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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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Overview of the Bail System: How it Works and How It Can Help You

Lawyer going over contract to discuss the conditions of bail in defense of the arrested client.

The industry has seen its fair share of criticism lately. In fact, the bail system is seeing reform all over the country. We’ve written about some of these reforms in past blogs. At the same time, many people misunderstand the bail system and why it’s there and who it actually serves to protect. The fact is that many times people find themselves in trouble with the law and turn around to find their lives suddenly coming to a halt. The bail system is there to protect people from finding their lives devastated while waiting for their charges or cases to be resolved. It also acts as a kind of insurance for people to go to court. 

Let’s Cover Some Basic Ground

When a person gets arrested and/or charged for a crime or possible crime, they might be taken to jail. Before they can be committed or acquitted, however, they must go through the court system and their case must be heard in a court of law. This takes time. So in order to ensure that everybody gets the right guaranteed by the sixth amendment, they are guaranteed trial. So a person can either stay in jail until their trial comes up, or they can be released on the condition that they will return to court for the assigned court date. Remaining in jail for a couple of months is not only a nuisance to most people, but it is also a completely life-altering event. That is because it means a person will likely lose their job, might be unable to pay bills, take care of family, look out for their kids, loved ones, pets, etc. For the average person, this is simply unthinkable to simply be ripped out of your everyday life and expect things not to fall apart. The issue at hand is that if the justice system deems the person innocent, they have already lost months of their lives, their livelihood, and many times their reputation and loved ones. As a bail bondsman, we help people that cannot afford bail on their own. 

Helping The Defendant and the Court System

Our job is somewhere in the middle. If people were to sum up our jobs, we are a kind of insurance. We are a loan. And we make sure that people show up to court. When there is a bail that is of high amounts, most people cannot afford that. So we front the money for the agreement that they will show up to court when need be. If they do not, we help find the defendant and ensure that they show up to court. 

The court itself makes its assessments about who is a flight risk or not. That is really up to the judge. We are not connected to the courts in any way, per se, but we are a third party that helps defendants keep their lives together as they await their court date and also puts pressure on them to return to court when they need to show up. 

The Judge’s Considerations for Bail

The bail bondsman does not set the bail amount. It is the judge that sets this amount and decides what the defendant needs to pay depending on certain factors. These include:

  • Whether the defendant is a flight risk
  • Whether they are a possible danger to the public. 
  • The judge will consider the evidence and charges. 

Interesting Facts about Bail That You May Not Know

Even though bail bondsmen are often portrayed as the bad guy, we are really only a kind of middleman that takes responsibility for a defendant to show up to their court hearings. In this sense, we will help the justice system move along. Here are a couple of interesting facts to note about what we do here:

  • The state regulates Bond fees. The fees that come with the bonds are regulated and imposed by the state. 
  • A bail bond is a type of loan. We provide a type of loan to people that cannot afford the bail amount that the judge requires. Otherwise, defendants may have to remain in prison until their court hearing. 
  • Showing up is not always the end. Some defendants may have more special restrictions set for their bail. These may include signing up for a drug rehab program, remaining within state lines, etc. This all in addition to showing up for court. 
  • Bail bonds often accept collateral. And that collateral can come in different shapes and sizes. For people that can’t afford to take out a bail bond, there are options available in terms of collateral. This might include a vehicle, jewelry, etc. This helps secure your loan and allows you to pay your bail in order to get out of jail.

Go to a Trusted Bail Bondsman in El Paso

Freedom Bail Bonds has been providing people with bail for many years now. If you’re loved one has been arrested and is facing a bail amount, give us a call today and see how we can help you. Don’t let your life come apart before you see your day in court.