Have you recently received word that a loved one has been arrested on criminal charges? If so, you are likely wondering what, if anything, you can and should do next. Depending on the situation, you might have heard that your loved one needs to come up with bail money or obtain a bail bond. In everyday conversation, the terms “bail” and “bond” are used interchangeably, but the two are not exactly the same. There are several important differences that you should understand before you take any steps to get your loved one out of jail. The good news is that our team is here to help.

Understanding Bail

When a criminal suspect is arrested, he or she will be brought before a judge for a preliminary hearing, and dates will be set for future hearings, including trial. In many cases, trial dates may be set for many weeks or months after the initial arrest. During the preliminary hearing—or in a separate bail hearing, if needed—the judge will consider the circumstances of the situation and determine if collateral is necessary to ensure that the suspect appears as required for future proceedings. This collateral is known as bail, and it is usually set in dollar amounts.
If the judge determines that bail is necessary, the amount will be set based on a number of factors, including the severity of the alleged criminal offense, the risk that the suspect will flee the area, and the danger that the suspect may present to the community at large. Many jurisdictions use a fairly standardized system for setting bail amounts, but ultimately, the decision is up to the judge. Some cases may involve bail of a few hundred dollars, while others may see bail set at hundreds of thousands of dollars or more. There are situations in which the judge may refuse to set a bail amount and require that the suspect remains in jail until trial. Such decisions are typically reserved for the most serious alleged crimes and repeat violent offenders.
It is important to keep in mind that if the defendant appears as ordered at all of the required proceedings, he or she is entitled to a refund of the bail that was paid, regardless of the outcome of the case. Fees and fines may be applied, which can reduce the refunded amount, but even a suspect who is found guilty can be reimbursed for his or her bail.

Anyone who is arrested will want to make sure they take the right steps to get out of jail as soon as possible. This is especially true during the COVID-19 crisis, since those who are being held in a jail, detention facility, or police department are often kept close together with other inmates in a small space, increasing the risks of infection. Even when surfaces are sanitized, prisoners are provided with masks, and measures are taken to maintain social distancing, inmates are likely to become infected, and as a result, the coronavirus has spread quickly throughout jails in Texas.

To secure a quick release, those who have been arrested will want to post bail right away. Unfortunately, the bail bonds process can be complex and confusing even at the best of times. For some people, getting out of jail might be even more difficult during the coronavirus pandemic due to orders put in place by Texas’ governor and other requirements that must be met.

If you have watched any crime TV shows or read flashy headlines on the cover of celebrity magazines, you have likely seen astronomical bail amounts, ranging from thousands to millions of dollars. Depending on the alleged crime that the arrested party is facing, this number can greatly shift. In some cases, bail may not even be an option for the alleged criminal. The purpose of these high costs is to keep these individuals facing criminal charges from fleeing the instant that they are released from confinement. For those facing an extremely high bail amount and who are unable to afford the cost, assistance from a bail bonds agent is a valid possibility. Some defendants may think they are in the clear once the money is transferred, not realizing the various other terms that may come along with posting bail.

Pretrial Check-Ins

In a similar manner as probation, some individuals on bail will be required to meet with a pretrial service officer on a regular basis. This is done to ensure that the bailed-out party is abiding by the court’s bail orders or conditions. These periodic meetings will also help monitor the whereabouts of the charged party.

If you, a friend, or a relative are arrested, a bail bond can be very helpful. To understand what a bail bond is and why you might benefit from one, it is important to know how the booking process works when accused of a crime. Depending on the crime, certain offenders are eligible to post bail in Texas, which allows them to get out of jail and return to their home while they await a court date. If it comes time to pay for a bail bond to get yourself or someone close to you out of jail, it is imperative that you work with an experienced, licensed bail bonds issuer to help alleviate your stress and develop a plan of action.

The Booking Process

If you are arrested and taken to jail, you typically have to wait there for several hours before being given a court date. In court, you will present your defense with your attorney. At this moment, as the accused, you have two options: You can either stay in jail until your court date, or you can post bail. Bail is an amount of money that can be paid in cash and is determined by the severity of the charges and whether or not this is your first criminal offense. For example, if you have to post a bail of $5,000, a cash payment of that value will ensure that you are released until your scheduled court date. Whoever pays this amount will receive his or her money back if you, the defendant, attends all of your scheduled court dates.