How The Courts Set Bail

A probable cause affidavit will be filed by the arresting officer with the court after the defendant has been booked. This is, in essence, the officer’s brief version of what the defendant’s allegations are. The judge will then read this report, and check the criminal history of the defendant. Next, the bail is set by the judge and, depending on how serious allegations are along with the length of the defendant’s prior arrest history, will determine how much the bail will be.

Bail can be set as low as $500 for writing bad checks, and as high as $10,000 or more for violent assaults. First time DWI charges will usually have a bail amount set between $1500 and $3000, if there are no prior arrests. There is no set bail format so the amount can be higher depending on the judge that is reviewing the case.

Normally, it takes 4 – 6 hours for the Sheriff to release someone from custody once the judge has signed the bond and the attorney turns the bond over to Central Booking. The time for the client to be booked into jail by the police is not counted in this equation. This also does not factor in the time that it takes for the lawyer to meet with the client, gather the background information, fill out the bond paperwork, and see the judge. Please be aware that the defendant will likely be in police custody for 6 hours minimum before he or she can be released. There are a few ways to gain release from jail once a bond amount has been set. These four ways are Cash Bonds, Personal Bonds, Lawyer Assisted Bonds and Surety Bonds.

Cash Bail Bonds

Cash bail bonds are a simple matter of depositing the total amount of the bond with the jail. Travis County Jail will only accept cashier’s checks or money orders in the amount of the bail and cash is not an acceptable form of payment. Cash bonds are often not the best option for trying to get someone released from jail for a couple of reasons. It should be noted that because bond amounts are usually set in the thousands of dollars, many people find it difficult to come up with the funds as fast as their family member or loved one needs to get out of jail. The second reason that this is not the best option is because the money will be tied up until the case is resolved.

Personal Bonds

After someone has been arrested, they will be interviewed by the Pre-Trial Services Office to find out if they qualify for a personal bond. If they meet the necessary qualifications, then the accused will be required to pay a $20 PR Bond fee to the office. This is the most inexpensive way to get out of jail but it is also often not the best choice for the accused to use to get out of jail.

When person is arrested late at night, they will not be seen by the judge to have their bond amount set until the next day or even later.

Also, depending on the number of individuals arrested at the time, it can take the Pre-Trial Services Office over 12 hours to approve a bond for an individual. It is not unusual for someone arrested for DWI late at night to be released on PR Bond 12-16 hours later. If at all possible, most detainees want to be released much sooner than that.

Third, the Pre-Trial Service Office uses strict criteria to determine if a person is eligible for a personal bond and, very often, a person will not be approved for a Personal Bond release unless a lawyer is retained.

Lawyer Assisted Bonds

A lawyer can help you get out of jail in several ways.

First, they can speed up the Personal Bond Process often. Even if Pre-Trial Services would not have turned in a bond until sometime in the afternoon, he can sometimes speed up that process and have it turned in sometime shortly after 8 in the morning. This can save your friend or family member from sitting in jail for many unpleasant hours.

Second, they can sometimes get a percentage cash deposit bond approved if the client was not going to be able to qualify for a personal bond. In the majority of cases, you can apply this money to the fee your lawyer charges to represent your friend or family member in court.

Finally, if a person is arrested and booked, but has yet to see the judge to have his or her bond amount set in Travis County, only a lawyer can get him or her out in the middle of the night. This is called a HOBBY RELEASE. There are several circumstances that must be met before a person can be eligible for a Travis County hobby release.

Surety Or Bail Bonds

It is necessary for someone to hire a bail bond company to assure the bond amount in some cases. Bail bondsmen typically charge at least 15-20% of the bond amount to get a detainee out of jail. Of course, it can be more in some cases. The money used to hire a bail bondsman can never be put toward the attorney’s fees in a case.

As you can see, there are a number of ways the Law Office of James Gill can help you secure your friend or family member’s release from jail. Our phones are answered 24 hours a day, 7 days a week. If you are not sure if we can help you, please call us and explain the situation because the odds are we CAN help you. If not, we can point you in the right direction.

Due to the fact that each case is different and special, James Gill offers free initial consultations. We offer flat rate fees and flexible payment plans to assist you financially and allow you to hire us as your Austin criminal defense lawyer so that we can start protecting your rights immediately!