Can You Post Your Own Bail Bonds in Texas?
If the state accuses you of a crime in Texas, then you will likely either have to stay in jail until your court date or post bail bonds to secure your release. Posting your bail bonds allows you to be released from jail and remain out until your day in court arrives, as long as you abide by the conditions of bail set by the court and the bail bonds company. One important question about the bail system is: Can you post your own bail bonds in Texas?
So today, the team at Southern Bail Bonds Dallas is here to answer some common questions about posting bail.
How Do Bail Bonds Work?
Bail, as a concept, has existed since the Middle Ages. The original purpose was to free up prison space while the accused were awaiting trial. It is impractical for a jail to hold all defendants until their court dates, so bail allows inmates to secure their freedom until their court appearance.
Bail amounts vary depending on the jurisdiction, defendant’s history, bond schedule, and specific criminal charge. Generally speaking, the courts will return your money after your appearance. The point of paying bail is to ensure you show up for all of your scheduled court dates.
Posting Bail Yourself: Can You Do It?
In short: Yes. You can post your own bail bonds in Texas if you have the funds on your or on your credit card that is in your possession at the time of your arrest. Alternatively, some can add the funds to your inmate account where you have access to it. However, you have to have the total cash bail amount if you want to post bail. For example, if the judge sets your bail bond amount at $10,000, you’ll have to have the full amount in cash on hand, on a credit card in your name and in your possession at the time of your arrest or have a family member add it to your “books”.
If you do not have the entire amount, you can ask someone else, such as a family member or friend, to put up the money or have them contact a local bail bondsman to assist.
What Are Bail Bonds?
If you don’t have the money, you can get a bail bond. With bail bonds, you only pay a percentage of the bond amount upfront, and the bondsman will cover the rest of the bail money.
You can think of the bail bonds process as a way to finance posting your bail. Depending on the amount of the bond, the person working with the bondsman may need to provide collateral (car title, house, etc.) to back up the bond in case the defendant does not show up for court. As long as the defendant abides by all of the bond conditions set by the court and the bondsman, the cosigner will get their collateral back.
Bondsmen will also look at specifics about the case to determine whether they will write the bond. Factors that can influence the bail bond company when deciding to write the bond for a defendant include:
- Criminal history
- Employment history and status
- Credit score of the cosigner (only a few bond agencies use credit reports, most do not).
- Homeownership and family ties within the area.
- How long the person has lived in the community.
Typically, your bail bondsman will charge you around 10-20% of the total amount of the bail. Once the court appearances are completed successfully, there are no other costs involved. The court DOES NOT return any funds to the bail bondsman and there are no funds returned to the cosigner. The bondsman’s fee is to take on the responsibility of ensuring the defendant appears in court as required.
Bail Bond vs. Personal Bond
The term “post bond” can refer to either bail bonds or personal bonds. Bail bonds involve providing surety or a guarantee that the defendant will appear in court as required while they are awaiting their case outside of jail.
With a personal bond, the court will release the dependent on their own promise that they will appear in court as often as required to reach a decision on their case. This is pretty much a ‘pinky swear’ that they will be on their best behavior and appear in court. Personal bonds should be reserved for the lightest of crimes, but unfortunately, they have been given to people who have committed violent offenses as well. This is a very controversial subject playing out in the United States right now.
Keep in mind that even in cases where the defendant gets a personal bond, the judge can still place restrictions on their release. Also, keep in mind that personal bonds come with expectations that many defendants are not prepared to accept. The defendant may still be required to do check-ins at the court or pre-trial services, and may be required to perform random drug screenings or attend classes.
With personal bonds, there is nobody responsible for reminding the defendant to complete these requirements. Nobody, like family or friends, is vested in seeing that the defendant follows through with required tasks. No bondsman is involved to hold that defendant accountable for checking in or getting requested documents to the courts, etc. Often times, personal bonds sound really good until the defendant realizes they’ve forfeited that bond because they forgot to do something that was crucial. Generally, they find out their bond has been revoked when they get re-arrested with no warning!
At this point, many courts will not allow a new personal bond. They may not allow a bond of any type. If they do allow a bond, it will most likely be a surety bond that will require cash or a bondsman to get involved. Additionally, the bond amount will most likely be double what the personal bond was because the judge needs to get the defendant’s attention since the previous personal bond did not work.
Bail Bonds Process in Texas
After your arrest, the judge will decide the appropriate amount for your bail at your arraignment hearing. After that, you can either pay the cash bail in full, find someone else to post bail, or contact a bail bonds agency. A criminal defense attorney can help you evaluate your bond options but they are not necessary when posting your bond, so be careful about dishing out funds to an attorney just to get information on posting a bond.
After paying, you’ll be free to leave jail and return home. You still need to show up for your court dates, and in Texas there is almost always more than one for each criminal charge. If bonds are posted for your release and you do not show up for your court dates, the courts will forfeit your bonds and issue warrants for your arrest. If the bond was posted in cash with the courts, that money will not be returned. If the bail bonds were posted through a bondsman, you and your cosigners will have a very limited amount of time for you to return to court before they are ordered to pay the full amount of your bail bond. If the cosigner used collateral to secure the bond, that collateral will be liquidated and used to pay the courts.
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Posting bail is one of your constitutional rights and is an integra