Bail Bonds
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Following a warrant less arrest, bail is usually set according to a
published bail schedule or following the magistrate warning by a
local justice of the peace. Bail is made with cash or a bond.
A bond usually requires about a 10% fee to a bondsman. If you
do not have ties to the community or the bond is for a first
degree felony or higher, most bondsman will require collateral.
The bondsman’s fee is non-refundable. A cash bail is returned,
less a small administrative fee, when the case is concluded. Bail
reductions are often obtained by negotiations with the
prosecutor or by filing bond reduction motions with the court.
Our office has filed writs of habeas corpus to force some judges
to set reasonable bail in cases. We have successfully argued
such motions and have obtained bonds for clients.
In cases where a warrant has been issued for a person’s arrest,
a person may be able to post a bond without being arrested.
Such bonds are commonly known as non-arrest bonds. A person
reports to a bondsman and the bondsman takes the person to
be processed and the person is released on the bail without
being arrested. Most bondsman in Texas are familiar with the
procedure for such bonds.
In Texas, a person charged with a crime is entitled to bond in all
cases except capital murder cases where: 1) the State is seeking
the death penalty; and 2) the proof is evident and the
presumption great that the person committed the crime and that
a jury would give that person the death penalty. A person is not
entitled to bail on a motion to revoke probation. A person is
entitled to bond on a motion to adjudicate (following a deferred
prosecution). However, in some other limited circumstances,
courts can restrict bail.
published bail schedule or following the magistrate warning by a
local justice of the peace. Bail is made with cash or a bond.
A bond usually requires about a 10% fee to a bondsman. If you
do not have ties to the community or the bond is for a first
degree felony or higher, most bondsman will require collateral.
The bondsman’s fee is non-refundable. A cash bail is returned,
less a small administrative fee, when the case is concluded. Bail
reductions are often obtained by negotiations with the
prosecutor or by filing bond reduction motions with the court.
Our office has filed writs of habeas corpus to force some judges
to set reasonable bail in cases. We have successfully argued
such motions and have obtained bonds for clients.
In cases where a warrant has been issued for a person’s arrest,
a person may be able to post a bond without being arrested.
Such bonds are commonly known as non-arrest bonds. A person
reports to a bondsman and the bondsman takes the person to
be processed and the person is released on the bail without
being arrested. Most bondsman in Texas are familiar with the
procedure for such bonds.
In Texas, a person charged with a crime is entitled to bond in all
cases except capital murder cases where: 1) the State is seeking
the death penalty; and 2) the proof is evident and the
presumption great that the person committed the crime and that
a jury would give that person the death penalty. A person is not
entitled to bail on a motion to revoke probation. A person is
entitled to bond on a motion to adjudicate (following a deferred
prosecution). However, in some other limited circumstances,
courts can restrict bail.