You never want to get that call. But if you do, your loved one may need your help. Bailing someone out of jail can be scary. If you have never done it before, you might even feel intimidated. The term “bail” refers to a deposit of money that the courts need for a criminal defendant to get out of jail, which they hold to make sure that he or she shows up to any court appearances. People often refer to “bailing someone out” when they give the courts a certain amount of money, so the defendant doesn’t have a stay in jail. The bail amount will depend on the type and severity of the charges, and there are some crimes where the courts don’t allow bail at all.
Ways That You Can Get Out of Jail in the State of Texas
There are four ways you can get out of jail in the State of Texas:
- Personal Recognizance — This is the most common for first-time offenders of non-violent crimes. They will be released with the promise that they return for all court hearings and appearances. This can be used for a variety of pre-trial diversion programs that are offered in the State of Texas. Court officials will check for any previous offenses, and they’ll determine if the defendant has any connections to the area (such as a job or family).
- Cash Bond — The smallest cash bonds in Texas (which only apply to misdemeanors that haven’t been classified as “aggravated”) can be $1,000 or less. A defendant can choose to pay the amount out-of-pocket or get financial help from a co-signer. The money will be paid to the courts, but it will be returned (minus court costs and fees) as long as there isn’t a bail violation.
- Security Bond — A bail bond agent can be hired if the amount is too much for the defendant to pay, even with the help of a co-signer. The advantage of using a bail bond agent is that the defendant can be released by paying 10% of the bail amount to the agent, and a co-signer can be used to help with some or all of the cost. However, there is one major risk. The defendant may not show up for every single court appearance. If the bail forfeiture goes through, both the defendant and the co-signer are responsible for paying the entire bail amount to the agent.
- Property Bond — It doesn’t happen very often, but it’s an option for defendants with high bail amounts to post a bond. The property must be located in the State of Texas. There must also be paperwork that provides proof of ownership, its assessed value, and whether there are any liens on the property. The court can get the property’s title and can start the foreclosure process if the defendant doesn’t show up for a court hearing.
If you want more information on how to get someone out of jail in the State of Texas, be sure to speak to a qualified attorney.
How Bail Amount is Determined in the State of Texas
There are certain things that the judge will consider before setting a specific bail amount, which will vary with each defendant. Here are some of the factors that will determine the amount defendant will have to post before bailing someone out of jail:
- The defendant’s criminal history.
- The severity of the crime.
- The chance that the defendant will flee.
- How much of a threat the defendant poses to society.
- The defendant’s financial resources.
The defendant can either pay the entire amount, give the court some interest in his or her property, or he or she can hire a bail bondsman. The defendant can also have a loved one pay, but there are times when the amount is too high for the defendant to pay (even with additional help). And in these circumstances, there are other options. Defendants can use credit cards to pay their bond amount, as long as they have enough to cover additional interest fees. They can also use other items (such as jewelry, electronics, or other pieces of personal property) in place of or in addition to the bail bond premium.
If you want more information about how to get someone out of jail, be sure to speak to someone at Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can not only give you information about bailing someone out of jail but can also help you and your loved one come up with a solid defense. If you’re ready to work with the best criminal defense attorney in Corpus Christi, get in touch with us today!