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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. 

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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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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!