BAILBONDS - WHAT ARE BONDS?
Bail and Bond in Texas essentially refers to the same concept: allowing a person out of jail or custody in exchange for putting up either money or items with value. The idea is that a person will actually show up in Court to face the charges if they have a significant interest at stake. In Texas, bonds are set in several ways:
Personal Bonds - Generally if the arrested individual qualifies under certain Pre-Trial Services rules, then they will be released on a Personal Recognizance Bond. The arrestee will have to pay a "bond fee" once released and they may also be required to comply with other conditions as required by the judge on pre-trial release.
Cash Bonds - This means you post the full amount of the bond via a cashiers check or money order with the County Sheriff. You are likely to obtain a refund of the bond, less certain statutory administrative fees, once the case is completed, but can be forfeited if you fail to appear in court.
Surety Bonds - These bonds are posted by a bail bond company with the help of an approved bondsman.
Amount of Bail
Texas Law provides Judges and Magistrates the autority to set bail, based on several items. Article 17.15 of the Texas Penal Code lists that the amount of bail to be required in any case is to be regulated by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance of being complied.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
F R E E P H O N E C O N S U L T A T I ON
Serving Austin and Travis County Texas