Bail In Criminal Procedure In San Antonio

Category:
State:
Multi-State
City:
San Antonio
Control #:
US-00006DR
Format:
Word; 
Rich Text
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

If you can't make bail in Texas, you will stay in jail until you have served your sentence in full, have completely beaten your case through a not guilty verdict or dismissal, or until you are released on probation. To finally resolve a case, it can take anywhere from a few months to a few years.

If the defendant fulfills their obligation to appear in court, the bail bond company recovers the full amount of the bond. Conversely, if the defendant fails to appear, the bail bond company loses this amount, and the defendant may be liable for the financial loss incurred by the bond company.

Stay in the state of Texas until trial. Do not use any drugs prohibited by law or by the court (which even can include prescribed narcotics). Work at suitable employment. Report on a regular basis to a probation officer and notify such an officer of any address changes.

Nature of the Crime: PR bonds are more likely to be granted for non-violent offenses or first-time offenses. Serious crimes, such as violent felonies, are less likely to qualify for a PR bond. Criminal History: Defendants with a clean or minimal criminal record are more likely to be considered for a PR bond.

Whether a bond is granted is entirely up to the judge's discretion—they may sometimes deny a personal bond if they assess that there may be a risk of repeat offenses, non-compliance, or a danger to public safety.

Nature of the Crime: PR bonds are more likely to be granted for non-violent offenses or first-time offenses. Serious crimes, such as violent felonies, are less likely to qualify for a PR bond. Criminal History: Defendants with a clean or minimal criminal record are more likely to be considered for a PR bond.

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

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Bail In Criminal Procedure In San Antonio