How Does Bail Work in Central Texas?

On television and in the movies, bail seems to be a pretty straightforward process. The judge announces, “bail is set at X dollars,” bangs the gavel, and the defendant convinces a loved one to get the money together. Depending on the dollar amount the judge orders and the defendant’s or their loved one’s finances, the defendant either makes bail and is released or stays in jail until their case goes to trial or is dismissed.

But that’s Hollywood, not real life.

In real life, the bail process is somewhat more complex. For instance, several factors influence the amount of bail set – or if bail is even possible. Also, defendants have more options than their own money or their loved one’s bank accounts and assets. A lot happens between the moment the judge’s gavel crashes down and when a defendant who has met bail is released. If you or someone you care about has been charged with a crime, it’s important to understand how bail works in Central Texas. One of our criminal defense lawyers in Killeen or Copperas Cove can help.

What is bail?

First, we should clear up any misconceptions about what bail is and what it is not. Simply put, bail is the security put up by someone charged with a crime. This security is used to guarantee the defendant will appear in court. In Texas, bail can be a personal bond or a bail bond:

• Cash bond. This is cash that a defendant can pay to the county up front to cover the cost of bail. Cash bonds can be posted for any bond regardless of the set amount of the bond or the type of offense. The cash will be refunded to the defendant after his or her case is disposed of by a dismissal, probation, jury trial or some other conclusion to the case.
• Commercial bail bond. A bail bondsman will issue a bond to the county, guaranteeing that you will appear for your court dates. In return, the defendant usually pays 10% to 20% of the face amount of the bond to the bondsman in a non-refundable fee. So, for example, if your bond is set at $5000, you will pay a non-refundable fee of $500 to $1000. If the bond is set at $100,000, you’ll pay a non-refundable fee of $10,000 to $20,000. Bond companies will normally request a co-signer and collateral for higher bonds. If the defendant fails to appear in court, the bail bondsman must pay fees to the county up front and may have to pay half or all of the face amount of the bond to the county. Any property or assets used to secure the bail bond may have to be surrendered to the bail bond agent.
• County PR (personal recognizance) bond. The county may agree to offer you this type of bond if you meet certain eligibility requirements and for non-violent offenses. You may pay nothing in fees or up to 3% in non-refundable fees. You will have to request and apply for the county PR bond.

Bail is not a “get out of jail free card.” There are specific conditions that the defendant must adhere to or face having their bail revoked. Bail is a refundable deposit used as collateral to ensure the defendant returns to court for all required proceedings, including trial.

Should I hire a bail bondsman?

Being arrested and charged with a crime – or having a loved one in this situation – can be terrifying. The wheels of justice move slowly, and the idea of sitting in jail while awaiting court dates is not something many people find appealing. Even if the court offers a bond, the amount may be too much for you. This is where a bail bondsman comes in, and the decision to hire a bail bondsman should not be taken lightly.

Some bail bond companies set very high, unreasonable, and unfair rates for the defendant. It is important to sign a contract with the bail bondsman and to get receipts for your payment. You should also check in with your bond company every week.

Our law firm can help you find an honest and trustworthy bond company that sets reasonable rates and won’t gouge you on fees.

Additionally, a bail bondsman may not be necessary if you have an experienced criminal defense lawyer fighting on your behalf. A knowledgeable defense lawyer may convince the court to reduce the amount of bail to an amount that you and/or your loved ones can afford without the help of a bail bondsman. This is usually a better option. It is important to note that bail bond agencies exist to make money, and they always collect their service fee. Even if you adhere to the terms of your bail and the bail bond is dissolved, you still owe the service fee. Depending on the amount, this may present a financial hardship that could result in the bail bondsman taking anything that you or your loved ones put up as collateral for the bond.

What factors determine the terms of bail in Texas?

Here in Texas, the terms of bail are determined by several key factors. They’re all aimed at ensuring you return for court proceedings while protecting public safety. Here’s a breakdown of the main considerations that judges weigh when setting bail:

• The severity of the offense. The seriousness of the crime is one of the most significant factors in setting bail terms. Generally, higher bail is set for more severe offenses, such as violent crimes or felonies, than for lesser offenses, such as misdemeanors. For example, bail for a violent felony like aggravated assault is typically much higher than for a minor theft charge.
• Criminal history of the defendant. Defendants with previous convictions are often assigned higher bail amounts or stricter conditions, especially for similar offenses. A history of failing to appear for court dates or violating past bail terms can also lead to increased bail or more restrictive conditions.
• Flight risk. Judges also assess the likelihood that a defendant might flee or fail to appear for trial. Factors like strong community ties (family, employment, or property ownership in Texas), the length of time the defendant has lived in the area, and any previous history of fleeing from legal obligations play a part in determining this risk.
• Threat to public safety. If the judge believes the defendant poses a potential risk to the public or to specific individuals, they may set a higher bail or impose conditions to minimize that risk. In some cases, the judge may even deny bail altogether, particularly for severe offenses where the defendant is considered a substantial danger to the community.
• The financial situation of the defendant. While bail is intended to be accessible, judges often take a defendant’s financial resources into account. Bail amounts and conditions may be set within a range that ensures the defendant has enough incentive to return to court without placing an undue burden on them. In cases of financial hardship, defendants can sometimes request a reduction or use a bail bond agency.
• Specific bail conditions in Texas. Texas courts can impose conditions on bail that are specific to the circumstances of the offense or defendant. Common conditions include no-contact orders (especially in cases involving domestic violence), restrictions on travel, curfews, electronic monitoring, or substance abuse testing.
• Other factors considered by Texas judges. Judges may also consider the defendant’s health, employment status, and responsibilities, such as family care when setting bail. Any special circumstances related to the case or the defendant’s background can play a role, and defense attorneys can argue for favorable bail terms by presenting these types of personal information.

What are the types of bail conditions?

Some defendants facing minor charges and who have strong ties to the community may be released on “their own recognizance.” This means they don’t have to pay bail and are released based on their promise to show up in court on their scheduled date.

In other cases, bail may be required, meaning the defendant has to pay a specific amount to be released. Many defendants work with bail bond agencies, which cover the bail amount in exchange for a percentage of the total bail as a fee.

Bail can be denied if a defendant is considered a flight risk, has a criminal record, or if the crime could lead to a death penalty sentence.

The terms and amount of bail can also vary depending on whether the case is in state or federal court.

Our experienced Killeen and Copperas Cove criminal defense lawyers help clients prepare for their bail hearings by presenting factors that support release on recognizance or a lower bail amount. If bail is set too high before we’re involved, we work to reduce it.

Speak with a criminal defense lawyer today

If you or a loved one is facing criminal charges in Central Texas, it is vital that you speak with Mary Beth Harrell, a criminal defense and DWI lawyer. Our criminal defense lawyers in Killeen and Copperas Cave defend clients throughout Central Texas, including Temple, Belmont, Waco, and Coryell and Bell Counties. We can help convince the court to grant bail and may be able to argue that it be set at a lower amount. We fight aggressively on your behalf and work hard to ensure you receive the best possible outcome at every stage of your case. Call us or complete our contact form today to schedule a consultation.