Getting Out of Jail on Bond -- And How to Save a Few Bucks Doing It

December 21, 2011

The most pressing issue any newly arrested person has is the earliest possible release from jail. And knowing how to minimize the cost and bother!

The first step is to call a lawyer who is a Board Certified Specialist in Criminal Law. They compromise less than 1 percent of the lawyers in Texas and are easily the best-qualified criminal lawyers. He will know the bondsmen who will negotiate for the best deal, and the judges who have the power (and perhaps the inclination) to reduce the bond amount and, overall, how to end up with the best terms and conditions of release. Texas criminal lawyers are experienced at negotiating favorable terms with bondsmen that can save you, the client, a lot of money.

If contacted early enough, an experienced attorney can often get a favorable agreement on a bond amount from the prosecutor, and sometimes an agreed "Personal Recognizance" bond (at little or no cost) in advance, and "walk through" processing so you do not have to go to jail at all.

That should be your lawyer's goal.

It is unlikely you can arrange that yourself, or with a "general practice" lawyer.

The most important factors a judge will consider in setting a low bond at a bail hearing or bond reduction hearing are as follows:

- The nature and seriousness of the crime charged
- The individual's criminal record
- Even more important than his criminal record, his history for showing up in court on time in previous cases
- Danger to the community or to any individual, such as the victim of the crime
- Ties to the community, such as children in school, property ownership, long-time residence, etc. and
- Intangible factors such as reputation, status in the community and such

Judges also know that the most frequent reasons for fleeing (jumping bond) is inability to pay the attorney, or the belief (often entirely true) that the attorney is not doing enough to prepare the case.

Judges like to hear in bond reduction hearings that the attorney has already been paid, because almost no one runs off after paying a good attorney. It pays in many ways to have an attorney with a winning reputation who keeps his client informed and comfortable with the work and progress on the case.

It is important to make bail, and make it early, as Texas defendants can spend as much as two years in jail awaiting trial.

What Is a Bail Bond?

Bail bonds are a written agreement to pay a sum certain that will be forfeited to the court if you do not make all your court appearances. If you fail to appear, your bond will be forfeited, you will owe the court or the bondsman the bond amount and a warrant for your arrest will be promptly issued and you will be arrested.

Usually after such a failure to appear, or sometimes even for being late to court, the judge will raise the bond, necessitating payment of further fees. It really pays to show up, and show up on time.

Your lawyer or bondsman will help you avoid this common problem by keeping you informed of all court dates.

Bail Bond Schedules

Unfortunately, some counties have bail bond schedules for most crimes. The more serious the crime, the higher the bond, without taking into account the facts of the case or the bond worthiness of the defendant.

This "one size fits all" is a problem for the inexperienced attorneys, as a bond reduction motion and hearing is often required to get the bond lowered.

Sometimes an appeal is necessary. An appeal to a higher court is often successful in getting a court-ordered reduction in the required bond. The law forbids using a high bail amount to punish prior to trial, and you will get a very fast decision from the higher court. The appeals courts do not generally follow "Bail Bond Schedules."

Experienced attorneys often win substantial cost reductions after a hearing, thus saving a client thousands of dollars in bondsman's fees, but it sometimes takes a week or more.

Be sure to pick an attorney with lots of criminal appeals experience. It might save you quite a lot of money.

Whether to wait and often save thousands of dollars or pay a bondsman more now for quicker release should be worked out with a joint meeting with your family as early as possible.

Conditions of Bond

As a condition for bond, Judges often enter conditions specific to the case, such as abstaining from drugs or alcohol, avoiding schools or staying away from certain people.

The fewer the conditions, the better.

The Types of Bond

- Personal Recognizance Bond: This is by far the best. You sign a promise to appear, and to pay the court a certain amount if you do not show up. It is far easier for a criminal specialist to get a personal recognizance bond. A very small fee is usually required for this. A good attorney will always seek such a bond if there is any reasonable hope of getting it.
- Cash Bond: This is the second best, as there are almost no lost fees. You put up the full amount of the bond in the registry of the court, for example, $10,000.00, and you get it all back at the end of the case, win or lose. Judges know that few people run away after putting up a cash bond. It also has the added advantage of being assignable to your lawyer for his fee. Judges like this arrangement too, because the defendant is sure to show up.
- Property Bond: Non-homestead appraised real estate can be used as bond security. The disadvantage of this method is that it tends to take longer to approve, while you sit in jail. However, it saves a lot of money on bondsman's fees.
- Surety Bond with a Bail Bondsman: This is the most common type of bond. Bail bondsmen are licensed to write bonds. Their signature will get you out of jail, and promptly. The problem is the costs. They demand a 10 percent, or as much as a 15 percent, fee of the face amount of the bond (sometimes payable over time), which you will never get back. Further, they usually demand "security" -- land, a business, jewelry, personal property of value, even cash for much or all of the face amount of the bail.

A competent criminal lawyer will usually be able to negotiate a better deal for you than you can yourself, as the bondsmen strive for repeat business from good lawyers, because the clients of a good lawyer almost never run away.

However, if you fail to appear, the bondsman must pay the court the amount of the bond, unless he can promptly catch you by hiring a "bounty hunter," like the TV character "Dog, the Bounty Hunter."

Article provided by the Law Offices of Ray Taylor & Associates, P.C.
Visit us at www.raytaylorlaw.com