Many people think bail and bond are the same thing in Texas, but they are not. Below, our Texas criminal defense lawyer explains more.
When a person is accused of a crime in Texas, they are often forced to remain in jail while waiting for trial. In most cases, people wait in jail because they cannot afford to pay bail. The bail system in Texas is not meant to punish people simply for not having a high income, but that is often the effect of it. Below, one of our Texas criminal defense lawyers explains the difference between bail and bond.
What is Bail?
The purpose of bail is to ensure the accused will attend all future court appearances and not make any attempt to flee the jurisdiction. After an arrest, the accused will appear before a judge, who will set the bail conditions. It is important to note that there are different types of bail. These are bail bonds and personal bonds.
What are Bail Bonds?
Bail bonds are what most people think of when they consider bail. It is a specific amount of money a person must pay to get out of jail while they await trial. If the accused has sufficient funds to pay the amount of bail outright, it is known as cash bail. Many people do not have enough money to pay for bail outright, so these individuals must take out a bail bond.
A bail bond is a legal agreement between the defendant and a third party, known as a surety. The surety pays the bail amount and guarantees the court that the defendant will appear at all future court hearings. There are many businesses and individuals that act as sureties. They are known as ‘bail bondsmen.’ Bail bondsmen typically charge a premium, which is usually a percentage of the total bail amount. All professional bail bondsmen must be fully licensed by the state.
What is a Personal Bond?
When a defendant is released on a personal bond, they are not required to obtain a bail bond or pay cash bail before they are released from jail. Instead, the accused is ‘released on recognizance,’ which, in simple terms, means they promise to attend future court hearings. The defendant may still have to pay a personal bond fee before they are released, which is the equivalent of three percent of the cash bail amount or $20, whichever is greater.
When defendants are released on personal bond, the court may still impose certain restrictions on them. For example, a defendant may be released on recognizance and be ordered to avoid using alcohol or drugs or to stay away from their accuser.
Our Texas Criminal Defense Lawyers in Texas Can Help You Through the Process
The criminal justice system is a complex one. At Granger and Mueller, P.C., our Texas criminal defense lawyers can guide you through it and prepare a defense that will give you the best chance of getting your charges reduced or dismissed. Call us today at (512) 474-9999 or contact us online to schedule a consultation and to get more information.