how a lawyer can help you bail out of jail

by Verla Stoltenberg Published 2 years ago Updated 1 year ago 5 min read

Invoke Your Right to an Attorney When you need help getting out of jail, one way to get it is by either hiring an attorney or invoking your right to counsel and having the courts appoint one to you. Your attorney may be able to negotiate a lower bail amount, which may be enough to get you out sooner.

Your attorney can appear in court on your behalf and argue to reduce your charges and, subsequently, your bail, so it's easier for you or your family to pay. In some cases, your lawyer can post an “attorney bond,” taking the bondsman out of the equation. Again, this speeds up the process.

Full Answer

Should you help someone get out of jail on bail?

See a Criminal Defense Lawyer. If you or someone you know has been arrested, an experienced criminal defense lawyer can help secure your release and argue for favorable bail and release terms. It's important to seek legal help when facing any criminal charges or proceedings.

Do you have a lawyer while in jail?

Mar 19, 2018 · Here are a few of the ways your lawyer can help secure your jail release: Arrange your; bond; Waive magistration on your behalf; Set up apretrial release; Arrange a bond-reduction hearing if the bond is too high; Contact a Fort Worth Criminal Defense Lawyer. No one wants to spend time in jail. So why sit behind bars when you now know a lawyer can get you out of jail …

How does bail work in a criminal case?

How Does an Attorney Help with Bail? Your attorney can help you get released from jail in several ways: We know all the legal procedures and who to call to get you out of jail. This knowledge speeds up the process considerably. Judges may also be more likely to release a person who has hired an attorney.

Can a judge deny bail?

Mar 19, 2018 · This will be one of the first ways that our firm can help. If you’re unable to make bail or need help arranging acquisition of the funds, a criminal defense lawyer can help you reach out to family members or coordinate to pay your bail. An attorney can also help you decide whether a bail bond or other method would be right for your situation. As bail bonds will put …

How do you bail someone out of jail without money in Texas?

How to Get Someone Out of Jail With No Money

Appeal the Bail. A person can appeal their bail. It is a legal right. ...
Ask for Help. It is important to remember that bail is refunded in full as long as the defendant makes their court dates. ...
Consider a Bond. Bonds exist for a reason.

Mar 20, 2021

How long do you stay in jail if you can't make bail in Texas?

The police can hold you in jail if you don't post bonds for a long span of time, up to 90 days (3 months) or until your court hearing is completed. You will remain in prison and be detained for as long as your trial is in the process.

How long can jail hold you after bond is posted in Texas?

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

How does the bail bond system work in America?

A bail bond is a way for a defendant to pay the jail to get out of jail until their court date. If the defendant cannot afford bail, they must wait in jail until their court date. In many jurisdictions and situations, you do have the option of paying the full amount of bail yourself.

Do you get bail money back?

If it is cash bail and you pay the full bail amount, the money will be returned to you if the defendant shows up on all the hearing dates. If he won't, you will never get your money again. Bond can only be discharged if: A defendant found not guilty on the charge.

What's the difference between bail and bond?

Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant's behalf, usually by a bail bond company, to secure his or her release. Defendants with pending warrants are usually not eligible for bail.Oct 15, 2021

Can you bond out on a felony charge in Texas?

Felony Charge Bail Bond in Texas

Offenders facing these charges will likely be in for a lengthy and stressful trial. PCS Bail Bonds helps make it so defendants can be out of jail and in their homes while dealing with these charges. Being arrested and charged with a felony is overwhelming enough.

Do you get your bail money back in Texas?

If you posted cash bail and complied with all of the court's conditions, you will typically get your money back when your criminal case is completed. If you posted a bond through a bail bondsman, however, they will keep the 10 percent or other bond premium you paid them, as that is nonrefundable.Apr 29, 2021

How long can you be held in jail before seeing a judge in Texas?

Generally, you'll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.

Why do you only have to pay 10 percent of bail?

When a surety bond is taken, a ten percent premium payment is due to the bail bonds agent or company. All defendants may be charged additional costs with posting bail like a $10 processing fee as well as a $12 booking fee.Dec 17, 2020

What can a bail bondsman do legally?

Not only may they bring them to the proper authorities, but they have the right to pursue the fugitive into any dwelling to make the arrest. Because they are not government agents, they are not required to seek out a warrant and may detain the defendant for as long as is necessary to get them to the authorities.

How do bail bonds make money?

When defendants use a bail bond agent, they pay the agent a fee and the agent acts as a surety, telling the court that they (the bond agents) will pay the full bond amount should the defendant fail to appear at court. Bail bond agents make money by collecting a fee from those who want to be bailed out.

How to get out of jail?

Your attorney can help you get released from jail in several ways: 1 We know all the legal procedures and who to call to get you out of jail. This knowledge speeds up the process considerably. Judges may also be more likely to release a person who has hired an attorney. 2 Your attorney can appear in court on your behalf and argue to reduce your charges and, subsequently, your bail, so it’s easier for you or your family to pay. 3 In some cases, your lawyer can post an “attorney bond,” taking the bondsman out of the equation. Again, this speeds up the process.

What are the factors that determine bail?

Bail is designed to motivate you to attend your court hearings. The judge sets bail and chooses an amount based on a few factors: 1 The seriousness of the crime 2 The defendant’s criminal history, as well as previous flight attempts 3 The defendant’s financial situation

Bail and Your Indiana Defense Attorney

When you’re arrested, you’ll go through a process where you’ll have bail set as a part of the pre-trial actions. This will be one of the first ways that our firm can help. If you’re unable to make bail or need help arranging acquisition of the funds, a criminal defense lawyer can help you reach out to family members or coordinate to pay your bail.

Some Cases Bar Getting Out of Jail

Unfortunately, some people are barred from getting out before their trial. While the Eighth Amendment to the Constitution states that excessive bail should not be used, in some cases, exactly this can be used to hold the accused in certain circumstances:

How Our Indiana Defense Lawyers Can Help

When you’ve been arrested, you might be thinking, “Can a lawyer get me out of jail?” The answer is “sometimes.” If you’ve been arrested, you need help getting your bail or determining if the justice system even has the right to hold you. We can help.

Can you bail someone out if they already have money?

If you or someone you know already has the money, simply positing the bail yourself is without a doubt the best option available to you. Of course, this can be difficult, especially if the person you’re bailing out has a high bail fee.

What to do if you don't have cash?

If you don’t have cash or property you can use for bail, a bail bondsman is going to be your next-best option. This is a great way to get some financial assistance, although 10% of the bail is usually required upfront, which is worth mentioning.

Is it easy to bail someone out of jail?

The responsibilities you have to deal with when posting bail for someone you care about are not easy. It can be physically, emotionally, mentally, and financially stressful. Whatever type of bail you choose, it’ll be both costly and risky. And although caring for them is enough reason to bail them out of jail, here are other reasons why it’s ...

Why do people bail out of jail?

Bailing someone out of jail gives them some time to take care of some essential matters in life. They can make arrangements with their work and school if they need to return to jail after their court case. When they are bailed out, they can have the time to prepare their home and family.

What happens if you put collateral on a bail bond?

The bail agency will have no more obligations to the defendant. If you put collateral when you signed the bond agreement, the property will not also be returned.

Why is bail set high?

But the bail is typically set high to ensure that the defendant shows up for every court hearing. Failure to appear in court will revoke the bail, and the defendant will be re-arrested and returned to jail.

Can you use your house as collateral for bail?

The court accepts collateral to post bail. If you don’t have the disposable income or cash available to pay the full bail amount, you can use personal assets, such as your house, car, or jewelry. But then again, you may lose the property if the defendant fails to appear in court.

Can you pay bail if you have enough money?

If you have enough cash available, you can immediately pay the full bail amount. You can get the money back, minus some fees, and other charges, if the defendant shows up for their court date. If not, you may los e the entire bail amount.

What happens if you don't pay bail?

They will pledge to the court to pay the full bond amount if the defendant fails to show up in court. That is after you pay them a bail premium, which is usually 10% of the bail amount and is non-refundable.

Can you bail yourself out of jail?

Technically, yes, you can bail yourself out of jail. However, it’s not as simple as you might think: bail is paid in cash and in full, and in most cases, the set bail is a whole lot of money, more than what most people have in hand. There’s also a chance that the money you pay might be forfeited by the court ...

What happens if a judge sets bail?

If a judge sets a bail that might be out of a defendant’s price range, they could request the court to lower it.

What is bail money?

In layman’s terms, bail is money you pay to the court in order for you to be released from jail prior to your trial. Normally, bail is returned to the defendant after the trial; however, if a defendant fails to show up for the trial that they promised to return to, the court will likely forfeit and keep the bail.

Does the Constitution protect against excessive bail?

Technically, yes. However, the U.S. Constitution protects defendant’s from excessive bail via the 8th Amendment, which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.

Is bail a punishment?

Contrary to what it feels like, bail also isn’t a punishment; rather, it’s a reassurance that the defendant will be playing ball and will adhere to the court proceedings to follow. Of course, this is all in theory.

Is it illegal to have high bail?

In practice, unfortunately, many judges set extremely high bail in order to keep suspects in jail for as long as possible. It’s not technically illegal; however, it’s a way for the court to skirt the law so that they can keep an eye on suspected individuals they deem to be ‘dangerous’.

Which amendment protects defendants from excessive bail?

However, the U.S. Constitution protects defendant’s from excessive bail via the 8th Amendment, which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.