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About bail and types of bonds

How Bail is set

The arresting officer files a probable cause affidavit with the court which is basically an abbreviated police report of the allegations against the defendant. Bail is money or another security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. After reading the police officer's report and looking at the defendant's criminal history, the judge determines the bail amount based primarily on the seriousness of the allegations against the defendant and the defendant's criminal history.

Bail can be set as low as $500 and as high as $1,000,000; it all depends upon the decision of the judge. Bail will be set between 7 A.M. and 1 A.M., so if you are arrested later in the afternoon or evening, the bond will be set the following morning.

There are basically four ways to be released from jail: Cash bonds, Personal bonds, Lawyer Assisted Bonds and Surety Bonds.

Bonds and Bond Types

1) Cash Bonds
For a Cash Bond you must deposit the full amount of the bond. The only forms of payment Travis County Jail accepts are cashier's checks and money orders. This money will be kept by the court until the case is resolved, which could be a long time. For this reason, and the fact that most bond amounts are in the thousands of dollars, cash bonds aren't usually the best route to take when getting out of jail.

2) Personal Bonds
After an arrest, the Travis County PreTrial Services Office interviews the defendant. If they determine the defendant qualifies for a personal bond, the person must only pay $20 to get out of jail. This is a very cheap way to get out of jail, but unfortunately the standards for qualification are very strict and many people do not qualify to get out of jail for $20. The Pretrial Services Office can take over 10 hours to approve someone for a personal bond, which is a long time for a person to sit in jail when they could be released much sooner.

3) Lawyer Assisted bonds
This is a hybrid of a cash bond and a personal bond. It is used by attorneys to secure a client's release while being able to use funds on deposit for legal fees.

4) Surety (Bail) Bonds
Bail Bond companies usually charge between 10% - 20% of the bond amount to get someone out of jail. The downside to this option is that the money paid to the bondsman cannot later be counted towards attorney's fees, whereas if you hire us to bond you out and you decide to retain us, we will count a portion of the bond money towards the fee for representation.

More about Bail

The process of posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court every time the judge requires them to.

For this service, the defendant is charged a percentage of the bail amount. Before being released, the defendant or a relative or friend of the defendant typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a cosigner must guarantee that they will pay the full amount of bail if the defendant does not appear in court.

Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. After an agreement is reached, the bail agent posts a bond for the amount of the bail to guarantee the defendant’s return to court.

If the defendant doesn't show up, the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent, the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

More about Bonds

Bonds play an important role in protecting individuals, organizations, and the government against loss through the failure of others to fulfill specific obligations. Generally, bonds are required of those who administer public or private funds, and of individuals and businesses to qualify for licenses and permits.

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