Posted on

The 5 Things You Need to Know About Bail Bonds in El Paso

The phrase “bail bonds” is superimposed over a blue background with the image of Lady Justice.

Many individuals like to watch crime TV shows. They feel the exhilaration of solving cases. Some of the expressions we learn come from these shows. You could pick up a lot of knowledge about legal processes, prison regulations, and other topics. You are aware of what bail is, for the most part. But many are unaware of what it is.

Understanding the process can be challenging. Consider your friend or relative being taken into custody. They might or might not be at fault, but you will still try to free them from custody. However, you’re in danger if you don’t have the necessary funds. Asking a friend or family member for a loan could embarrass you. 

For this scenario, bail bonds in El Paso, TX, come to the rescue. Here are the five crucial things you need to know about bail bonds.

1. They Act as Insurance

Like insurance, it ensures that the defendant will show up for court on the scheduled days. The accused need not serve the entirety of their sentence behind bars. They may remain at home, but they have to show up in court. Getting someone out of jail might cost a lot of money.

Therefore, not many families have access to that kind of funding. To free their loved ones from prison, they buy these bonds. When you have selected the ideal business, visit their location. For the bond, you will make a down payment. You can send an agent if you’re too embarrassed to go.

You might always speak with your attorney, or if you still have questions, they’ll direct you on the appropriate path.

2. You Require Some Documents

You will need to carry some paperwork with you when you visit their office. You cannot travel without any supplies. A legitimate ID is needed – it doesn’t matter if it’s a passport or a driver’s license. You should also bring your bank account information.

Finally, you should produce evidence of your address to prevent the defendant from escaping. Not least, among other things, the required finances. They will act as a deposit and as collateral. You will have all you need to free your loved one once this is all done.

3. The Cost Varies

You need to be aware that the judge determines the bail. Everything is based on crime. Additionally, they will likely set a bigger sum if they anticipate that you’ll attempt to run. Sometimes, it’s possible to estimate the cost. But a lot of things could affect the price. But the sum will be formally disclosed by the judge.

4. Requirement of a Collateral

For you to be able to pay the bail, you’ll need to offer collateral. If the defendant doesn’t show up, this is necessary. You may always use some cash as security.

However, there are other choices. You could put up a costly vehicle or home, for instance. Additionally, you might utilize stocks, bonds, or jewelry. Different collaterals are possible as each case is different.

You should know who will take back whatever collateral you have provided. Therefore, whether it is cash or jewelry, you’ll receive it back. Therefore, there is nothing to worry about. They’ll keep the item there temporarily. In this manner, they ensure that you will repay them. Some individuals believe it to be an extra charge for the service. 

5. A Business Like No Other

Bail bonds may be perceived as an aspect of the criminal underworld, but they are insurance firms like any other. They must be well knowledgeable in contract, criminal, and financial law. Additionally, state or federal governments may license and regulate bail bondsmen. The pressure of overcrowding is lessened by allowing those charged with a crime to be released from custody until their trial date. Bail bond companies like this one can help in this situation.

El Paso Bail Bonds

Bail bonds can greatly help ease the stressful situation of the accused and his near ones. If you are looking for a credible resource to get bail bonds in El Paso, TX, contact us for further information and professional guidance.

Posted on

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. 

Posted on

Don’t Be Caught Unawares: 7 Crucial Things To Know About Bail Bonds

Bail bond system, bailing out of jail and innocent until proven guilty conceptual idea with judge wooden gavel, dollar banknotes and handcuffs with copy space

More than 10 million people are arrested each year nationally. If you or a loved one find yourselves among these numbers, you may consider a bail bond as a way to get out of jail. However, you should know a few things before choosing to use a bail bond.

1. Bail Bonds Aren’t a Get Out of Jail Free Card

Some people look at bail bonds as a get-out-of-jail-free card. It’s a common misconception that you can post bail using a bond and never worry about your arrest again. However, this is far from accurate.

For starters, the bond will need to be paid back. In addition to the total amount of your bail, there may be additional fees. Everything must be paid in full, according to the agreement between you and the bond company.

Additionally, there may be non-monetary requirements that have to be met. These usually depend on what you were arrested for. A few examples include:

  • Attending a drug education or rehabilitation program
  • Attending domestic violence or anger management classes
  • Not possessing a firearm
  • Maintaining gainful employment

2. Bail Fees Are Pre-Determined

It isn’t just a random number thrown out there when your bail is set. Instead, bail fees are calculated using pre-determined amounts that consider numerous factors.

A few examples of factors that affect bail fees include:

  • The crime committed
  • Prior convictions
  • Your determined flight risk
  • The severity of the crime

3. Bail Bonds Aren’t a Legal Right

Receiving a bail bond isn’t a legal right. A bond agency has the right to refuse its service to anyone at any time. If you’re well-established in the community and don’t have numerous prior convictions, you’ll likely be approved for a bail bond.

However, bonds are regularly refused to people who are deemed flight risks. But what does “flight risk” really mean?

A flight risk may mean you’ve previously skipped bail or failed to appear in court. It could also mean you don’t have family, a home, or a job in the area. Without these things holding you to the area, it’s assumed to be easier for you to flee.

It’s also important to know that if you flee or fail to show up for court, the bail bond agency can (and will) send someone after you. The person sent to retrieve you may be a bounty hunter or a bail bond enforcement agent.

When the retrieval specialist finds you, they’ll take you back to prison. Once you’ve been returned for fleeing a bail bond, you aren’t eligible to receive another one. This means it’s crucial to make your payments and show up to work on time.

4. Bail Bonds Can Have Multiple Co-signers

You must have at least one co-signer to receive a bail bond. This will be the person who visits the bail bond agency on your behalf. They’ll need to sign the contract along with you.

These co-signers accept responsibility for the person jailed. Essentially, they’re promising the detained person will attend court, won’t run away, and meet other requirements. Each bail bond can have multiple co-signers, but every co-signer will be held liable if the bond contract is broken.

5. There Are Multiple Bond Types

There are different types of bail bonds you might use. Which type is right for your circumstances will depend on your ability to pay or the kind of crime committed.

For example, a federal bail bond is necessary if you’ve been accused of a federal crime. These leverage higher fees and require more collateral compared to alternative options. If you can pay the total bail amount upfront in cash, it’s called a cash bond.

Most people will need to get a surety bond. This is when a third party (like a bail bond agency) agrees to step in and pay if the accused doesn’t make their appearance in court.

An alternative option is a property bond. This is when a property is placed against the bail fees instead of cash or other forms of collateral.

However, collateral can be often used instead of cash for most bail bond types. Commonly used collateral may include vehicles, high-value jewelry, or collectibles.

6. You May Not Have Your Bail Bond Refunded

In some cases, bail can be refunded in whole or part. This happens after a person makes their appearance in court and proves all bond requirements were met. If you paid the bail in cash, you should get your money back after the accused makes their court appearance.

However, you won’t get your money back if you use a surety bond. For a property bond, you’ll retain ownership of the property so long as the court date is attended.

In the unfortunate event that the person making bail doesn’t appear in court, all of the bail is forfeit. If you used collateral, you don’t receive it back. This includes any property placed against the bail.

7. Make the Process Faster by Having the Right Information

Before you contact a bail bond company, you’ll need to gather certain information. This makes the process faster and ensures you (or your loved one) make bail quickly.

You’ll need the full, legal name of the person arrested and the charges they’re being accused of. You’ll also need to know their booking number and the name of the jail where they’re being held.

If you can gather any other information about the arrest, this could be useful. For example, additional information may help determine whether you’re eligible for a bail bond.

Learn More About Bail Bonds

Although these are the most crucial things to know about bail bonds, this doesn’t cover everything. If you still have questions about bail bonds or the process of posting bail, contact us today.

Posted on

Indictment in Texas: Probable Cause, Grand Juries, and Statute of Limitations 

Indictment Title On Legal Documents

While courtroom dramas are always doing a half-decent job in portraying legal proceedings, courtroom procedures, and other law-related processes, they often leave plenty of room for clarification. One area of common confusion deals with the indictment process. While the process is generally similar, an indictment in Texas, for example, is different than in other states—as every state has its unique regulations and code. In Texas, there is a differentiation between a criminal complaint and felony charges brought on by the State.

In this post, we review important concepts relating to facing a criminal indictment by the state of Texas and crucial information you need to know. 

Brush Up on Indictment Proceedings and the Texas Criminal Code 

According to the Code of Criminal Procedure, an “indictment is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.” In other words, a written statement from a grand jury that declares a person is charged with a felony is deemed an indictment. A misdemeanor crime in Texas is categorized as a “criminal complaint.” Felony charges, on the other hand, are put forth through an indictment. 

The Difference Between Being Charged and Being Indicted of a Crime

The terms are often used interchangeably, but the difference rests in who actually files the charges. Getting charged with a crime means that the prosecutor filed the charges. When a grand jury files the charges against the defendant, then it is deemed an indictment.

Statute of Limitations in Texas 

The statute of limitations refers to the amount of time the State or a prosecutor has to bring the case against a defendant. Statutes of limitation differ depending on the severity of the crime. 

Examples of various crimes and statutes of limitations include:

 

  • Manslaughter: no statute of limitations
  • Murder: no statute of limitations
  • Sexual assault of a child: no statute of limitations 
  • Theft by a public servant of government property: 10 years 
  • Forgery: 10 years
  • Medicaid Fraud: 10 years 
  • Bigamy: 7 years
  • Robbery: 5 years 
  • Insurance fraud: 5 years 
  • Other felonies: 3 years
  • Misdemeanors: 2 years 

Probable Cause 

Before you can be indicted there has to be probable cause. The prosecutor has to prove that. A person does not need to be arrested to be indicted because the process begins without their presence. The jury, however, has to agree that there is probable cause enough to proceed with the case and bring charges against the individual in question. 

What You Need to Know About a Grand Jury 

Think of a grand jury as an investigative body— independent from the prosecutor or defendant. They serve as a buffer between the people and the government, acting as a barrier to unwarranted or frivolous State prosecution. The main difference is that the grand jury is composed of 12 people similar to a petit jury.  Different states might differ in the size of their grand juries. When a person is indicted, the defendant is generally not present. The prosecutor bringing the case to the grand jury must establish probable cause. 

The concept of the grand jury can be traced back to early English history. Eventually, the grand jury took on a protective role—a barrier between the monarchy and the common folk and providing a safeguard from abuses of power. The idea was embedded into the Constitution of the United States via the 5th amendment. Under this amendment, criminal prosecution of anything more than a year required the indictment of a grand jury. 

Grand jurors are often chosen from the same pool of citizens that make up the trial jurors. A federal grand jury can often sit for longer periods of time, including 18-36 months. 

The Process of Grand Jury Indictments 

The process of beginning grand jury indictment begins without the defendant or subject being present or aware of impending charges. The only people privy to the grand jury proceedings are the jurors, a prosecutor bringing the case, and a court reporter.

During this process: 

  • Witnesses that testify must do so under oath 
  • Evidence must be presented by the prosecutor 
  • The grand jurors themselves perform the necessary tasks of presiding over the hearing and clerking duties 
  • The court reporter is sworn to secrecy 
  • The prosecutor lays out proposed charges and how the alleged crime fits in
  • The grand jury votes on whether enough evidence has been presented on each of the proposed charges to warrant proceeding with the case

All felony cases that go to trial must be indicted by a grand jury. That is unless the defendant waives the indictment.

Facing Legal Trouble? Learn More About How Bail Bonds Might Apply to You

If you are facing an arrest and need to get out on bail, Freedom Bail Bonds provides trusted support for people facing difficult and uncertain situations. When facing indictment in Texas, knowing about the process can help you learn what’s next. 

Want to learn more about how bail bonds might apply to you or your loved one? Have a loved one in jail or facing criminal charges? Connect with us today and learn more. 

Posted on

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.