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How to Navigate the Bail System for Different Types of Crimes

A graphic of a silhouette of a man in a jail cell in El Paso.

Sometimes, certain decisions don’t always result in how we expect them to, and in some scenarios, that decision may result in an arrest. However, that doesn’t mean there isn’t a path forward. 

Fortunately, with the help of El Paso bail bond companies like Freedom Bail Bonds, we help individuals navigate the complex legal system by offering bail bonds for varying types of crime. Contact us online or call (915) 887-9293 to learn more.

State Jail Felonies

State Jail Felonies are serious offenses with bail amounts set accordingly. This includes aggravated assault, check forgery, child custody interference, burglary, and more. Individuals charged with this crime may face higher bail requirements, resulting in them referring to bail bond companies in El Paso that can offer cash or surety bonds for their safe return home.

Second and First-Degree Felonies

Felonies are categorized into different degrees based on severity. For instance, Second-Degree Felonies include robbery, manslaughter, stalking, human trafficking, and aggravated assault, too. Whereas for First-Degree Felonies, some examples include murder, arson, aggravated robbery, and aggravated kidnapping. When bail amounts are set high, El Paso bail bond companies may recommend property or secured bonds, which use collateral such as real estate to secure a defendant’s release.

Third-Degree Felonies

While Third-Degree Felonies are less severe, they still carry significant consequences. Common Third-Degree arrests include stalking, theft of trade secrets, assault, tampering with evidence, and drug possession.

Misdemeanors (Class A, B, C)

A misdemeanor refers to minor wrongdoings, making these crimes less serious than the ladder, but they still warrant the attention of the legal system. Class A misdemeanors typically have higher bail amounts than their counterparts and include crimes such as resisting arrest, theft, indecent exposure, and alcohol offenses. 

Class B includes criminal trespass, intentionally lying to the police, failure to pay child support, and prostitution.

Class C includes disorderly conduct, criminal trespassing, petty theft, passing bad checks, and public intoxication.

Bail bond companies may recommend unsecured bonds, where no collateral is required, and citation release, allowing individuals to be released without posting bail but with a promise to appear in court.

El Paso’s Highly Rated Bail Bond Company

If you or a loved one is facing arrest, Freedom Bail Bonds can help. Call (915) 887-9293 for further assistance.

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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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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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A Look at the Texas Cash Bail Reform Efforts and What They Mean

 

As we discussed in one of our recent posts, there has been a lot of talk recently regarding the cash bail system and an attempt by states and localities across the country to do away with the current system or reform it. Because of all of this discussion, there is a lot of doubt out there about what has changed or what will change. While legislation seems to be in the works, we are keeping an eye on this to ensure that we are informed about any changes.

The Conversation After a Tragic Case

Talk of criminal justice reform has been on the agenda of politicians for many years now. We discussed not long ago the legislation signed by President Trump on the matter. Lumped in with many of these demands for change in the criminal justice system, is the questioning of the effectiveness, and in some cases, the constitutionality of the bond system as it stands.

In Texas specifically, the prompt to change the bail laws came when a state trooper was shot to death in his patrol car in November of 2017. Damon Allen, a husband, and father, was a trooper on duty one November night when he conducted a routine traffic stop. It was here that he confronted, DaBrett Black who shot the officer. Early that year, Black had led police on a wild chase ending it when he finally rammed into a police car on purpose. Black had apparently a history of committing violent acts against law enforcement. It was in 2015 as well when Black had another run-in with police but was released on bail. The judge that let him go claimed that he was not aware ‘of any previous conviction.’

The Damon Allen case is obviously a tragedy and a case that seems to have fallen through the cracks. The previous conviction might have changed the outcome of that judge’s decision. After the death of the Texas Trooper, his wife paid a visit to Governor Abbott’s office and prompted him to announce intentions of seeking reform on the system.

The governor took a look at the Allen case and recognized where the flaw may have occurred, proposing that there be more of a risk assessment system where the decision of being released rests on the information of criminal past, prior convictions, previous failure to appear in court, etc. The proposed new systems, if implemented correctly that is, would make it harder for defendants with long criminal records or those being accused of committing more severe crimes, to get out before their trial. At the same time, it would allow people with no criminal records, younger defendants, etc, to be released. The argument is that many people stuck in jail that cannot make bail often take guilty pleas in order to get out of jail.

Proposed Legislation Being Discussed Back and Forth

The proposed legislation would be called the Damon Allen Act, after the deceased trooper. On the local level, some of these new laws are already being implemented and tried in individual counties. Harris County, located on the Southeastern part of the state of Texas, has already decided to end cash bail for all misdemeanor offenses. This makes exceptions, however, for domestic violence arrests or repeated DWI arrests and violations. The law wouldn’t necessarily impede judges from making decisions about bail, but rather setting the amount based on more wide-ranging information about the kind of life and criminal past the defendant has lived before the present accusation.

Of course, the future of these laws is still up in the air and the industry we are in finds itself in the middle of this discussion without much to say about it. The cash bail system today allows for people awaiting trial an opportunity to get out of jail by posting an amount that the judge decides. In most cases, this allows for people to move forward until they receive their day in court.

The flux of these policies has caused a lot of uncertainty, but we continue to provide services to people of El Paso County who need to post bail in order to get out and prepare their defense, gather evidence, or take care of their families and mortgages. If you have recently been arrested or have had a loved one arrested in El Paso County give us a call and we will answer any questions about the current changes, our services, and more.