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A Look at Felony Charges in Texas, What They Entail and Punishments 

arrested man with cuffed hands behind prison bars

Facing an arrest can be a scary proposition. There are a lot of unknowns that come with it and the idea of having to wait for your day in court behind bars is even more nerve-wracking. This is why letting a professional bail bondsman help you will not only take a huge weight off your back and your family’s back, it will provide you with the ability to seek out lawyers and continue providing for your family. There are several scenarios that a person might face when they get arrested. One of these is the possibility of serving jail time and being charged with a serious offense that qualifies as a felony.

The origin of the word “felony” has several beginnings. Felony comes from the word that means “treachery, betrayal, or deceit” or the Gallo-Roman  for ‘evil-doer.’ In early usage, “felony” was not always a criminal act but often referred to as a breach of feudal obligations between lord and vassal. It was associated more with a concept of disloyalty to the lord, but the meaning slowly shifted to something more relating to a crime that was punishable.  According to some sources, after the Norman conquest of England the previous feudal doctrine reshaped into what became English common law. As we know from previous posts, many of our laws and concepts are embedded into the justice system derived from English Common Law. In everyday vernacular, most people would associate the word with a heavier crime, or one that is punishable by time in jail or prison. 

Looking at Modern Texas Law and Felony Charges 

Things have changed some in the justice system since English Common Law and colonial times in America. The system operates under similar principles and  is today vast and complex. So let’s look at some modern terms here:

A felony is basically a type of crime. Crimes are typically considered felonies if they carry or can carry more than a year in jail.  They are considered the most severe type of criminal offense in Texas and the category is most commonly used when referring to violent criminal offenses. When it comes to non-violent felonies, it’s likely referring to one that involved a major theft or property damage. Smaller offenses then can either be classified as a misdemeanor or an infraction. 

In the state, felonies are categorized into 5 different types. 

  • Capital felony with a punishment of life imprisonment or the death penalty
  • First degree felony with 5 to 99 years  or life imprisonment 
  • Second degree felony with 2 to 20 years
  • Third degree felony with 2 to 10 years
  • State jail felony 180 days to 2 years 

The most severe type of felony and the one that carries the most possible jail time or severe punishment are the capital felonies. These are often highly profiled crimes and will typically be violent offenses. It is serious enough that if the defendant is above 18 years old, there is no possibility of parole. The justice system does not look likely on these types of crime and they seem to be the most egregious cases. Some examples of these would be capital murder or capital felony murder. A recent high-profile case in the area includes the El Paso Walmart shooting. The shooter was first indicted on one capital murder charge by a grand jury in El Paso. He was then federally indicted in 90 counts, one of which included capital murder. The state is seeking the death penalty for the shooter who killed 23 people in a local El Paso Walmart in 2019. 

First-degree felonies are still considered very severe types of crimes. Convictions can carry up to life in prison. There is a mandatory minimum of 5 years with many first-degree felony charges. Judges can also make defendants pay fines that are up to $10,000.  Examples of first degree felonies include Aggravated robbery, Arson causing death, and attempted murder. 

Second-degree felonies are the next tier below as far as serious crimes go. These types of crimes, which include manslaughter, aggravated assault, robbery, and arson, can carry up to 20 years in jail and also a fine of up to $10,000.

Finally, third-degree felonies are less severe in Texas. Fines can still be high, but jail sentences will typically be between 180 days and 2 years. Some of these will include crimes like check forgery, theft between a certain amount (2,500 to 30,000), and child endangerment. 

Depending on the degree of the charge, defendants will be allowed to go out on bail as long as they remain in the area. If you have been charged with a felony or a misdemeanor and are facing bail charges, call Freedom Bail Bonds today. We have been helping El Pasoans navigate the legal system for many years. 

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What Crime Dramas Tell About Bail: When Myth and Reality Clash

Neon Bail Bonds Service sign on a brick wall

Films depict anything from war to space exploration, to intergalactic conflicts involving intelligent lifeforms, Jedis, and spaceships, or even deep exploration of dreams and the human mind, time travel, and drama in the courtroom and prison system. How many great films have dealt with prison breaks and escapes from the law?! In reality, however, the day-to-day of the courtroom and the justice system might not be as enthralling or dramatic as depicted on the big screen. This goes for instances where films deal with setting bail. 

For many years, Freedom Bail Bonds has helped people who find themselves in a tight spot regain their freedom until they see their day in court. Our goal is simple: to facilitate someone’s release until their legal situation can be determined. Whether the verdict is guilty or not guilty is far beyond our jurisdiction. And yet, the setting of bail is often dramatized in interesting ways and has skewed people’s perception of bail amounts and how bail is set. It’s important to note that bail amounts are set by the courts, usually in predetermined amounts based on the crime. 

Let’s take a look at some famous television shows and movies that frequently deal with the bail business. 

Law and Order

With their famous opening theme, unmistakable to anyone that has ever flipped through the channel in the middle of the night, Law and Order frequently deals with bail and bail setting. For the most part, they do an okay job at not over sensationalizing it, as their goal in the show is to represent the work of law enforcement and the judicial system somewhat accurately. In a 1999 episode titled “Hunters,” two meddling bounty hunters working for a local bail bondsman get in the way of a murder investigation. Their carelessness and curiosity end up causing the deaths of two more victims. 

Bounty hunters never interfere with investigations or take part in any law enforcement other than enforcing the terms of the bail. Although it’s quite easy to vilify and depict the bounty hunter as a blood-thirsty detective, their job is pretty straightforward. 

A Time To Kill

Ah, nothing like a 90s-directed John Grisham story to get those criminal juices flowing. Grisham is very good at selling what might seem like overly-dramatic stories that tug at the emotional heartstrings. In the film, a young African American girl gets brutally attacked and raped by two white supremacists. It’s hard to forget the scene where Samuel L. Jackson rage-filled and blood boiling bursts into the court hallway where the two accused men are being led out from their bail hearing and shoot them to death with an M16 rifle. In the film, the judge also denies bail to Carl Lee Hailey, the father of the little girl.

How to Get Away With Murder

In this crime drama series, a criminal defense attorney herself is accused of murder. During the dramatic bail hearing, the defense attorney attempts to convince the judge that there was considerable evidence that other suspects were the real murders. This doesn’t normally happen in a bail hearing and also the judge denies bail here as well. 

Common Myths of Bail and Bail Hearings 

One myth is that bail is frequently denied to people. In real life, a judge can deny bail because of a few circumstances. If the judge has considerable evidence and reason to believe that the accused is a flight risk or is a threat to the public. Other circumstances in which bail might be denied include high profile major crimes or repeat offenses. 

Portraying the bail hearing as a dramatic and tense-filled moment is a favorite in tv shows and crime dramas. The truth is that most bail hearings are pretty straightforward and without much fanfare. The judge doesn’t have complete discretion over the bail amount. The amount of bail is often predetermined by law and corresponds to the kind of crime that the person is accused of committing.

The bail might be based on several other factors including the crime itself, criminal history, the age of the defendant. Most bail amounts in films and movies are often depicted in the millions. Unless it is a mega high profile case or murder case, the amount will likely be in the thousands or hundreds of thousands. To give just an example, the bail amount for something like assault in states like New Mexico and Texas can range from $2,000 to $5,000 and felony bail for theft can range from $5,000 to $20,000. 

Find a Trusted Bail Bondsman For Your Case

Here at Freedom Bail Bonds, we assist people who are struggling to meet bail amounts. If you or a family member has been arrested and is facing charges, this is a stressful time. Don’t let the movies fool you into what can be done. We can help you get your loved one out until their day in court. Call us today. 

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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.