Bail Without Charge In Texas

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Multi-State
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US-00006DR
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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

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

No Bond Hold This could happen if the defendant is considered a flight risk, poses a danger to others, or if there are reasons to believe they may tamper with evidence or intimidate witnesses. In such cases, the judge may issue a “no bond hold,” which means the person will remain in custody until their trial.

The maximum duration of detention without charges in Texas is 48 hours, with consequences for exceeding this limit. Individuals facing criminal prosecution have access to their constitutional rights such as the right to remain silent, an attorney, and Miranda warnings.

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.

The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

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.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

More info

Learn about bail and bond in Texas, including how much bonds cost, how to post bail, and if bail money gets returned after trial. Here are some options to help you bail someone out of jail without money, and why you should work with a professional bail bondsman.For someone in custody for a felony they must wait for the 3–4 days for their 1st court appearance. This allows defendants to post bail directly from custody, without the need for a court hearing. The entire bail amount doesn't need to be paid if a defendant is released under a personal bond, although they'll generally need to pay a fee. Bail in Texas is meant to act as an assurance that a suspect of a crime will not flee if released from custody. In Texas, a person arrested and charged with a crime, except capital offenses, may be able to seek temporary release on bail pending trial. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). When the court allows it, defendants alone can post bail, thus bailing themselves out of jail without sureties or other security such as a bondsman. These companies cover the price of bail for defendants so they can get out of jail but charge them a smaller fee that they have to pay off.

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Bail Without Charge In Texas