| Upon arrest the citizen
is usually taken to the jail
of the arresting agency (i.e.
Local Police Department, County
Sheriff, or Constable, or any
number of smaller municipalities
in and around larger municipalities).
All citizens arrested, if not
released by the arresting agency,
are eventually taken to and
booked into the County Jail.
The U.S Constitution, the Texas
Constitution and the Code of
Criminal procedure recognize
the Citizen’s right to
release on reasonable bond.
Once a person is arrested, the
person making the arrest must,
without unnecessary delay, take
the accused before a magistrate.
At that appearance, the magistrate
must inform the accused of his
constitutional rights and determine
whether probable cause exists
for the arrest and whether a
bond should be set. This procedure
usually occurs within twenty-four
hours of the arrest.
In most Texas Counties, especially
the larger ones, bonds are usually
determined based upon a “bond
schedule” approved by
the Judges currently presiding,
which sets a standard bail amount
for the various degrees of crimes
charged. Under certain circumstances,
bond is denied to an accused.
The judge who is assigned to
the case may set bail, reduce
or even raise the bail amount
depending on the circumstances.
In order to be released on bond,
a citizen can achieve his/her
release 3 different ways:
 |
Post a
cash bond with the local
County Bonding Department.
If the person on bond
appears as directed, once
the case has been resolved,
the cash bond will be
returned, usually within
6-10 weeks. |
 |
Hire a
professional bondsman
to post the bail for you.
A professional bondsman
will charge a fee for
his service, usually anywhere
between 5-20% of the bond,
depending on the circumstances
and collateral. The bondsman
is licensed and has an
agreement with the County
holding the citizen to
guarantee the appearance
of the citizen at all
court ordered appearances;
otherwise, the bond is
forfeited and the bondsman
is responsible for the
entire amount of the bond. |
 |
Most counties
in Texas, including Harris
County have a Pretrial
Service Agency that administers
the pretrial release of
accused citizens. Based
upon an interview and
the recommendations of
the Pretrial Agency, the
Judge will decide whether
or not to grant a pretrial
bond for a particular
defendant. Release in
this manner is far less
expensive for the accused.
However, the Pretrial
Services Agency will most
likely require more effort
and conditions than a
bonding company. |
There are many reputable and professional
bonding companies from which
to choose. If you would like
a recommendation of several
that have reliably responded
to our clients over the years,
please contact our office for
a recommendation.
Expect the entire process to
take anywhere between 12-18
hours. Unfortunately, this is
commonplace and unless the citizen
has not been taken before a
magistrate before the expiration
of 24 hours for a misdemeanor
and 48 hours for a felony, no
meaningful mechanism exists
to speed the process. If release
on bond takes longer, then the
advise of an attorney should
be sought who can contact the
Courts and the Sheriff’s
Department to determine the
reason for the delay and usually
speed release.
 |
"NO
BOND" |
A "no bond" designation means
that the citizen is not afforded the right
to a reasonable bond and will not be released
if:
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The citizen is currently
on probation or on bond for a felony. |
 |
The citizen is charged
with a crime of violence. |
 |
The citizen has previously
been sentenced to prison two or more
times. |
 |
The citizen has been
arrested pursuant to a "blue warrant"
(violation of parole). |
If a "no bond" has been entered
in a particular case, your attorney should
investigate the circumstances of your particular
case and approach the Judge assigned the case
to request a bond. The "no bond"
designation does not always mean that a bond
will not be set and may merely be a mistake.
In any event, it will take some time to correct
the mistake or discuss your particular case
with both the Judge and the Assistant District
Attorney, usually the next business day. Judges
normally will not set bonds or intentionally
set "no bond" on cases when the
citizen is not in custody.
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