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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.  

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Misdemeanor Bonds vs Felony Bonds: The Basics 

Bail bond concept. Gavel and dollar banknotes.

Bail bond concept. Gavel and dollar banknotes.

As you may already know, the difference between a misdemeanor and a felony is crucial in determining the severity of your punishments. When most people think of the difference, they think of the jail/prison time they may accrue. However, the other element to the difference is the amount of bond and fines that can be ordered as well. In this article, we’ll discuss the way misdemeanors and felonies differ in Texas. 

Misdemeanor Fines and Penalties

In Texas, as with the rest of the country, a misdemeanor is much more preferable to a felony. A misdemeanor encompasses any crime that carries a penalty of less than a year in jail and a fine that does not exceed $4,000. Misdemeanors are split into three categories, Class A, B, and C. Class C is the most benign of the three, and encompasses petty offenses like public intoxication and disorderly conduct. Class A and B are more serious, addressing crimes like DWI and unlawful carrying of a weapon. 

You won’t get any jail time from a Class C misdemeanor, but Class B and A can come with some. Generally, the fines and bond work the same way. Class C is usually very affordable, with a Class A misdemeanor being the only way to have bond be set at $4000. 

Felony Fines and Penalties

A felony in Texas is much more serious than a misdemeanor, and that fact is reflected in the fines and penalties associated with those crimes. Just like with misdemeanors, the severity of the penalty depends on the classification of the crime. For example, a second-degree felony (like selling 30lbs of marijuana) may come with a $10,000 bond amount, while capital murder may be $500,000 or even a million dollars. A felony should be avoided at all costs, which is why strong legal counsel is a must. 

Freedom Bail Bonds Is There For You

If you or someone you know has been charged with a crime and need bail, Freedom Bail Bonds is the best in the business. We’ve helped hundreds of clients get back to their loved ones, and we can do the same for you. Contact us today to secure your freedom!

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How The U.S Bail Bond System May Change In The Future

A gavel, money, and handcuffs all sit on a table

If you read our previous blog, you’ll know that the current U.S bail bonds system is hundreds of years in the making. Ever since the 1400s (and perhaps long before that), bail bonds have been used to guarantee freedom for an individual based on the cash that they have. While we love the work that we’ve done for our community and our clients, we admit that the system is inherently flawed. Many people seem to agree, and change seems to be in the air for the bail bonds system. Here’s how the system may change in the future. 

Algorithm-based Risk Assessment

If the name sounds a bit crazy, we don’t blame you. When you hear the word algorithm, you probably associate it with a computer program or social media. But now algorithms can be used in the justice system, too. In California, the cash bail bonds system is being overhauled in favor of this new assessment, which uses various factors in your case to determine if you are likely to show up for court. This sounds good initially until you learn that judges have total discretion, so the biases against minority groups are made even worse in this system. A judge can simply claim that someone is a risk, and can hold them indefinitely. While the intent of this change is good, the implementation is very poor.

Non-Profit Support

Some non-profit groups are simply agreeing to pay bail for clients, and will work with them to make sure they go to court. This includes calling and texting clients for reminders, as well as providing transportation for those who can’t make their court date. Often, people plead guilty regardless of their actual guilt because they cannot afford bail. These non-profit organizations give individuals a chance to fight for their case, but it remains to be seen how this will expand to a national level. They have seen tremendous success though, with only 4% of people missing their court date in these types of programs. 

Best Bail Bonds in El Paso

We understand how the system can feel as though it is stacked against you. If you or a loved one is in need of assistance, Freedom Bail Bonds is there to help. Contact us today so we can get you out! 

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A Quick History Of The U.S Bond System

Vintage shackles rest on an old wooden table

For some countries, the U.S system of bail bonds may seem pretty odd. But you may be surprised to know that the system we know today got its start over a millennium ago. 

Crime in England

The practice of posting money in exchange for temporary release started in England around 1066 A.D, providing a way for people to not sit in jail while they awaited trial. Unfortunately, this practice meant that the rich had a significant advantage, since middle class and poor individuals didn’t have the capital to secure their release. Out of this need came bail bondsmen, who agreed to accept a percentage of bail and post the remainder in the charged party’s stead. Since then, bail bonds have been a way to even out the abilities of the rich and the poor/middle class to obtain temporary release. 

Bail Bonds in the U.S

Bail bonds in the U.S were a fixture of life as soon as the first English settlers arrived on the mainland. Since then, several laws were passed on the state and federal level to ensure that the disparity between different economic groups was further minimized. The world of bail bonds has undergone a number of changes, and will likely continue to change drastically in the coming years. 

Get the Help You Deserve

An arrest can turn you or a loved one’s life upside-down. If you’re in need of a bail bond, call Freedom Bail Bonds today. We understand bail bonds and can get you out quickly and back to your life.