Understanding Bail Bond Laws in Texas

Remaining in jail while awaiting a trial can be incredibly uncomfortable. However, the good news is that defendants may be granted bail, which offers them freedom from incarceration while they wait, provided that they appear in court on the appointed date and follow other restrictions.

In such cases, bail bonds may be used. For those who have never had to post bail, understanding bail, bail bonds and bail jumping laws in Texas might seem overwhelming. The good news is that we have written an easy-to-understand guide to help defendants navigate complex Texas bail bond laws.

What Is a Bail Bond?

A bail bond is essentially a financial arrangement to guarantee that a defendant will appear at his or her court hearings. It involves the payment of a sum of money, which is why a bail bondsman (who pays bail on the defendant's behalf) is often involved.

Keep in mind that there are several types of bonds that can be used to secure a person's freedom as they await their next court date. Most counties have a personal bond office, which is responsible for gathering and reviewing information about those who have been accused of a crime (Art. § 17.42. of the Texas Code of Criminal Procedure).

Defendants must take note of court dates, as failure to appear will constitute bail jumping. In most cases, the court clerk will not post these dates online, but the prospective criminal court docket will be posted in a public, designated place. For more information, our criminal defense lawyers in Fort Worth may be able to help.

Types of Bail Bonds

Here is an overview of the various types of bail bonds available:

Surety Bond

This is undoubtedly one of the most common types of bail bonds. To ensure that the person is able to get out on bail, a bondsman or bail bond company will post bail on their behalf.

However, they will charge roughly 10 to 20 percent of the bond amount as a fee. This is a great option for those who do not have cash readily available. Keep in mind that the bail bond company will issue a certificate, and such bail bond certificate will serve as proof that bail has been successfully posted.

Cash Bond

A cash bond requires the defendant or someone working on their behalf to pay the full bail amount to the court in cash. This type of personal bond is relatively easy to understand.

If the accused person presents themselves, as promised, in court on the required dates, the cash paid will be refunded. Keep in mind that any reasonable expenses incurred by the court will be deducted from this amount.

One of the most notable drawbacks of this option is that not everyone has large amounts of cash on hand.

Personal Recognizance (PR) Bond

This bail bond is only offered to certain low-risk defendants who have not committed any violent crimes. With this type of bond, the court allows the offender to be released on their own recognizance. This means that they do not need to pay money to the court as a surety but promise to appear in court on the required dates.

It's important to remember that courts only grant this type of bail bond in rare cases and often base their decision on factors such as the offender's criminal history, occupation, etc.

Property Bond

In other cases, a property bond may apply. With these bonds, the defendant's home or other real estate assets serve as collateral. If the person fails to appear in court on the required dates, the court can seize their property. Because it is so risky, few people go this route.

Disqualified Sureties, According to Bail Bond Laws in Texas

When it comes to surety bonds, it's important to remember that in Texas, not just anyone can act as a surety on a bail bond. Candidates must meet strict requirements. This is because the state wants to ensure that anyone who takes on this responsibility is trustworthy. Our team can also advise on how to appeal a criminal conviction in Texas.

According to the Texas Code of Criminal Procedure, minors are not permitted to serve as sureties. Moreover, if a person wants to act as a surety in a location that has a county bail bond board that is regulated under Chapter 1704 of the Occupations Code, they may be required to take bail bond courses.

Specifically, the candidate will need to have done a minimum of eight hours of bail bond law courses before acting as surety.

Moreover, not just any courses may be taken, but only those that are approved by the State Bar of Texas and offered by an accredited organization.

It's also crucial to note that those who have a criminal history may be barred from acting as surety. Anyone who was previously convicted of a misdemeanor involving moral turpitude, such as criminal activity involving fraud, will be disqualified. Those who were convicted of felonies are also not allowed to serve as surety.

While they may seem incredibly harsh, these limitations are designed to ensure that there is integrity and trust throughout the bail bond process.

Failing to Appear at a Court Date

Failing to appear in court may result in criminal consequences and/or fines, depending on the severity of the initial crime committed. It's also important to remember that the one who signed as surety on the defendant's bail bond may hire someone to track down the offender and ensure that they appear before the court, which is not a good experience.

For these reasons, it is essential that those who are out on bail understand the legal implications of failing to appear in court as promised to avoid complications.

Sparks Law Firm Offers Expert Assistance Throughout the Bail Bond Process

If a defendant or their loved ones would like to learn more about bail bonds, they can reach out to our extensive team for expert guidance and exposition of the applicable laws. There are also certain criminal law courses available that may offer insight into the topic. However, since each case is so unique, it is best to approach a reliable attorney for tailored advice.

At Sparks Law Firm, we understand the importance of posting bail, which is why we go the extra mile to help defendants understand their options and meet the requirements of their bail agreement.

Those awaiting trial can count on us to provide expert advice and guidance throughout the bail process and offer rigorous defense.

To learn more, defendants are encouraged to contact us to schedule a free consultation with one of our legal experts.