So, you got arrested and the only thing you can think about is getting out. One option is to just plead guilty, but that is a fool’s idea. We’ve previously explained that when you are taken into custody, you are required to be taken in front of a magistrate. Some places have a judge in a box 24/7, 365. Other places you will sit for a day or two, but you are going to get a magistrate.
Magistration is when a judge explains to you why you are in custody. They will read you the corresponding law to your charges. This is going to be lightning-fast because they have other people to get to, and honestly, this is the one millionth time this particular judge is reading someone this law. Realistically, you aren’t going to recall very much of this information, but that’s why you need to get a lawyer when you get out. The part of Magistration that you want to pay attention to is the bail and bond portion. You’ve all probably heard about bail and bond, and most of the time they are used interchangeably. However, all things in the law have a specific definition.
Bail is the collateral that you give to the court to ensure that you will show up and follow all the rules during your release from jail. Article 17.01. DEFINITION OF "BAIL". "Bail" is the security given by the accused that they will appear and answer before the proper court the accusation brought against them, and includes a bail bond or a personal bond.
Bond is the agreement that you will do what needs to be done, so bail bond is the combination of financial security given to the court and all of the rules placed on you to get out. A personal bond also known as a Personal Recognizance (PR) bond is your promise to show without putting up funds and all the conditions that are placed on you while you await trial.
PR bonds are for nonviolent and lower-level crimes but the defendant's background and assets are taken into consideration as well. A PR bond can also be given if the defendant is waiting in custody for a limit of time and the State has not yet filed the charges against them. Each level of charge has a different time limit you can wait before the PR bond is required to be given.
Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
To summarize, there are two ways to get out on bail bond and personal bond. For both bail bonds you pay directly to the court or you sign a contract with a bail bonds company and they pay the bond for you. You pay them a percentage of the total bond. The two major differences are that when you pay the court directly, you will get the money back if you do everything that is required of you, regardless of the outcome of the case. However, with the bondsman whatever percentage you paid them is gone, it is their money for supplying the remaining amount of your bail.
Now, if you pay the bond yourself or get a PR bond there are still court fees that are associated with doing the paperwork and holding on to the money until your case is closed. Meaning you will have to pay those fees. Also the requirements that are placed on your bail bond or personal bond vary by county and state. In Travis County a department known as pretrial services gets to weigh in on all the things you will be required to do. You will leave the Travis County jail with a babysitter. In Bexar County, some of the requirements I personally think are unconstitutional but I guess do crimes elsewhere. In Hays County, they seem to be more reasonable, but that’s because they are for punishment not babysitting. But when we find ourselves fighting a criminal case our freedom is tied to the whims of the magistrate judge until we win. So, if you find yourself in this boat, call or email us.
Comments