Posted on

Did You Get Locked Up? Here’s How Bail and Bail Bonds Work!

Happy guys in casual hugging each other. Close friends meeting on outdoor building terrace, embracing and greeting each other. Bonding concept

Have you or a loved one recently been thrown in jail? Are you confused about the bail process and what it means for your case? If so, then you need to learn as much as you can about bail and bail bonds.

Doing so can give you leverage, even in a murky situation. Knowing your options could mean the difference between sitting in jail or getting some freedom leading up to your court dates. It never hurts to learn more.

See below for an in-depth guide on how bail bonds work, as well as answers to other common questions regarding bail bonds.

What is Bail?

Everyone has heard of the phrase: “making bail”, but very few people actually understand the role that it plays after someone is arrested. 

Bail is the technical term used to describe the predetermined amount of money that a court sets for someone that’s been put in jail. If this bail is paid for in cash, then it allows the defendant (the person in jail) to be released from jail until their court date (which is also predetermined). 

Sounds easy enough, but here’s the catch: courts intentionally place the bail at a very high threshold. It’s often thousands of dollars. 

Why would they do that? To try and ensure that you can’t cover the bail. Most people don’t have $20,000 or more in cash to be placed towards paying bail, and if they do, then they’ll be sure to attend every court date that they’re given to avoid further penalty.

That’s the entire thought process around bail: to give the court insurance. Since the person in jail often can’t cover the cost of bail, they reach out to trusted bail bondsmen to post the bail for them. In doing so, the defendant is allowed to be released from jail on the understanding that they appear for their upcoming court date(s).

What Are Bail Bonds?

Now that you know what bail is, what are bail bonds? What does the term mean and how can it help you during this hectic time? 

As we just covered, when a defendant can’t afford to post bail for themselves (which is usually the case), they hire a bail bondsman to come in and post the bail for them. After that, the defendant is allowed to return home and await their court hearing.

Even though the defendant doesn’t have to sit in jail, there are still certain responsibilities that they are on the hook for. Those responsibilities depend on the case.

For civil cases, a bail bondsman will use a civil bail bond, which ensures that the defendant will pay back the entirety of the bond with interest as well as any additional costs the court assigns to them.

For criminal cases, a bondsman will use a criminal bail bond. This insinuates that the defendant will appear for his or her trial at the place and time that the court summons them. It also ensures that they will pay back the fines that the court assigns to the defendant. 

How is the Bail Bond Paid?

Once a judge sets the bail amount, the defendant can choose whether or not to post the bail. If they can’t afford it themselves, then they can hire a bail bondsman with the understanding that the defendant pays 10-percent of the total.

The rest of that bail bond is secured through various collateral that you might have. For example, you may use your car as collateral for your bail bond. 

Once all of the math adds up, the bail bondsman will post the bail, thus allowing you to return home to your family.

Why Are Bail Bonds Important?

You probably have a few answers for this question by reading this far into the article already. It’s no secret that being arrested is one of the most stressful moments in a person’s life. It doesn’t just affect them, but their loved ones as well.

Without bail bonds, most people wouldn’t be able to afford to post their bail. In other words: most people wouldn’t have any way to get out of jail before their court date.

That means that you’d be away from your family for what might be several months. There’s no way for you to get your affairs in order or reconnect with your loved ones before the court date occurs.

A bail bond ensures that you have time with your family during this time. Rather than sitting in jail, you can make the most of your time and try to start the path to correction.

What Happens During Court?

As we’ve touched on already, the bail is posted with the understanding that the defendant appears for their scheduled court date. But what happens from there? 

If the defendant doesn’t appear for court, then they’ll be forced to pay for the bail bond via the assets they used as collateral.

If the defendant does appear, then the bail bond is no longer needed. You’ll be able to receive all your collateral with no risk of losing it. Everybody wins and your court will conclude as quickly as possible.

Consider Bail Bonds for Your Situation Today

Now that you have seen an in-depth guide on what bail bonds are and why they’re so important, be sure to use all of this information to your advantage.

Take the time to read this article for more information on the impact that coronavirus has had on court proceedings. To get started, call us right away at 915-877-9293 and we will be happy to assist you further.

Posted on

Misdemeanor Bonds vs Felony Bonds: The Basics 

Bail bond concept. Gavel and dollar banknotes.

Bail bond concept. Gavel and dollar banknotes.

As you may already know, the difference between a misdemeanor and a felony is crucial in determining the severity of your punishments. When most people think of the difference, they think of the jail/prison time they may accrue. However, the other element to the difference is the amount of bond and fines that can be ordered as well. In this article, we’ll discuss the way misdemeanors and felonies differ in Texas. 

Misdemeanor Fines and Penalties

In Texas, as with the rest of the country, a misdemeanor is much more preferable to a felony. A misdemeanor encompasses any crime that carries a penalty of less than a year in jail and a fine that does not exceed $4,000. Misdemeanors are split into three categories, Class A, B, and C. Class C is the most benign of the three, and encompasses petty offenses like public intoxication and disorderly conduct. Class A and B are more serious, addressing crimes like DWI and unlawful carrying of a weapon. 

You won’t get any jail time from a Class C misdemeanor, but Class B and A can come with some. Generally, the fines and bond work the same way. Class C is usually very affordable, with a Class A misdemeanor being the only way to have bond be set at $4000. 

Felony Fines and Penalties

A felony in Texas is much more serious than a misdemeanor, and that fact is reflected in the fines and penalties associated with those crimes. Just like with misdemeanors, the severity of the penalty depends on the classification of the crime. For example, a second-degree felony (like selling 30lbs of marijuana) may come with a $10,000 bond amount, while capital murder may be $500,000 or even a million dollars. A felony should be avoided at all costs, which is why strong legal counsel is a must. 

Freedom Bail Bonds Is There For You

If you or someone you know has been charged with a crime and need bail, Freedom Bail Bonds is the best in the business. We’ve helped hundreds of clients get back to their loved ones, and we can do the same for you. Contact us today to secure your freedom!

Posted on

How The U.S Bail Bond System May Change In The Future

A gavel, money, and handcuffs all sit on a table

If you read our previous blog, you’ll know that the current U.S bail bonds system is hundreds of years in the making. Ever since the 1400s (and perhaps long before that), bail bonds have been used to guarantee freedom for an individual based on the cash that they have. While we love the work that we’ve done for our community and our clients, we admit that the system is inherently flawed. Many people seem to agree, and change seems to be in the air for the bail bonds system. Here’s how the system may change in the future. 

Algorithm-based Risk Assessment

If the name sounds a bit crazy, we don’t blame you. When you hear the word algorithm, you probably associate it with a computer program or social media. But now algorithms can be used in the justice system, too. In California, the cash bail bonds system is being overhauled in favor of this new assessment, which uses various factors in your case to determine if you are likely to show up for court. This sounds good initially until you learn that judges have total discretion, so the biases against minority groups are made even worse in this system. A judge can simply claim that someone is a risk, and can hold them indefinitely. While the intent of this change is good, the implementation is very poor.

Non-Profit Support

Some non-profit groups are simply agreeing to pay bail for clients, and will work with them to make sure they go to court. This includes calling and texting clients for reminders, as well as providing transportation for those who can’t make their court date. Often, people plead guilty regardless of their actual guilt because they cannot afford bail. These non-profit organizations give individuals a chance to fight for their case, but it remains to be seen how this will expand to a national level. They have seen tremendous success though, with only 4% of people missing their court date in these types of programs. 

Best Bail Bonds in El Paso

We understand how the system can feel as though it is stacked against you. If you or a loved one is in need of assistance, Freedom Bail Bonds is there to help. Contact us today so we can get you out! 

Posted on

A Quick History Of The U.S Bond System

Vintage shackles rest on an old wooden table

For some countries, the U.S system of bail bonds may seem pretty odd. But you may be surprised to know that the system we know today got its start over a millennium ago. 

Crime in England

The practice of posting money in exchange for temporary release started in England around 1066 A.D, providing a way for people to not sit in jail while they awaited trial. Unfortunately, this practice meant that the rich had a significant advantage, since middle class and poor individuals didn’t have the capital to secure their release. Out of this need came bail bondsmen, who agreed to accept a percentage of bail and post the remainder in the charged party’s stead. Since then, bail bonds have been a way to even out the abilities of the rich and the poor/middle class to obtain temporary release. 

Bail Bonds in the U.S

Bail bonds in the U.S were a fixture of life as soon as the first English settlers arrived on the mainland. Since then, several laws were passed on the state and federal level to ensure that the disparity between different economic groups was further minimized. The world of bail bonds has undergone a number of changes, and will likely continue to change drastically in the coming years. 

Get the Help You Deserve

An arrest can turn you or a loved one’s life upside-down. If you’re in need of a bail bond, call Freedom Bail Bonds today. We understand bail bonds and can get you out quickly and back to your life. 

 

Posted on

Tips On Dealing With An Arrest

Life is complicated. Situations get out of control. Emotions often cloud judgment. These are all realities that all adults content with at some point or another. A lot of times, it is complex situations that involve a heightened emotional and stress that lead people to do less-than-rational things that might end up in an arrest. Sometimes, it may be simply being in the wrong place at the wrong time, as has occurred to some that have found themselves facing false accusations or unjust charges. Whatever the case may be, an arrest is never clear cut and will often be quite complicated, so here are a few tips to keep in mind in case you ever find yourself in that situation. 

 

  1. Stay Calm. If you find yourself facing arrest, it’s best to stay calm, even when you feel or know that there are unjust or confusing circumstances. Law enforcement will be watching your behavior and erratic or defiant behavior can certainly count against you in a court of law. Maintain your composure and be polite and firm. 
  2. Be polite. This goes hand-in-hand with the one above. Even if you feel the arrest or detention is unjust, you want to be polite and respectful to all law enforcement and comply with their requests and allow them to do their job. It is only their job to apprehend you, they do not determine your guilt or innocence per se, so the speech you have prepared will not work. Whatever you need to communicate to the officers, ensure that it is in a clear and polite manner. 
  3. Do not resist. Regardless of circumstances, resisting arrest or running away from police will not only look bad in court but can actually get you into more trouble, including dangerous situations. 
  4. Don’t say anything that you don’t have to. If you’re being taken into custody, the police are likely not interested in having a conversation with you. They have a job to do and their job is to take you in. Proving your innocence or making your case comes later. So if you don’t have to say anything to police, it’s best to save it until you have a lawyer present. 
  5. Ask for a lawyer. It is important to let the police know that you would like to call a lawyer. Asking for an attorney will deter the police from interrogating you until that request is met. 
  6. Consider bail. Depending on the circumstances and the nature of the accusations, the case, and your criminal background, a judge may decide that you are able to post bail. You may need to find a bail bonds place to help you come up with the cash. It’s important to post bail in order to avoid spending unnecessary time in jail and jeopardizing your job, careers, relationships, etc. 

 

Stay Calm and Call Someone You Trust 

Freedom Bail Bonds is there to help you get out of jail and await your trail. It is not necessary to spend time in jail and have your whole life turned upside down when you have not even been convicted of a crime. A month or two in a detention facility can really change a lot of circumstances in people’s lives.