How Does the Bail System Work?

How does the bail system work? What can you do to secure your freedom and get out of jail? If you or a loved one needs assistance, call our team now.

what you need to know about bail bonds

What You Need to Know About How Bail Bonds Work

Unfortunately, many people accused of crimes in Harris County have to stay in jail as they await trial. Often, this is because they have to pay a high bail amount. Being unable to afford bail is one of the main reasons people get stuck in jail. 

At its core, the purpose of the bail system is not to punish people who cannot afford it. Still, this is the impact of the system in Texas courts. 

 

So, how does the bail system work? Below, we provide a brief overview of the bail laws in Texas. Knowing how the system works can help you if you or someone you know is accused of a crime.

What Is Cash Bail or Bail?

Cash bail and bail are deposits. Its purpose is to guarantee that the individual returns to court for their trial or hearings. Once they make the necessary appearances, the courts return the money. If they fail to appear, they forfeit the bail to the government. 

How Bail Works in Texas

In Texas, the purpose of bail is the same. Ideally, the deposit ensures the person will not leave the jurisdiction. 

The Texas Penal Code defines bail as “the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.”

Here, “bail bond” and “personal bond” refer to different forms of bail.

Bail Bond

This is what people often associate with bail. It’s an amount of money that gets them out of jail. The money comes from a third-party agency, such as 24/7 Bail Bonds.

Personal Bond

This is when the defendant has the money to pay bail themselves, otherwise known as cash bail. Often, access or limitations make it difficult to pay cash bail.

How Does Texas Set a Bail Amount?

Throughout Texas, every trial court has a “bond schedule.” This schedule is a guide for judges to assess cases and determine bail. However, these are only guidelines, meaning that individual judges can change the amount. 

 

Here are some common factors courts use to determine bail. 

  • Severity of charges
  • Prior criminal convictions
  • Whether the defendant was out on bail at the time of the arrest
  • Probation status
  • Whether the defendant poses a risk to others 
  • Flight risk

Can a Texas Court Deny Bail?

Yes, while the law presumes defendants are entitled to bail (regardless of the amount), courts have the ability to deny bail. There are certain situations in which the court can do this. These include cases in which the defendant faces felony charges with a prior felony record or charges of capital murder. 

When Do I Get My Bail Back?

If you post cash bail and comply with every condition set by the court, you typically receive your money at the end of your criminal trial. If you worked with a bond agency, the agency keeps a percentage or premium paid. This information is available in the contract signed when you request a bail bond. 

Final Thoughts

Too many people who face charges are stuck in jail because they cannot afford the bail amount. Unfortunately, this impact can be felt far sooner than many people realize. For instance, being stuck in jail as you await trial keeps you from going to work and caring for children or loved ones. 

 

When you request a bail bond, you have immediate access to the fund needed, helping you get out of jail and back to your life. Additionally, this allows you to search for a criminal defense attorney to pursue the best possible outcome of your case. 

Need to Get Someone Out of Jail in Harris County?

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2101 Crawford St # 309
Houston, TX 77002

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314 E Main St
Humble, TX 77338