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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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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.

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How Big Tech Companies are Impacting Bail Bonds

 

In 2018, big companies like Google and Facebook decided to weigh in on a topic that has had some political pull for years. It’s not exactly news to see big tech companies revealing political leanings through the implementation of certain policies. They’ve been outspoken before. Criminal justice reform has been a profound topic of conversation among policymakers for many years. It’s a cause heralded by many on the political left and the libertarian right and one that has a lot of merit and complexities imbued.  It’s not a black or white issue, yet it seems the stigmatization of the bail bond industry has been targeted to carry a lot of the weight for a much bigger problem.

Many would argue that the cause of criminal justice reform carries an undeniable racial element that must be addressed. Last year, President Trump himself signed a bipartisan-supported bill on the matter—many aspects of which were controversial— giving judges more discretion on sentencing and encouraging changes to improve the recidivism rate.

However, in their efforts to have some impact on this the tech giants decided to target private companies and curb advertisements on bail bondsman. NBC reported in May of 2018, that the companies decided to block advertisements from bails bondsman on the grounds that it violated their attempt to keep “damaging and hurtful” content off users sites.

For many years, people have misunderstood and often vilified the concept of the industry. When a person is arrested, a judge has the discretion to set bail so that person can be released from jail with a promise that he/she will return to their set court date. Getting released from jail as people await their constitutionally guaranteed trial is important for families to be reunited, for the accused to hire and talk to an attorney freely, to continue working or providing for their loved ones, etc.

Reaction to the Decision

Many in the media commented on the recent decision by Google and Facebook that has much broader implications about the power of these tech companies to impose political leanings via policies and decisions. The decision appears to some as nothing more than moral posturing and an attempt to pose as arbiters of justice in a private market. The issue begs the question about how an advertisement for bail is “damaging and hurtful” content to begin with but also how these companies seem now to have control over what is considered harmful to the average person. In other words, much of the market now depends on Facebook’s definition of “harmful” which can extend into some dicey territory.

Several groups have led a charge against the industry of bail bondsman and called it bail bond reform. Preventing these ads on social media and obfuscating the fact that there is access to funds that can help families post bond does not in itself create any solutions for the people they purport to be helping. It is not legislative reform. Jeff Clayton, executive director of the American Bail Coalition, dismissed the amount and claimed the companies were trying make the bail reform appear bigger than it really was.

Criminal justice reform has supporters on both sides of the isle and has for some time now worked to dismantle certain aspects of our criminal justice system.

Recent Discoveries

According to a recent impromptu experiment in the state of Maryland, showed that the elimination of bail actually increased the number of defendants held without bail from 10% to 14%. At the same time, fewer released defendants are showing up for trial. A ‘no show’ in court can face bigger penalties and consequences down the line. The concept of 24-hour bail bonds is contingent upon the judge’s discretion to set a bail amount so an accused person has the opportunity to get fast and reliable bail bond services.

Get Freedom with Freedom Bonds

Despite this controversy, Freedom Bail Bonds is here to help you deal with your arrest and better prepare for your court date. You have a right to a fair trial and a right to keep your life together until that date comes.  If you have been recently arrested or have a loved one that has been arrested, posting bail is the fastest way to get out and keep your life in order while you wait for court.

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24/7 Bail Bonds for Jail Release at Any Hour

24/7 bail bond concept showing handcuffs on top of a $100 billWe all know that emergencies never happen at a convenient time. When it comes to you or a loved one getting arrested, dealing with bail bonds at all hours of the night or early morning hours can be a challenge. However, at Freedom Bail Bonds we offer 24/7 bail bonds for this exact reason. We understand that when you need help getting a loved one out of jail it can happen at any time. We are available to help you in your time of need any hour. Take a look at these facts and get better acquainted with the bail system.

What is a Bail Bond?

When a loved is in jail you bail is typically set for a certain amount. Normally, the amount is set high and most people cannot afford the sum amount. This is where a bail bond agency can help. They will post the bail as long as you pay a fee, which is normally about 10 to 20 percent. After the defendant appears in court the fee is returned short administrative costs. This time of bond is referred to as a surety bond. If the defendant does not appear in court they or their family members that posted bond will be responsible for paying the full amount of the bond back to the agency.

How Does a 24/7 Bail Bond Work

There is not too much difference between a regular bail bond process and a 24/7 bail bond. Essentially, when a bail bonds agency offers 24 hour service this simply means they are available and at your service at any hour. The same arrangements will be made, with the exception that it will probably take place in the dead of night.

When Will the Defendant Be Released

After you take care of your 24/7 bail bond, you will be eager for the release of your loved one. This will take place as soon as all the documents are turned in and processed. The court clerk will issue a bond ticket. This will get sent to the jail officials to inform them that the defendant has successfully posted bail. The bond ticket will also include the date and time of trial for the defendant. It is vital that they appear to this court date. Otherwise, they will be arresting for skipping bail and the bail bond will not be returned.

Contact Freedom Bail Bonds Today

When you are need of help at the most inopportune time, Freedom Bail Bonds is here for you with 24/7 bail bonds. Contact us today or save our number for future reference. We are here for you whatever the hour may be!