by Prof. Ted Considine MD
Published 2 years ago
Updated 2 years ago
8 min read
What happens after a bond hearing in Texas?
Bail/Bond Hearing in Dallas
If bail is denied, the defendant will remain in custody until the conclusion of his or her case. If the judge grants the alleged offender bail, he or she will have the option of paying a fee to be released from jail until his or her case is decided at trial.
How does the bond system work in Texas?
As with most states, the Texas bail bonds agent will charge a 10% fee of the total amount of the bail that has been set. So, for a $5,000 bail, a $500 fee will have to be paid. The fee is non-refundable and will provide a defendant with the money needed to make bail and be set free until their court appearance.
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.
What is the difference between bail and bond in Texas?
Bail amounts are cash only, where bonds are posted by a Texas bail bonding company for a fee and security/collateral.
How long can you be held without bond?
Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.
Do you get your bond 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.
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 bail money back if guilty?
If you paid the bail directly to the court, they will refund you the bail money you posted even if you're found guilty. If you paid a premium to a bondsman, the amount you paid is nonrefundable.
Where does bond money go?
The court holds bail money until the case is resolved. So long as the arrested defendant appears in court at the designated required dates, bail money will be provided back to the person who posted it. In some cases where the defendant is convicted, bail money can be used to pay court fines.Oct 26, 2021
Can you bail yourself out of jail in Texas?
To answer our original question, yes; you can bail yourself out. However, there are some limitations. In order to bail yourself out, you need to have the full amount of bail on your person at the time of the arrest. Depending on your offense, that may be quite a lot of money.
Is bond the same as bail?
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
What Is a Bail Bond, and How Does It Work?
When someone has been arrested, they may not need to await trial in jail. If they’re allowed to be released on bail, they can stay home (adhering to certain terms and conditions) until their trial has concluded. Bail bonds are a way to post collateral to the court, basically guaranteeing that the defendant won’t run off to escape trial.
What are bail bonds?
If a judge sets your bail at $100,000, there’s a good chance you won’t be able to pay it in cash. A bail bonds agent will post that money for you, in exchange for a fee (usually 10 percent). You pay the bail bonds agent that fee, and they’ll give the money to the court for your pre-trial release.
What happens if you get sent back to jail?
As long as you show up to all of your court dates and the trial, your bail bonds agent will get their full amount back. You’ll only pay their fee. If, however, you’re sent back to jail for violating the terms of your bail, you’ll be on the hook for the full bail amount.
Are there other options?
Sometimes a judge will allow a defendant to be free on bail simply in exchange for a promise to appear. This is called “own recognizance” or “personal recognizance.” Not every county will offer this, nor is it applicable to all crimes. You should ask your attorney whether you have any additional options or if a bail amount can be appealed.
What are the conditions of being released on bail?
One of the conditions of being released on bail is that you will not take this opportunity to commit any other crimes—basically, you need to be a model citizen, show up to your scheduled court dates and stay out of trouble. If, however, you’re accused of a crime that involves family violence or is a felony, Section 11 (b) stipulates that you can be denied bail “if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.”
Can you be denied bail for a felony?
Section 11 (a) provides that if a defendant has twice been convicted of a felony, commits a felony while on bail for another, is accused of a felony with a deadly weapon after being convicted of another felony or is accused of a violent or sexual offense while out on bail or on parole, bail can be denied entirely.
What is Section 11 C?
Finally, Section 11 (c) states that anyone who “violates an order for emergency protection… after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case… or who engages in conduct that constitutes an offense involving the violation of an order described by this section” can be taken into custody and their bail can be denied.
What does Article 1 Section 11 mean?
Article 1, Section 11 states, “All prisoners shall be bailable by sufficient sureties, unless for capital offenses… this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.” This means that except in capital crimes, everyone should have access to bail if they have the money—with certain exceptions, as the law describes.