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Bail Bonds in Texas — Your Go-to Guide

Bail bonds superimposed over an image displaying a gavel, handcuffs, and two 100 dollar bills

Many people accused of crimes in El Paso are stuck in jail pending their trial because of high bail bond amounts. More often than not, this is because the individual cannot afford the bail. The creation of the bail system is not to punish a person for not being financially stable. In fact, the law allows an accused to hire a person to pay the bail bond.

If you’re in El Paso and require bail bond services, give us a call at (915) 877-9293!

What is Bail?

Bail is the release of a person who is in custody awaiting a court hearing or trial either on self-recognizance or on specific conditions such as the payment of a sum of money to the court and the promise to be available in court when required. 

What is a Bail Bond?

A bail bond or a surety bond is the amount of money agreed to be paid to the court to effect the release of a person in police custody. 

The bond could either be provided for by:

  • The suspect
  • A bonding company
  • A bail agent
  • A bail bondsman

When a suspect cannot afford to pay the bail sum, they can employ the services of a bonding company or bail agent who will act as a surety and provide money to the court for the person’s bail. 

Key Things To Know About Bail Bonds

While the bail bond system is not legal in most jurisdictions, El Paso, TX—like many other cities in the United States—allows the use of bail bonds as a recognized means of securing the release of a jailed person. 

Usually, most bail bond agents will charge defendants a non-refundable fee of 10-15% of the bond sum as compensation in exchange for paying the full bail amount to the court.

Since the bail agency will be posting the entire bail amount and will bear the loss if the accused person fails to appear in court for the trial, some will require additional collateral, especially if it is a hefty bail sum. The collateral could be items of value or having a notable guarantor sign to bear any cost that may arise from the accused persons’ breaching the bail terms.

After the trial, the court will return the money to the bond’s payer; if you posted bail personally, you get all your money back. If you used a bonding agency, the court returns all the money to the agency; even if you obeyed all the bail terms, the 10% deposit could not be returned to you because it is payment for the bail agent’s services.

How the Court Decides the Bail Sum

Every El Paso, Texas trial court has a “bond schedule.” This schedule is a compass for all magistrates and judges in determining the appropriate bail amount. However, the schedule is merely a guideline; hence, individual judges and magistrates can tweak or adjust the bail sum either upward or downward based on the specific circumstances of a case.

Factors that can influence the courts when fixing the bail amount include the following:

  • The severity of the offense charged; typically, a felony will attract a higher bail sum than a simple misdemeanor.
  • The prior criminal convictions of the defendant; a repeat offender will get a higher bail sum than a first-time offender
  • The bail amount might be higher if the person was out on a bail term before the rearrested for another offense.
  • The bail bond may be higher if the defendant is on probation due to a conviction for another criminal act.
  • The bail bond may be higher if the defendant is considered a threat to the community.
  • Whether the defendant is presumed to be a “flight risk,” that is, the prosecutor can show the court that the defendant would possibly jump bail. 

What Happens When a Person Fails to Follow the Bail’s Bond?

A bail bond does not translate to an unconditional release from jail. Hence, a person released on bail or personal bond must meet certain conditions in the bail order to stay out of jail through the trial. 

When a defendant breaches any of these conditions, such as “skipping or jumping bail,” the court will issue a bench warrant for their immediate arrest. Also, you will forfeit all the money you posted as the bail sum with the court if you do not get any back. If you took out a bail bond, the surety will lose its money and try to recover it from you.

Bail Bonds in El Paso, Texas Today

If you or someone you know has been granted bail for an amount they cannot produce by a court in El Paso, you can reach out to Freedom Bail Bonds. When you employ the services of freedom Bail bonds, you have the assurance that they will take swift actions to secure that release, and they will not spend a moment longer than necessary in jail. 

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Don’t Be Caught Unawares: 7 Crucial Things To Know About Bail Bonds

Bail bond system, bailing out of jail and innocent until proven guilty conceptual idea with judge wooden gavel, dollar banknotes and handcuffs with copy space

More than 10 million people are arrested each year nationally. If you or a loved one find yourselves among these numbers, you may consider a bail bond as a way to get out of jail. However, you should know a few things before choosing to use a bail bond.

1. Bail Bonds Aren’t a Get Out of Jail Free Card

Some people look at bail bonds as a get-out-of-jail-free card. It’s a common misconception that you can post bail using a bond and never worry about your arrest again. However, this is far from accurate.

For starters, the bond will need to be paid back. In addition to the total amount of your bail, there may be additional fees. Everything must be paid in full, according to the agreement between you and the bond company.

Additionally, there may be non-monetary requirements that have to be met. These usually depend on what you were arrested for. A few examples include:

  • Attending a drug education or rehabilitation program
  • Attending domestic violence or anger management classes
  • Not possessing a firearm
  • Maintaining gainful employment

2. Bail Fees Are Pre-Determined

It isn’t just a random number thrown out there when your bail is set. Instead, bail fees are calculated using pre-determined amounts that consider numerous factors.

A few examples of factors that affect bail fees include:

  • The crime committed
  • Prior convictions
  • Your determined flight risk
  • The severity of the crime

3. Bail Bonds Aren’t a Legal Right

Receiving a bail bond isn’t a legal right. A bond agency has the right to refuse its service to anyone at any time. If you’re well-established in the community and don’t have numerous prior convictions, you’ll likely be approved for a bail bond.

However, bonds are regularly refused to people who are deemed flight risks. But what does “flight risk” really mean?

A flight risk may mean you’ve previously skipped bail or failed to appear in court. It could also mean you don’t have family, a home, or a job in the area. Without these things holding you to the area, it’s assumed to be easier for you to flee.

It’s also important to know that if you flee or fail to show up for court, the bail bond agency can (and will) send someone after you. The person sent to retrieve you may be a bounty hunter or a bail bond enforcement agent.

When the retrieval specialist finds you, they’ll take you back to prison. Once you’ve been returned for fleeing a bail bond, you aren’t eligible to receive another one. This means it’s crucial to make your payments and show up to work on time.

4. Bail Bonds Can Have Multiple Co-signers

You must have at least one co-signer to receive a bail bond. This will be the person who visits the bail bond agency on your behalf. They’ll need to sign the contract along with you.

These co-signers accept responsibility for the person jailed. Essentially, they’re promising the detained person will attend court, won’t run away, and meet other requirements. Each bail bond can have multiple co-signers, but every co-signer will be held liable if the bond contract is broken.

5. There Are Multiple Bond Types

There are different types of bail bonds you might use. Which type is right for your circumstances will depend on your ability to pay or the kind of crime committed.

For example, a federal bail bond is necessary if you’ve been accused of a federal crime. These leverage higher fees and require more collateral compared to alternative options. If you can pay the total bail amount upfront in cash, it’s called a cash bond.

Most people will need to get a surety bond. This is when a third party (like a bail bond agency) agrees to step in and pay if the accused doesn’t make their appearance in court.

An alternative option is a property bond. This is when a property is placed against the bail fees instead of cash or other forms of collateral.

However, collateral can be often used instead of cash for most bail bond types. Commonly used collateral may include vehicles, high-value jewelry, or collectibles.

6. You May Not Have Your Bail Bond Refunded

In some cases, bail can be refunded in whole or part. This happens after a person makes their appearance in court and proves all bond requirements were met. If you paid the bail in cash, you should get your money back after the accused makes their court appearance.

However, you won’t get your money back if you use a surety bond. For a property bond, you’ll retain ownership of the property so long as the court date is attended.

In the unfortunate event that the person making bail doesn’t appear in court, all of the bail is forfeit. If you used collateral, you don’t receive it back. This includes any property placed against the bail.

7. Make the Process Faster by Having the Right Information

Before you contact a bail bond company, you’ll need to gather certain information. This makes the process faster and ensures you (or your loved one) make bail quickly.

You’ll need the full, legal name of the person arrested and the charges they’re being accused of. You’ll also need to know their booking number and the name of the jail where they’re being held.

If you can gather any other information about the arrest, this could be useful. For example, additional information may help determine whether you’re eligible for a bail bond.

Learn More About Bail Bonds

Although these are the most crucial things to know about bail bonds, this doesn’t cover everything. If you still have questions about bail bonds or the process of posting bail, contact us today.

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Did You Get Locked Up? Here’s How Bail and Bail Bonds Work!

Happy guys in casual hugging each other. Close friends meeting on outdoor building terrace, embracing and greeting each other. Bonding concept

Have you or a loved one recently been thrown in jail? Are you confused about the bail process and what it means for your case? If so, then you need to learn as much as you can about bail and bail bonds.

Doing so can give you leverage, even in a murky situation. Knowing your options could mean the difference between sitting in jail or getting some freedom leading up to your court dates. It never hurts to learn more.

See below for an in-depth guide on how bail bonds work, as well as answers to other common questions regarding bail bonds.

What is Bail?

Everyone has heard of the phrase: “making bail”, but very few people actually understand the role that it plays after someone is arrested. 

Bail is the technical term used to describe the predetermined amount of money that a court sets for someone that’s been put in jail. If this bail is paid for in cash, then it allows the defendant (the person in jail) to be released from jail until their court date (which is also predetermined). 

Sounds easy enough, but here’s the catch: courts intentionally place the bail at a very high threshold. It’s often thousands of dollars. 

Why would they do that? To try and ensure that you can’t cover the bail. Most people don’t have $20,000 or more in cash to be placed towards paying bail, and if they do, then they’ll be sure to attend every court date that they’re given to avoid further penalty.

That’s the entire thought process around bail: to give the court insurance. Since the person in jail often can’t cover the cost of bail, they reach out to trusted bail bondsmen to post the bail for them. In doing so, the defendant is allowed to be released from jail on the understanding that they appear for their upcoming court date(s).

What Are Bail Bonds?

Now that you know what bail is, what are bail bonds? What does the term mean and how can it help you during this hectic time? 

As we just covered, when a defendant can’t afford to post bail for themselves (which is usually the case), they hire a bail bondsman to come in and post the bail for them. After that, the defendant is allowed to return home and await their court hearing.

Even though the defendant doesn’t have to sit in jail, there are still certain responsibilities that they are on the hook for. Those responsibilities depend on the case.

For civil cases, a bail bondsman will use a civil bail bond, which ensures that the defendant will pay back the entirety of the bond with interest as well as any additional costs the court assigns to them.

For criminal cases, a bondsman will use a criminal bail bond. This insinuates that the defendant will appear for his or her trial at the place and time that the court summons them. It also ensures that they will pay back the fines that the court assigns to the defendant. 

How is the Bail Bond Paid?

Once a judge sets the bail amount, the defendant can choose whether or not to post the bail. If they can’t afford it themselves, then they can hire a bail bondsman with the understanding that the defendant pays 10-percent of the total.

The rest of that bail bond is secured through various collateral that you might have. For example, you may use your car as collateral for your bail bond. 

Once all of the math adds up, the bail bondsman will post the bail, thus allowing you to return home to your family.

Why Are Bail Bonds Important?

You probably have a few answers for this question by reading this far into the article already. It’s no secret that being arrested is one of the most stressful moments in a person’s life. It doesn’t just affect them, but their loved ones as well.

Without bail bonds, most people wouldn’t be able to afford to post their bail. In other words: most people wouldn’t have any way to get out of jail before their court date.

That means that you’d be away from your family for what might be several months. There’s no way for you to get your affairs in order or reconnect with your loved ones before the court date occurs.

A bail bond ensures that you have time with your family during this time. Rather than sitting in jail, you can make the most of your time and try to start the path to correction.

What Happens During Court?

As we’ve touched on already, the bail is posted with the understanding that the defendant appears for their scheduled court date. But what happens from there? 

If the defendant doesn’t appear for court, then they’ll be forced to pay for the bail bond via the assets they used as collateral.

If the defendant does appear, then the bail bond is no longer needed. You’ll be able to receive all your collateral with no risk of losing it. Everybody wins and your court will conclude as quickly as possible.

Consider Bail Bonds for Your Situation Today

Now that you have seen an in-depth guide on what bail bonds are and why they’re so important, be sure to use all of this information to your advantage.

Take the time to read this article for more information on the impact that coronavirus has had on court proceedings. To get started, call us right away at 915-877-9293 and we will be happy to assist you further.

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The Impact of Coronavirus on Court Proceedings, Bail, & Legislative Changes

Judge gavel or law gavel on wooden table with coronavirus vaccine in the background. Concept of justice and crimes trials of the Covid-19 pandemic.

The impacts of coronavirus on how we work, how we study, how we enjoy a meal at a restaurant, were all widely discussed and felt across the entire nation. The impacts of the pandemic on the jail system and court system were not such a hot topic, and yet it had considerable effects on people’s well-being across the spectrum. From prison workers to inmates, to court personnel and attorneys, America’s justice system had to do some improvising. 

So as we slowly move out of the worst of the pandemic era, we thought we’d look back at how this unprecedented health crisis impacted our jail and court system. 

Court Cases and Postponed Hearings During the Height of the Pandemic

In the early stages of the spread, most people were not sure of what was happening or how best to respond. For a good few months, many states closed their courtrooms and postponed jury trials. This had ripple effects across the whole system. As court systems decreased, many courts issued bail and bail reductions to reduce the crowding of prisons unnecessarily. 

For many people that were waiting for trials or hearings in jail, these pushbacks caused great uncertainty. Many district and state courts had to close their doors and thousands of cases were left floating in limbo. People that were waiting in jail for an upcoming trial, were dealt a bad hand. As NPR reported, the more than 3,000 jails across the country had to figure out how to avoid overcrowding and avoid people waiting endlessly for proceedings. The reports suggested that some jails had even used solitary confinement on people that had yet to be convicted, in an attempt to avoid the spread. This, of course, posed serious questions about the legality of that, given that many people in jail have yet to be convicted of any crime. 

Many police departments would issue a summons for low-level offenses instead of arresting people and taking them to jail. Parole hearings were also fast-tracked for those whose sentences were ending or who have pre-existing medical conditions. 

How the Virus Impacted the Prison System

Prisons and jails are not exactly places that can easily adapt to social distancing. Many prisons and jails were stunned by the virus and how quickly it spread, that response was slow and somewhat scrambled. Since the beginning of the pandemic, it has not been unusual to see prisons experience hundreds of covid-positive inmates in any given week at the same time. 

According to the New York Times, as of April of 2021, more than 661,000 incarcerated individuals and/or staff had been infected with the virus. An estimated 2,990 people had died. The Marshall Project reported about 512,864 cases had been reported as of June 2021. Numbers possibly vary because many prisons have limited testing capacity or don’t always test inmates after they pass away. Reports have suggested that jails and prisons struggled to respond to the pandemic adequately and have caused inmates to become vulnerable and frightened. 

As of February 2021, the Texas prison system has administered about 5,500 vaccines, but it is unclear how Texas began rolling out the vaccine across the prison population. 

People Released From Prisons to Avoid Overcrowding

As much as facilities tried to accommodate the difficult restrictions, thousands of people were released early. In April of 2020, over 16,000 inmates were released. People released early were vetter and said to pose little threat to society. The decision-making process differed as to who even qualified for early release. In neighboring New Mexico, for example, the governor signed an early release for those that qualified. Qualifications included that they could not be sex offenders, were not convicted of a DWI, and had no time for domestic abuse or assault. The Governor of Texas, Greg Abbot, specifically signed against the practice, preventing prisons from releasing people. In an executive order, the governor banned the practice of releasing people previously convicted of violent crimes.

 Prior to signing this executive order, some judges in the state had released inmates at no-cost personal bonds due to the pandemic. These bonds put a hold on the bail system and required people to come in for frequent check-ins and drug tests. After Harris County (Houston-area) released a murder suspect with only 3.5% of a $60,000 bond (a fraction of what is usually required), concerns were raised by Texas on the practice. Typically bonds are set based on specific criteria and the severity of the crime. Gov Abbott’s executive order was largely a response to these concerns.

Do You Know Someone in Need of Cash Bail? Contact Freedom Bail Bonds 

Here at Freedom Bail Bonds, we help people go back to their homes and lives while they await their day in court. Facing criminal charges is stressful and brings a lot of uncertainty. We know how difficult it is. 

Call us today and learn more about the process. We are here to help!

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The Trials of a Century: A Look at Famous Trials and their Bond Amounts 

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

Every once in a while the public is mesmerized, captured, and engaged by a  hyper-polarized and publicized criminal or civil trial. These trials often etch themselves into the collective consciousness and create the mysterious ethos around legal proceedings. It might be safe to say that every generation has its trial of a century.’ More than twenty years ago it was the O.J Simpson trial and in 2021, it was the trial surrounding the death of George Floyd. So in the spirit of a trial that has considerable controversy, we thought we’d explore some interesting topics of the case and some other famous bond amounts. 

The Trial of the 21st Century — Some Interesting Facts About the Case

Most Americans remember the day the infamous video of George Floyd’s death went viral in late 2020. It seems that today’s technology makes us privy to some rather disturbing moments. At the same time, it can often reduce reality into small snippets of viral video and tends to cut out important details not often caught in the frame or within the time of the video. The trial, highly publicized and televised, proved to be far more complicated and involved many witnesses and evidence presented. That did little, of course, to quell the emotional impact of the trial that began as early as October 2020 when protests broke out in Minneapolis. 

In April of 2021, the jury convicted Chauvin of two murder counts and a lesser charge of manslaughter. There was plenty of public pressure around the trial as the threat of unrest permeated around the courthouse. 

In May 2021, Chauvin filed for a mistrial, as evidence emerged that at least one jury member may not have been impartial. Questions regarding the decision to keep the trial in Hennepin County were raised early on, as well as the odd decision to not sequester members of the jury. In a similarly high-profiled case of O.J. Simpson in the late 90s, the jury was famously sequestered for about 8 months. Despite all of these concerns regarding a fair trial, the process continued and the American people seemed to be satisfied with the convictions that were announced in April. Chauvin was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter. Ultimately, the jury decided that Chauvin was, in fact, the deciding factor in Floyd’s death and that he caused it. 

Chauvin Released on Bond — A high-profile Bond Amount 

Derek Chauvin was the officer in the case. In October 2020, he was released from jail after posting bond. There was considerable controversy surrounding this release, given how the video has burned through social media and become a household topic. Because it was a high-profile case, the bond was set at a whopping 1 million dollars. The judge that set bail was Judge Jeannice M. Reding at $1 million with conditions or $1.25 without conditions. The conditions accepted by Chauvin were that he would have no contact with the Floyd family, give up any firearms or firearm licenses, and vow not to leave the state.  The release angered plenty of the local residents, prompting Governor Tim Walz to release the National Guard to assist law enforcement in quelling the unrest in the streets. According to court documents, the bond was guaranteed by Allegheny Casualty Co. of Calabasas, CA. 

Other high-profile Bond Amounts 

The Floyd case has not been the only high-profile case in the 21st century, of course. Other notable cases have etched themselves in the public consciousness and stirred public sentiment. Here are some other high-profile bond amounts:

George Zimmerman: The case of Trayvon Martin also erupted in controversy in 2012. Initial bail was set at $150,000. Soon after the judge discovered that Zimmerman had raised some money through his website and suspected that Zimmerman was a flight risk. This caused the judge to raise the bail to $1 million. 

Bernie Maddoff: A name synonymous to many with financial fraud, Madoff is the epitome of a scheming financial grifter that robbed hundreds of people of their hard-earned money over a period of a couple of years. Madoff’s bond was set at a shattering $10 million. Woof! How’s that for pocket change? He was allowed, however, to roam around the state and be on a light version of house arrest. 

O.J. Simpson: Talk about another trial of the century. Drawing in millions of television views to the trial, Simpson’s initial bail was set at $125,000. His conditions, however, were not to have contact with his co-defendant. After violating this order, Simpson’s bond was raised to $250,000. 

Need to Post Bond? Call Someone You Trust To Get the Job Done

Every case matters. Everyone has the same rights under the law and awaiting a fair trial is part of that process. As they say, Lady Justice is blind. That is the idea anyway. So if you know someone facing arrest and need to post bail, contact someone that can help. Freedom Bail Bonds has been helping people facing arrest in El Paso for a long time. 

Questions about how bail bonds work? Contact us today and see how we can help.