numerous people indicted of crimes in Texas are forced to stay in jail while awaiting trial with high bail bond quantities. The most common reason for this is that the indicted person can not go to make bail. Although law and justice + write for us the bail system isn’t supposed to discipline people simply for being poor, that’s frequently the practical effect of how Texas courts apply the laws governing bail and bail bonds.
So how does bail work? And what’s the difference between “ bail ” and a “ bail bond ”? In this composition, we give a brief overview of the bail laws in Texas and what you need to know if you, or someone you’re close with, is ever placed under arrest on dubitation
of a crime.
What Is Bail?
The conception of bail dates back to ancient England. incarcerations weren’t as wide as they’re moment, and it was frequently impracticable to hold a person indicted of a crime while awaiting trial.
In present- day Texas, the purpose of bail is simple to insure the indicted will make all needed appearances and not essay to flee the governance. The Texas Penal Code defines bail more precisely as “ the security given by the indicted that he’ll appear and answer before the proper court the blameworthiness brought against him, and includes a bail bond or a particular bond.
Note the use of the terms “ bail bond ” and “ particular bond. ” These relate to different types of bail. Let’s take the bail bond first. But if they don’t have the plutocrat, also they must take out a bail bond.
For illustration, let’s say best law schools John Doe is charged with a crime. The judge sets his bail at$ 50,000. John doesn’t have access to this importantcash.However, he’ll need to gain a bail bond, If he still wants to post bail and get out of jail.
A bail bond is a legal agreement between yourself and a third party, who’s known as a surety. The surety posts the bond and guarantees to the court that you’ll make any necessary appearances. There are a number of individualities and businesses that will agree to act as a surety in exchange for compensation. These are known as “ bail chattels. ” A professional bail chattel must be certified by the State of Texas.
So to continue our John Doe academic illustration, John Doe could go to a certified professional bail chattel and subscribe an agreement to have them post the$ 50,000 bail. In exchange, John Doe must give the bond bailsman a figure or “ bond decoration. ” This is typically 10 percent of the full quantum of the bail bond, which in this case would be, 000.
How Does a Court Decide the quantum of Bail?
Every Texas trial court has a “ bond schedule ” that guides adjudicators and judges in assessing the quantum of bail. These are only guidelines, still, and individual judges and adjudicators may acclimate the quantum of bail overhead or over depending on the circumstances of a case.
Then are some of the more common factors that courts use in fixing the quantum of bail
The inflexibility of the felonious charge; for illustration, a felony will generally carry a advanced quantum of bail than a misdemeanor.
- Whether the defendant has any previous felonious persuasions.
- Whether the defendant was formerly out on bail at the time of their arrest.
- Whether the defendant is presently on exploration following conviction for another crime.
- Whether the defendant may pose a threat to other people in the community.
- Whether the defendant may be considered a “ flight threat. ”
What Does Flight Risk Mean?
This last item clearances some farther explanation. The term “ flight threat ” is frequently associated with bail opinions. It astronomically refers to the court’s assessment of whether a particular defendant has the means or incitement to flee the governance before trial.
Consider two defendants charged with analogous crimes. Defendant A has lived in Galveston their entire life. He has a 9- to- 5 job and a family to support. He has noway traveled outside of Texas and in fact, doesn’t have a passport.
Defendant B, in discrepancy, was arrested in Galveston while visiting from another state. She has no ties to the community. She also has access to substantial wealth and a passport.
A judge is likely to set Defendant B’s bail much advanced than that of Defendant A, as the former is a lesser flight threat. Of course, Defendant B is also much more likely to be in a position to post bail than Defendant A, especially if he doesn’t have easy access to cash.
When Can a Texas Court Deny Bail?
Although the law presumes most defendants are entitled to some kind of bail, there are exceptions. A court may deny bail outright – therefore forcing a defendant to remain in jail pending trial – under certain circumstances. These include cases where the defendant is charged with capital murder or they’re charged with a felony and have a previous felony record.
What If I Fail to Meet the Conditions of Bail?
As noted over, bail isn’t an unconditional release from jail.
Can I Get My Bail Back?
still, you’ll generally get your plutocrat back when your felonious case is completed, If you posted cash bail and complied with all of the court’sconditions.However, still, they will keep the 10 percent or other bond decoration you paid them, If you posted a bond through a bail chattel.
Can I Ask the Court to Reduce My Bail?
Indeed after the court sets the quantum of bail, as the defendant you have the right to request a reduction. The court will hold a separate bail hail to decide if a reduction or change in bail is warranted. Keep in mind, still, that the execution can also request the court raise the quantum of bail.