some Basic Ground

When a person gets arrested and/or charged for a crime or possible crime, they might be taken to jail. Before they can be committed or acquitted, however, they must go through the court system and their case must be heard in a court of law. This takes time. So in order to ensure that everybody gets the right guaranteed by the sixth amendment, they are guaranteed trial. So a person can either stay in jail until their trial comes up, or they can be released on the condition that they will return to court for the assigned court date. Remaining in jail for a couple of months is not only a nuisance to most people, but it is also a completely life-altering event. That is because it means a person will likely lose their job, might be unable to pay bills, take care of family, look out for their kids, loved ones, pets, etc. For the average person, this is simply unthinkable to simply be ripped out of your everyday life and expect things not to fall apart. The issue at hand is that if the justice system deems the person innocent, they have already lost months of their lives, their livelihood, and many times their reputation and loved ones. As a bail bondsman, we help people that cannot afford bail on their own. 

Helping The Defendant and the Court System

Our job is somewhere in the middle. If people were to sum up our jobs, we are a kind of insurance. We are a loan. And we make sure that people show up to court. When there is a bail that is of high amounts, most people cannot afford that. So we front the money for the agreement that they will show up to court when need be. If they do not, we help find the defendant and ensure that they show up to court. 

The court itself makes its assessments about who is a flight risk or not. That is really up to the judge. We are not connected to the courts in any way, per se, but we are a third party that helps defendants keep their lives together as they await their court date and also puts pressure on them to return to court when they need to show up. 

The Judge’s Considerations for Bail

The bail bondsman does not set the bail amount. It is the judge that sets this amount and decides what the defendant needs to pay depending on certain factors. These include:

  • Whether the defendant is a flight risk
  • Whether they are a possible danger to the public. 
  • The judge will consider the evidence and charges. 

Interesting Facts about Bail That You May Not Know

Even though bail bondsmen are often portrayed as the bad guy, we are really only a kind of middleman that takes responsibility for a defendant to show up to their court hearings. In this sense, we will help the justice system move along. Here are a couple of interesting facts to note about what we do here:

  • The state regulates Bond fees. The fees that come with the bonds are regulated and imposed by the state. 
  • A bail bond is a type of loan. We provide a type of loan to people that cannot afford the bail amount that the judge requires. Otherwise, defendants may have to remain in prison until their court hearing. 
  • Showing up is not always the end. Some defendants may have more special restrictions set for their bail. These may include signing up for a drug rehab program, remaining within state lines, etc. This all in addition to showing up for court. 
  • Bail bonds often accept collateral. And that collateral can come in different shapes and sizes. For people that can’t afford to take out a bail bond, there are options available in terms of collateral. This might include a vehicle, jewelry, etc. This helps secure your loan and allows you to pay your bail in order to get out of jail.

Go to a Trusted Bail Bondsman in El Paso

Freedom Bail Bonds has been providing people with bail for many years now. If you’re loved one has been arrested and is facing a bail amount, give us a call today and see how we can help you. Don’t let your life come apart before you see your day in court. 

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How Bail Bonds Work in El Paso

someone in jail gripping the barsNo one wants to spend time in jail, especially during the holiday season. If you or a loved one is in police custody, and you’ve been charged with an offense, then you don’t have to feel as if all your options have been extinguished. You have the ability of posting bail in order to get out of jail. The bail amount is determined by the judge. He or she will base the amount on a handful of factors, such as the crime’s severity or the probability of the defendant, committing other crimes upon release.

Basically, by posting bail, you would be able to get out of jail and live your life as you would normally. You will still be required to appear on your designated court date, however. Bail can range from low amounts to high amounts of thousands or even millions. But in most drunk driving cases, for instance, bail can range from $500 to $1,000 if it’s a misdemeanor offense or upwards of $50,000 for felony drunk driving. 

Helping You Post Bail

Posting bail may seem impossible, especially if it’s an amount you can’t simply procure, but this is where bail bond companies come into play. If you’re in the El Paso area and you need help posting bail, then Freedom Bail Bonds can help.

Now, you may be asking yourself how exactly do bail bond companies work? In general, bail amounts are simply too high by most people’s standards. A bail bond company, however, can basically post bail on your behalf so you’ll be able to walk free from jail. The way this works is quite simple. Bail bond companies charge a nonrefundable fee of 10 or 20 perfect the bail amount. So, let’s say your bail was set at $1,000 and the bail bond company you choose charges a 20% fee, you will only have to pay $200 out of your own pocket while the bail bond company pays the rest of the bail on your behalf. But that’s not the end of the story.

Now this second part is where it gets a bit tricky. After you pay your percentage, you’ll be required to sign a surety bond which basically makes you liable for the full bail amount if you fail to appear in court for your appointed court date. This is basically the collateral required for the bail bond company to do its part in helping you to get out of jail. So, as long as you appear on your appointed court date, you’ll have nothing to worry about in terms of bail. Sure, there’s still the whole issue about your alleged offense and the potential sentence you may or may not face, but that’s all further down the road. Our main goal is to get you out of jail upon your arrest.

If you’re spending time in jail, maybe a week or two, for driving under the influence and it’s your first offense, then the legal ramifications might be much more lenient than if this were a felony DUI charge. But those are the details you’ll go over with your lawyer at a future date. Freedom Bail Bonds is focused on helping you get out of jail so you’ll be able to live your life with your family, not in jail. 

Many people get pulled over for drunk driving, especially during the holiday season. New Year’s Eve is unabashedly known for its copious amounts of drinking. It’s also a night for celebration which means there are countless parties taking place all across the city. If you were invited to three parties and you had a few drinks at the first one, you might get pulled over while on your way to the next party. Or you might find yourself driving the same road where a DUI checkpoint is taking place. 

Freedom Bail Bonds is Ready to Help

Whatever your situation may be, it’s necessary for you to have the knowledge that Freedom Bail Bonds will be there to lend a helping hand. Paying whatever amount of bail out of your own pocket may not seem feasible but paying a small percentage for the same outcome is very much doable. If you or a loved one requires bail assistance, we can help. Contact Freedom Bail Bonds today. Or simply save our number in your phone book so you’ll be prepared if the moment ever arises.