If you’ve been charged with a criminal offense in Texas, you’re probably worried about remaining in jail until your case is heard. What will happen to your family if you stay in custody? Will you lose your job? How will the community react?
The good news is that you may be able to secure your release on bond until you have to appear in court. In this blog, we’ll go over the basics of understanding bond fees, the various types of bonds you may qualify for, and how a Texas criminal defense lawyer can help you overcome common challenges in obtaining one.
The Basics of Bond Fees
A bond is essentially a financial agreement made with the court. It acts as a guarantee that you will appear for your scheduled court date. If you use a bond company to secure the necessary amount, it will likely charge a fee, and when you show up as promised, the bond fee is usually returned, minus any administrative costs. This system allows you to remain free and live your normal life while you await the outcome of your case.
In Texas, the average fee is around 10% of the bond total. However, Chapter 17.04 of the Texas Occupations Code allows counties to regulate these fees and bond companies may charge upwards of 15% to 20%.
Types of Bonds
There are various kinds of bonds in the Texas criminal justice system, and understanding bond fees means being aware of them. This section will cover the ones you’re most likely to encounter and explain how they work.
Cash Bonds
Cash bonds require you or someone else to pay the full bail amount up front. Depending on where you are located, you can pay with exact cash, cashier’s checks, or money orders in the amount of the bond.
If you attend all required court dates, the court returns the funds after your case concludes, minus any applicable fees. In some cases, the U.S. Attorney’s Office may ask the court to have part or all of the money applied to any imposed debts, such as fines or restitution.
Surety Bonds
With surety bonds, a third party (usually a bail bond company) posts the required amount with the understanding that they may forfeit the money if you don’t show up. You pay a nonrefundable fee to the company in exchange for their posting the bond. After your release, you will likely have to abide by certain conditions, such as meeting your bondsman at certain times and calling them regularly to check in.
Property Bonds
A property bond lets you or someone else use home equity as collateral to secure your release. The home will usually need to be appraised and receive a lien. If you fail to appear, the court can take legal action against the property to recover the bond amount. Because there is so much work involved, judges often request that the property be valued at 150% of the original bail amount.
Citation Release or Cite Out
Authorized under article 14.06 of the Texas Code of Criminal Procedure, citation releases (or cite outs) occur when law enforcement issues you a ticket instead of arresting you. This citation, which orders you to appear in court at a later date, is commonly used for traffic violations and relatively minor offences like certain Class C misdemeanors and possession of marijuana less than 4 oz.
Recognizance or Personal Recognizance (PR) Bonds
A recognizance or personal recognizance (PR) bond releases you from custody without having to pay anything. It is based on your promise to appear in court. If the judge believes that you are trustworthy and will return without a financial incentive, they may grant a PR bond.
READ MORE: Bail vs. bond in Texas
Determining the Bail Amount
In Texas, the process of setting a bond amount takes several important factors into account. They include the alleged crime, your criminal history, the chance of you being a flight risk, and any ties you may have to the community.
The Crime
The nature and severity of the charges against you is a significant factor. In Texas, courts follow a bond schedule that specifies bail ranges based on the nature of the offense. However, judges can adjust these amounts based on the specifics of the case.
Criminal History
If someone has a record of previous criminal offenses, the court may consider higher bond amounts, especially if the defendant is a habitual offender. This is due to concerns that the defendant is likely to commit another offense or failure to comply with court requirements.
Flight Risk
If a judge believes an offender is likely to skip town before the court hearing, bail will be set higher. The idea is that if someone has to pay a large amount of bail money, they’re more likely to appear in court.
Community Ties
Family connections, employment status, and how long the person has lived in the community can influence the bond amount. Someone who has strong community ties will often be required to pay a lower bond amount, because the defendant is more likely to stay and face the charges.
Ultimately, judges set bail amounts to ensure that each defendant appears for their court dates while also balancing the risk to public safety and the person’s right to reasonable bail / bond.
Failure to Pay and Consequences
Failure to pay is not particularly common because most bond amounts are either cash only or require full upfront payment. However, people are still occasionally released from jail before paying the bond or bond fees. If they fail to post bail, it can lead to the following consequences:
- Arrest: An arrest warrant will be issued, meaning that you can be taken into custody at any time. Failing to post bond is considered a violation of the court’s trust and a disregard for the legal process, which could ultimately lead to harsher sentences.
- Return to Jail: If you fail to pay, you can (and will) be returned to jail. If you used a bond agency, it is no longer responsible for you or to the court.
- Loss of Collateral: Failure to post bond can result in the loss of any collateral you put up. Loss of this collateral will often have long-term financial repercussions.
- Civil Lawsuit: Bond agencies can take you to civil court if you don’t pay what you owe. Courts frequently side with the agencies in these cases and will order payment from you. Your wages may be garnished.
Failing to post bond in Texas will only escalate your legal troubles, both immediately and long-term. If you’re released on bond, it’s important to comply.
Legal Assistance for Bond Fee Challenges
Sometimes bail amounts may seen expensive. A criminal defense lawyer can help with this by requesting a reduction.
We can do this by presenting information about:
- Your background
- Your ties to the community
- Any factor that might convince the judge to reduce the bail amount
Additionally, we will make sure you understand the bail process, including how the fees work, the types of bail that are available, and what’s expected of you.
Other advantages of working with a skilled defense lawyer include:
- Dealing with Payment Issues: If you’re having trouble paying the bond fee, a lawyer can help you find a solution. This might include setting up a payment plan or even requesting a different type of bond that’s easier for you to manage.
- Helping with Bond Companies: If you’re using a bail bond company, a lawyer can help you understand the contract and ensure that the terms are fair. They can also advise you on any legal issues that might come up with the bondsman.
- Representing You in Court: If there are any hearings related to your bond, your lawyer will represent you. They can speak on your behalf and make sure your side of the story is heard.
