Dallas Bail Bonds (2023) | North Texas Criminal Defense

What is a Bail Bond in Texas?

For many people, the scariest part of being arrested and taken to jail is the unknown. How long will I be incarcerated? How do I contact my family, my boss, or a lawyer? If you’re arrested for a new charge, you are certainly wondering about the bail bond process.

This post will explain the Texas bail bond process and how our Dallas bail bonds lawyer can help expedite your release.

Understanding Bail Bonds in Texas

Bail is the procedure courts use to allow defendants of an alleged crime to leave jail ahead of their court date. The court sets a bond amount, as we’ll explain later in detail, as a temporary (if paid directly) payment to assure the defendant will return to court when required.

A defendant needs a bail bond to make bail to be released from jail. A bail bond is a court writing that tells the defendant they can leave jail but must return on a specific date in exchange for either a cash bond, surety bond, or personal bond, as laid out in the Texas Code of Criminal Procedure.

Should you hire a lawyer before a bail bondsman?

A  lawyer will be able to determine if the bail bond is within the reasonable and customary range in your area. Additionally, an attorney can ask for excessive bond amounts to be reduced, which could save you a substantial amount of money.

Finally, an attorney will advise you when there are ways to secure a release without a bond, including personal recognizance bonds or a release for mental health supervision.

What is a cash bond in Dallas?

After a magistrate sets the bond, a cash bond is a full payment for the bond amount. The arrested individual pays with their own cash or borrowed cash from family or friends.

The payment is made in full upfront to the court and is completely refunded when the defendant complies with their court obligations.

What is a surety bond in Dallas?

A surety bond is the most common bail bond in Texas. Most people think of these types of bonds if they hear the term bail bond. Someone else accepts the liability in a surety bond, ensuring the defendant returns for their court date.

The person who pays is called a surety, which is often a bail bondsman. Of course, bail bondsmen charge fees for their services. The amount depends on the risk associated with the defendant. For example, a person who poses a flight risk or doesn’t live in the area where they were arrested.

A defendant with an excessive bond amount for a more serious offense is likely to pay a greater fee percentage than someone living and working in the town and charged with a low-level offense.

Money paid to a bondsman as a fee is not refunded. The defendant is paying for the service to have the bondsman front the bail amount. When the defendant has complied with their set court date obligations, they aren’t refunded any cash because they didn’t use their own cash to post bond.

The surety, typically the bail bondsman, has a financial interest in ensuring the defendant returns to court when required. If the defendant doesn’t show up, bail bondsmen will likely use bounty hunters to find them. Plus, there is likely to be a warrant for the defendant’s arrest for failing to appear in court.

A Dallas bail bonds lawyer can help facilitate the process for your loved one.

What is a personal recognizance bond in Dallas?

A personal recognizance bond, or a P.R. bond, is when the court releases the defendant without making them post a cash or surety bond based solely on their promise to return to court as required.

Recognizance bonds are usually given when a defendant has been deemed likely to return by a pre-trial release program interview.

Take note: For some offenses, recognizance bonds are not an option for a magistrate. Some of these serious crimes include capital murder, aggravated sexual assault, aggravated robbery, and burglary. Only the judge presiding over the pending case can authorize a personal bond in such serious cases.

What does a Texas magistrate do when it comes to bonds?

Texas law requires that each defendant be brought before a magistrate within 48 hours of arrest. During this hearing, the magistrate has several objectives, including making sure the defendant understands their rights and determining if a bond should be set and how much.

Bail may not be available if the defendant faces a capital offense, has prior felonies, or allegedly committed the latest offense while on bail or serving probation.

What are the five rules Texas magistrates use to set bonds?

Texas magistrates refer to the Texas Code of Criminal Procedure to help determine a fair bond amount in each case.

1. Bail should be sufficiently high to guarantee the defendant returns for their court date
2. The bond amount should not be oppressively high
3. Magistrates should consider the nature and circumstances of the offense. The more severe the crime is, the higher the bail should be.
4. The bail amount should be such that the accused can actually pay it. Magistrates are not supposed to set an amount that would be impossible for the defendant to pay.
5. Magistrates should consider the safety of the alleged victim and the community. If they believe the defendant is likely dangerous to someone, bail can be set higher.

Magistrates can also set specific conditions on the bond related to the safety of the alleged victim or community. For example, magistrates can require the defendant not to talk to or go near a child, enforce drug testing, require a DNA sample, or require electronic monitoring or home confinement.

Are there set bail amounts for certain crimes in Texas?

Texas doesn’t have set bond amounts for specific offenses. The bond system’s unpredictability and inconsistency is a common criticism in Texas.

Some counties and jurisdictions have publicly set recommended bond schedules to reduce confusion, but these aren’t binding, and bond amounts are often higher because of aggravating factors or risk of flight.

How long can you be held in custody on warrantless arrest in Dallas?

Special bond rules apply to a warrantless arrest, in which magistrates are required to determine probable cause. In misdemeanor arrests, a magistrate must determine the probable cause within 24 hours, or the accused must be released on a bond of no more than $5,000.

In such a case, where the defendant can’t obtain a surety or full bond amount, they must still be released on personal recognizance.

If it’s a felony arrest, a magistrate has 48 hours to determine probable cause. If not, the defendant must be released on a bond of no more than $10,000. Again, if the defendant can’t obtain a cash bond, they must be released on a personal recognizance bond.

In need of a Dallas bail bonds lawyer? Call Varghese Summersett.

Do you or a loved one need help handling a Dallas bail bond? Contact the team at Varghese Summersett. Our criminal defense team will ensure your rights are protected and work to facilitate the quickest possible release from custody.

For a complimentary consultation with an attorney, call 214-903-4000.