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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. 

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How Judges Set Bail Amounts and the Changing Landscape of Cash Bail

Female judge with documents on table in office, closeup

If you or your loved ones have ever found themselves in a bit of a pickle— i.e facing arrest— you have likely wondered what the foreseeable future looks like for you. Will you have to wait in jail until your court date? Will you lose your job? Will your marriage fall apart? How will your kids be taken care of? All of these are real and legitimate questions faced by people who find themselves under arrest and unable to make bail. It leads to a lot of uncertainty and the rippling consequences have often torn families apart or ruined people’s lives. 

Freedom Bail Bonds assists people in similar situations and helps them fulfill their constitutional right to secure their release until they get their day in court. Embroiled within the many conversations of cash bail is the less-often-discussed way that bail amounts are actually set. There are predetermined amounts based on the crime, but judges also look at several factors and then come up with the final amount. Let’s take a look at that process and other changing aspects of the bail system. 

The Role of the Bail Bondsman in Texas

Let’s quickly review the role of the bail bondsman in Texas. After someone is accused of a crime, they should go through a bail hearing. At this point, the judge will set a bail amount based on certain factors. Generally speaking, the bail is set based on the crime itself, circumstances surrounding the crime, and criminal history. 

The Process of Bail Amounts More Closely 

After a defendant is arrested, they must appear at a bail hearing or arraignment. This is where they will come before the judge and their bail amount will be set. Judges set bail based on what is called the bail schedule. The amount can be lowered or raised, however, based on special circumstances surrounding the specific case. The bail schedule refers to the list that will set the amount based on a predetermined list of crimes.

The amount is based on the nature of the crime but the judge does have some discretion in regards to lowering the amount. These bail schedules can change from county to county and from state to state. Part of the judge’s duty is to set bail charges for bailable felony offenses, misdemeanors, and other infractions. For minor misdemeanors, for example, bail might usually be around $500. A judge can choose to raise this amount based on the specifics of the particular case. 

Factors that Determine the Cost of Bail 

So what leads a judge to determine whether you pay the price on the schedule? You might end up with a bail of 100,000 dollars. Does this mean that your crime was something like murder? Not necessarily. It could simply mean that the judge deemed this necessary based on the crime at hand. So here’s what might affect your bail amount:

  • The amount of evidence. The amount of evidence first presented will have an impact on the judge’s view of the case and of how they set bail. 
  • Criminal History. If the accused is known to have a well-documented criminal history, the judge might decide to hike up the bail amount. The reasoning behind this is that with harsher crimes and longer criminal records, it is in the judge’s interest to watch out for the community and be very careful as to who he is re
  • The Risk to the Town and City. As mentioned above, if the judge will consider public safety as a major factor. If the defendant is facing a violent crime, domestic abuse, murder, or something to that effect, the judge may foresee that this may be a danger to the surrounding community and therefore raise the bail amount. 
  • The possibility of flight risk. The whole idea behind bail is to allow people to await their day in court without waiting behind bars. If a person is a flight risk or if there are any indicators that they might be, the judge might also raise the bail. If the judge suspects—based on evidence or a history of skipping bail—it might be reason enough to alter the bail amount. 
  • The seriousness of the offense. One of the most common ways that bail is set is simply through the seriousness or the level of the offense. The more serious the crime, the larger that bail amount will be. 

Once the bail is set, bail will be posted on their behalf. Defendants can either post bail personally, through someone else, or have a bail bondsman contribute the cash. In the last couple of years, lawmakers have been trying to make changes to the bail system, which has opened up the conversation about how bail is set and whether the current system should stay.  Some cities in the state of Texas are playing with the possibility of moving away from cash-based bail to pretrial jail release decisions that might allow low-risk level defendants to be released with no-cost bonds. 

Do you know someone that has been arrested in El Paso? Have questions about the bail process and what their options are? Give Freedom Bail Bonds a call. 

 

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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.