how do attorney bonds work in tx

The Texas bailbond agent will post the bail bond once the 10 percent premium is paid. The bondsman then guarantees the full amount of bail to the county they’re licensed in. If the defendant does not appear in any of their court hearings or at trial, the bondsmen is required to bring the defendant, now a fugitive, back to justice.

Full Answer

How do bail bonds work in Texas?

An attorney bond is like a surety bond where you will be released from jail before your trial. With this type of bond, you will pay your attorney a standard non-refundable fee which is usually 10% of your bond amount. This will be used by the attorney to secure your bail bond.

What are attorney bonds?

The bonds company will post the bail and assure the court that the defendant will appear for trials. If you post the bail bond, the court will release you under pending trial, and if not posted, you will remain in custody until after the trial. Texas bail bond companies must have a license from the state of Texas for the bail bond to be accepted.

Can an attorney post my bail bond and represent me?

Feb 17, 2016 · Having an attorney post your bond and represent you in court is a tricky situation. Attorney bail bonds in Texas are a legal practice, and there are attorneys who advertise this service rather openly. But defendants about to face trial have to be careful. They need to understand the situation they are putting themselves in before taking that step.

Is there a criminal court appearance bond in Texas?

As with most states, the Texas bail bonds agent will charge a 10% fee of the total amount of the bail that has been set. So, for a $5,000 bail, a $500 fee will have to be paid. The fee is non-refundable and will provide a defendant with the money needed to make bail and be set free until their court appearance.

How does the bond system work in Texas?

Bail Bonds in Texas. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. If the bail is paid, or posted, the defendant can be released from custody pending trial. If it is not posted, he or she will most likely remain in custody while awaiting trial.Mar 30, 2020

How much of a bond do you have to pay in Texas?

As with most states, the Texas bail bonds agent will charge a 10% fee of the total amount of the bail that has been set. So, for a $5,000 bail, a $500 fee will have to be paid.

Can an attorney post bail for a client in Texas?

Can an Attorney Post Bond in Texas? In the state of Texas attorney are allowed to post bonds for their clients. Texas allows its attorneys to act both as lawyers representing their clients, and as bail bondsman posting their bail.Jun 7, 2016

Do you get your bond money back in Texas?

If you posted cash bail and complied with all of the court's conditions, you will typically get your money back when your criminal case is completed. If you posted a bond through a bail bondsman, however, they will keep the 10 percent or other bond premium you paid them, as that is nonrefundable.Apr 29, 2021

How does the bond system work?

A bail bond is a way for a defendant to pay the jail to get out of jail until their court date. If the defendant cannot afford bail, they must wait in jail until their court date. In many jurisdictions and situations, you do have the option of paying the full amount of bail yourself.

Where does bond money go?

The court holds bail money until the case is resolved. So long as the arrested defendant appears in court at the designated required dates, bail money will be provided back to the person who posted it. In some cases where the defendant is convicted, bail money can be used to pay court fines.Oct 26, 2021

Can you bond out on a felony charge in Texas?

Felony Charge Bail Bond in Texas Felony charges are considered the most serious by the courts. Offenders facing these charges will likely be in for a lengthy and stressful trial. PCS Bail Bonds helps make it so defendants can be out of jail and in their homes while dealing with these charges.

How long can jail hold you after bond is posted in Texas?

72 hoursIt depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

Can you go to jail for not paying bail bonds in Texas?

Legal Ramifications It's not a violation of the law to fail to pay your bond fee, but it can still land you in jail. If you don't pay the agreed-upon fee, the bond agent has every right to relinquish responsibility for you. That means they don't have to pay your bail.Mar 25, 2021

What is a bail bond?

A bail bond is a surety bond in the amount of a defendant’s bail. A bonding company, bail agent, or bail bondsman provides a bail bond in exchange for collateral that releases a defendant from jail until his or her court date. A criminal bail bond exists for defendants facing criminal charges and usually entails a much larger bail amount.

Why do we need bail bonds?

The bail bond system exists to ensure that individuals charged with crimes appear for their court dates as required while allowing them to move freely between booking and arraignment.

What happens after someone is arrested in Texas?

After someone has been arrested for a crime in Texas, the judge hearing the case may require the individual to remain in prison until trial, release the individual on his or her own recognizance to appear in court at the required time, or require a bail payment for release until trial. The justice system ensures that an individual cannot face ...

What is bail insurance?

Bail is essentially an insurance policy that allows an arrested individual to move freely until trial, with assurance he or she will appear as required on his or her court date. Since bail is typically a large amount, often thousands of dollars, most defendants cannot pay their bail out of pocket. Bail payments must be cash, so ...

What happens if a defendant does not appear in court?

If the defendant receives a bail bond and does not appear in court as required, the bail bondsman or bail agency that posted the bail bond will take the defendant’s collateral to pay off the remaining 90% of the bail amount, and the defendant is liable for the full amount.

What happens if you post bail?

If you ever post bail, be sure to carefully review the stipulations of both the bail agency or bail bondsman and the rules set by the court. Violating these rules could lead to significant penalties and influence your sentencing.

What is the justice system?

The justice system ensures that an individual cannot face sentencing until a jury of his or her peers has delivered a guilty verdict following a legal trial, but the justice system must also ensure the safety of the public .

What is Attorney Bonds?

The reason we say defendants should be careful when hiring a lawyer who also intends to serve as a bail bond agent is because of the potential conflict of interest. The thing to remember about bond is that it is based on the defendant showing up for court. If the defendant does not show up, the bond is lost.

Let Everyone Do Their Job

Though it may sound somewhat appealing to have your attorney also act as your bail bond agent, thinking deeper about the situation will show that it is actually not the best idea. At PCS Bail Bonds, we believe you should let those professionals do their jobs separately.

How much does bail bond cost in Texas?

Bail Bonds Charges & Fees in Texas. As with most states, the Texas bail bonds agent will charge a 10% fee of the total amount of the bail that has been set. So, for a $5,000 bail, a $500 fee will have to be paid. The fee is non-refundable and will provide a defendant with the money needed to make bail and be set free until their court appearance.

What is cash bail?

A cash bail means that the full amount of the bond is paid for in cash to the jail or court. While you will get a 100% refund of your money, this is a costly option. However, most cases generally use a surety bond which is arranged by a bail bonds agent. This will require a preset premium being paid to the agent and the bail will be covered by ...

How to get out of jail in Texas?

In Texas, there are three ways a person can be released from jail; Released on Own Recognizance (ROR) Cash Bail. Surety Bail. Being released on their own recognizance does not require any money being used for bail purposes. The defendant simply signs a note stating they would return for any and all court appearances in the county.

How long does a person stay in jail?

When a person is charged with a crime and taken to jail, there is a booking process that will usually last for an hour or two before the defendant is given a court date where they will face their charges. At this point, the individual may choose to remain in jail until their court date or get a bond to post bail.

What happens if a defendant does not appear in court?

If the defendant does not appear in any of their court hearings or at trial, the bondsmen is required to bring the defendant, now a fugitive, back to justice. If the defendant cannot be found in a reasonable time, the bail bonds company is liable for the entire bail amount.

Can bail bonds be written in Texas?

Texas Bail Bonds Are Different Per County. Each Texas bail bonds company can only write bonds in the county in which they are licensed. A bailbonds license does not extend throughout the state as is typical in most US states. Each county a bondsman wants to operate in they must be licensed through that counties Bail Bond Board.

What is appearance bond?

An Appearance Bond is a contact between the parties and the Court. It will have a list of possible restrictions and/or conditions that the court has required of the accused before being allowed to be released on bail. Those checked by court or jail personnel will be in effect.

What is bail money?

Bail is a process by which a defendant being held for trial is released in exchange for an amount of money, to be held as a guarantee of their appearance at all court hearings pertaining to the charges for which they were arrested. The amount of bail money is supposed to be great enough to induce the person to show up in order to recover the bail money.

Can a court revoke a bail bond?

The court may revoke the bail bond and cause you to have to post a new higher bail bond in order to be released. There may be other more severe penalties or you may have committed a new crime. It would be well advised to seek the advise of an attorney for a more complete explanation.

Can you post bail in Texas?

For most crimes, they may be allowed to post bail immediately, while for more serious offenses they will need to wait for a judge to give them a bail hearing to determine their eligibility. The amount of bail varies by jurisdiction and by crime, but the judge usually has some discretion as well. Bail bonds in Texas usually have fairly standard ...

How to reduce bail?

The procedural steps involved in obtaining a bond reduction typically include: 1 Filing the motion, which includes, at a minimum, a statement summarizing the current bail amount, the nature of the charges, and an explanation of why the defendant cannot make bail; 2 Possibly including prior findings in order to support your statement of indigency, such as any court orders appointing counsel due to the defendant’s financial circumstances, bank records, copies of payroll, etc.; 3 Contacting the court to set a hearing date once filed, as well as strategizing, with your attorney, on what evidence you want to introduce at the hearing.

Can bail be paid in cash?

This can occur somewhat frequently, as bail can typically only be paid in cash. The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond reduction” or “writ of habeas corpus”—to lower the bail. You and your attorney may also need to file additional motions to continue ...

What is a bond title in Texas?

"Bonded Title" is a term commonly used when an individual or firm has obtained a Certificate of Title Surety Bond in order to register a motor vehicle. The Transportation Code §501.053 allows for a bond in the amount of one and one-half times the value of the vehicle, that is effective for a period of three years, this accompanies the documents presented to the County Tax Assessor-Collector, to be filed with the Texas Department of Motor Vehicles (TxDMV) to obtain a motor vehicle title when the previous owner of the motor vehicle does not have possession of the original title.

What is a license bond?

License and permit bonds are bonds required by state law, municipal ordinance or regulation that is required to be filed prior to being granted a license or engaging in a particular activity. You may find some information including permit and license applications by visiting the Texas.gov website at texas.gov. Some common surety bonds that may be required by statute in order to obtain a license or a permit from a state agency, or to meet financial responsibility, are listed below with a link provided for additional information.

What is a surety bond?

Bail bond surety - means a person who: (A) executes a bail bond as a surety or cosurety for another person ; or (B) for compensation deposits cash to ensure the appearance in court of a person accused of a crime ( Chapter 1704) Bonding business - means the solicitation, negotiation, or execution of a bail bond by a bail bond surety.

How long is a maintenance bond?

Maintenance Bonds or Maintenance Guarantees for a term of up to 12 months are normally included with the Performance Bonds. Separate Maintenance Bonds may also be executed where no Performance Bond is required. The coverage provided by a Maintenance Bond is a guarantee against defective workmanship and materials.

What is a bid bond?

A Bid or Proposal Bond is often required when construction contracts are to be let out for bids. The successful bidder is expected to furnish the necessary Performance and/or Payment Bond in order to start work on the project. Default results when the lowest bidder does not obtain the Performance and/or Payment Bond to enter into the contract. The coverage under the Bid and Proposal Bond is limited to the difference between the successful bid and the next low bidder that can qualify for the contract, subject to the limit of the bond.

What is a payment bond?

Payment or Labor and Material Bonds. A Payment or Labor and Material Bond is also required for: Federal construction projects ( The Miller Act (40 U.S.C., Sections 3131-3134)); When a contract is in excess of $25,000 for public work (Government Code, Chapter 2253 ); Private work under Property Code, Chapter 53.

What is SBA guarantee?

The Program#N#The U.S. Small Business Administration (SBA) can guarantee bonds for contracts up to $2 million, covering bid, performance and payment bonds for small and emerging contractors who cannot obtain surety bonds through regular commercial channels. SBA's guarantee gives sureties an incentive to provide bonding for eligible contractors, and thereby strengthens a contractor's ability to obtain bonding and greater access to contracting opportunities. A surety guarantee, an agreement between a surety and the SBA, provides that SBA will assume a predetermined percentage of loss in the event the contractor should breach the terms of the contract.

What is bail bond in Texas?

In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. If the bail is paid, or posted, the defendant can be released from custody pending trial. If it is not posted, he or she will most likely remain in custody while awaiting trial. The amount of bail depends on the offense being charged and ...

How is bail posted?

Bail can be posted in 3 different ways: cash bail, where the defendant provides the court with cash or a check for the full amount, bail bond, where a bail bondsman posts bail on the defendant’s behalf, for a fee, and. property bond, where the court puts a lien on the defendant’s property, often a house. 3.

What is PR release?

PR release, as it is often called, allows defendants to await their trial at home without posting bail, at all. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. Defendants who post bond have to abide by the conditions of their release.

What happens if you miss a court appearance?

Missing a required court appearance can lead to bond being forfeited and kept by the court. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. 1.

Can bail be reduced?

The amount required to post bail can be reduced in a bail hearing. It can also be reduced if the case gets delayed. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. Those motions outline why bail should be lowered.

What is a restraining order against a defendant?

restraining orders against the defendant, the defendant was on probation at the time of the arrest, the defendant is a flight risk, or. the defendant is a risk to someone else’s safety. Courts can deny bail in some cases, often involving serious charges. These can be for capital felonies like murder.

Can a defendant be released without bail?

Bail is generally higher for felonies than for misdemeanors. Courts can even deny bail, completely. They can also release defendants for no bail, at all.