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How Bail Bonds Work in El Paso

someone in jail gripping the barsNo one wants to spend time in jail, especially during the holiday season. If you or a loved one is in police custody, and you’ve been charged with an offense, then you don’t have to feel as if all your options have been extinguished. You have the ability of posting bail in order to get out of jail. The bail amount is determined by the judge. He or she will base the amount on a handful of factors, such as the crime’s severity or the probability of the defendant, committing other crimes upon release.

Basically, by posting bail, you would be able to get out of jail and live your life as you would normally. You will still be required to appear on your designated court date, however. Bail can range from low amounts to high amounts of thousands or even millions. But in most drunk driving cases, for instance, bail can range from $500 to $1,000 if it’s a misdemeanor offense or upwards of $50,000 for felony drunk driving. 

Helping You Post Bail

Posting bail may seem impossible, especially if it’s an amount you can’t simply procure, but this is where bail bond companies come into play. If you’re in the El Paso area and you need help posting bail, then Freedom Bail Bonds can help.

Now, you may be asking yourself how exactly do bail bond companies work? In general, bail amounts are simply too high by most people’s standards. A bail bond company, however, can basically post bail on your behalf so you’ll be able to walk free from jail. The way this works is quite simple. Bail bond companies charge a nonrefundable fee of 10 or 20 perfect the bail amount. So, let’s say your bail was set at $1,000 and the bail bond company you choose charges a 20% fee, you will only have to pay $200 out of your own pocket while the bail bond company pays the rest of the bail on your behalf. But that’s not the end of the story.

Now this second part is where it gets a bit tricky. After you pay your percentage, you’ll be required to sign a surety bond which basically makes you liable for the full bail amount if you fail to appear in court for your appointed court date. This is basically the collateral required for the bail bond company to do its part in helping you to get out of jail. So, as long as you appear on your appointed court date, you’ll have nothing to worry about in terms of bail. Sure, there’s still the whole issue about your alleged offense and the potential sentence you may or may not face, but that’s all further down the road. Our main goal is to get you out of jail upon your arrest.

If you’re spending time in jail, maybe a week or two, for driving under the influence and it’s your first offense, then the legal ramifications might be much more lenient than if this were a felony DUI charge. But those are the details you’ll go over with your lawyer at a future date. Freedom Bail Bonds is focused on helping you get out of jail so you’ll be able to live your life with your family, not in jail. 

Many people get pulled over for drunk driving, especially during the holiday season. New Year’s Eve is unabashedly known for its copious amounts of drinking. It’s also a night for celebration which means there are countless parties taking place all across the city. If you were invited to three parties and you had a few drinks at the first one, you might get pulled over while on your way to the next party. Or you might find yourself driving the same road where a DUI checkpoint is taking place. 

Freedom Bail Bonds is Ready to Help

Whatever your situation may be, it’s necessary for you to have the knowledge that Freedom Bail Bonds will be there to lend a helping hand. Paying whatever amount of bail out of your own pocket may not seem feasible but paying a small percentage for the same outcome is very much doable. If you or a loved one requires bail assistance, we can help. Contact Freedom Bail Bonds today. Or simply save our number in your phone book so you’ll be prepared if the moment ever arises.  

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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! 

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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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What Texas Can Learn From California’s Changing Policies on Bail Bonds

bail bonds

California is known for its unique culture; a lot of music, art, and the fashion that comes from the West coast. It is not only its culture that makes the state different, however. As its own state, California has also passed its fair share of policies and laws that are quite different from anything we see here in Texas. We thought we’d take a look at a recent law that passed in California that left a trail of controversy and discussion about bail.

On October 1st, 2019 the new law signed by Governor Jerry Brown that will effectively end cash bail in the state of California will go into effect. The Governor of the state signed the law in late 2018, amidst a flurry of controversy, criticisms, and also praises.

What Exactly Does the Law Entail?

When a person is accused of a crime, there is usually a lengthy process before they see their day in court.  So rather than requiring defendants to pay cash bail before being released as they await trial, their release will hinge on an assessment of their risk to public safety.

The fair trial, of course, is a very important right guaranteed by the Constitution of the United States. Why? Because every person in the United States is innocent until proven guilty and our entire justice system really hinges upon this very important principle. This is important to keep in mind. In a recent post, we went through the history of the 8th amendment and why that is important.

What are the Dangers of the New Law?

Critics of the law point out that this new risk assessment system might simply keep more people in jail. So before someone is convicted of a crime, they might have to spend months in the county jail, causing them to lose their jobs, lose their schooling, cause rifts in the family, hardship with children, etc. Imagine you are a person working full time that supports a family. Suddenly you are accused of a crime but have yet to be convicted in trial. In the meantime, someone decides that you might be a risk and therefore you are to stay in jail for six months. In this time, your job will be gone and your family will suffer incredible hardship without the breadwinner.

Other critics say that the law does not guarantee a significant reduction in the number of people detained in jail while awaiting trial. Proponents, however, argue that the law will take economic standing out of the equation and treat suspects equally under the law.

So Who Decides Whether You Are a Risk To Public Safety?

With the new law, your release will be under the discretion of public officials and, apparently, software and algorithms. According to The Guardian newspaper, there will be software in place that helps decide whether a person is a flight risk or not. These will decide whether, based on your past behavior and other factors, you are likely to skip out on jail or not. In other words, your freedom is at the discretion of local law officials.

The contention is that most suspects accused of a nonviolent crime might be deemed ‘low risk.’ Those accused of more serious offenses might be deemed ‘high risk’ and therefore might stay in jail until their trial comes. The law is still unclear, however, as to other factors being taken into consideration and which suspects fall into which category.

The bail bond industry in California will surely suffer after the new law. There are approximately 7,000 Californians that will lose their job in the industry once the law takes into effect. This is certainly one consequence of the bill that is not being so readily discussed. Many small business owners and bail bondsman will suddenly be out of a job.

Why Freedom Bail Bonds Still Has Your Back

Getting into trouble with the law is a very stressful situation. The story is always more complicated than it seems on the surface. Waiting for trial is equally as nerve-wracking and spending that time in jail can completely turn your life upside down.  Freedom Bail Bonds is here to help you when you need it. Give us a call.

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What Can Impede a Quick Jail Release After an Arrest?

an empty jail cell signifying quick jail releaseIt’s everyone’s worst nightmare: you are arrested and find yourself facing the prospect of spending the night in jail. There are many reasons you may get arrested, from simple misdemeanor or bench warrants to more serious crimes. After your arrest, there is a process that is followed which can arrange for you to get quick jail release: posting bail. However, there could be a number of things that can actually prevent you from either qualifying for quick jail release or from being able to post bail. At Freedom Bail Bonds, we’re here to give you a little more information on these processes.

How Do I Post Bail?

When you are initially arrested, you are read your rights, processed through the police system, and given a phone call. The best use of this phone call is to your family, your lawyer, or a close trusted friend. Depending on your crime, there are two ways you will be able to post bond:

  • For most common and minor crimes, there is a list of pre-set bail amounts. This makes the process simple, since all you have to do is find a bail bondsman, pay the amount, and get out of jail. Quick jail release is pretty standard and simple in those cases.
  • For more serious crimes, you will have to be put in front of a judge. Unfortunately, in these cases it can take some time for you to be able to see one. In fact, there are cases where the police may even decide to arrest you on a Friday, therefore impeding your ability to see a judge until the following Monday. In these cases, the term “quick jail release” should be viewed in terms of days instead of hours.

How is Bail Decided?

As we mentioned, for more common crimes, there is a set bail amount that you can usually pay and get a quick jail release. For more serious crimes, a judge will decide what a fair amount for bail is. For serious drug crimes, murder, and other violent crimes where flight is a very real possibility, the judge will be within their rights to set a high bail amount.

In What Circumstances Can Bail be Denied?

In the cases of serious crimes, the judge can decide that bail can be denied. This is usually the case if the crime in question is murder, violent assaults, and other similar crimes. In cases the accused is deemed a continuing danger to the community or an especially determined flight risk, bail is also usually denied.

There are times that bail can be denied for different reasons, usually called “red flags”. These can include:

  • The suspect is not a US citizen, therefore a serious flight risk.
  • The suspect shows no regard or respect towards the court.
  • The judge is told by a credible source that the suspect will not show up to court if released.
  • The suspect has a history of missing court dates.
  • There is a confirmed mental impairment and there is no one to supervise the suspect if released.

Contact Freedom Bail Bonds for Quick Jail Release

Whether or not you fall into the categories above, you have every right to fight for quick jail release after you are arrested. Freedom Bail Bonds provides fair and reliable bail bonds in El Paso, and can help you get out of jail quickly. Let us help you post bond- contact us today!