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Bail Bonds in Texas — Your Go-to Guide

Bail bonds superimposed over an image displaying a gavel, handcuffs, and two 100 dollar bills

Many people accused of crimes in El Paso are stuck in jail pending their trial because of high bail bond amounts. More often than not, this is because the individual cannot afford the bail. The creation of the bail system is not to punish a person for not being financially stable. In fact, the law allows an accused to hire a person to pay the bail bond.

If you’re in El Paso and require bail bond services, give us a call at (915) 877-9293!

What is Bail?

Bail is the release of a person who is in custody awaiting a court hearing or trial either on self-recognizance or on specific conditions such as the payment of a sum of money to the court and the promise to be available in court when required. 

What is a Bail Bond?

A bail bond or a surety bond is the amount of money agreed to be paid to the court to effect the release of a person in police custody. 

The bond could either be provided for by:

  • The suspect
  • A bonding company
  • A bail agent
  • A bail bondsman

When a suspect cannot afford to pay the bail sum, they can employ the services of a bonding company or bail agent who will act as a surety and provide money to the court for the person’s bail. 

Key Things To Know About Bail Bonds

While the bail bond system is not legal in most jurisdictions, El Paso, TX—like many other cities in the United States—allows the use of bail bonds as a recognized means of securing the release of a jailed person. 

Usually, most bail bond agents will charge defendants a non-refundable fee of 10-15% of the bond sum as compensation in exchange for paying the full bail amount to the court.

Since the bail agency will be posting the entire bail amount and will bear the loss if the accused person fails to appear in court for the trial, some will require additional collateral, especially if it is a hefty bail sum. The collateral could be items of value or having a notable guarantor sign to bear any cost that may arise from the accused persons’ breaching the bail terms.

After the trial, the court will return the money to the bond’s payer; if you posted bail personally, you get all your money back. If you used a bonding agency, the court returns all the money to the agency; even if you obeyed all the bail terms, the 10% deposit could not be returned to you because it is payment for the bail agent’s services.

How the Court Decides the Bail Sum

Every El Paso, Texas trial court has a “bond schedule.” This schedule is a compass for all magistrates and judges in determining the appropriate bail amount. However, the schedule is merely a guideline; hence, individual judges and magistrates can tweak or adjust the bail sum either upward or downward based on the specific circumstances of a case.

Factors that can influence the courts when fixing the bail amount include the following:

  • The severity of the offense charged; typically, a felony will attract a higher bail sum than a simple misdemeanor.
  • The prior criminal convictions of the defendant; a repeat offender will get a higher bail sum than a first-time offender
  • The bail amount might be higher if the person was out on a bail term before the rearrested for another offense.
  • The bail bond may be higher if the defendant is on probation due to a conviction for another criminal act.
  • The bail bond may be higher if the defendant is considered a threat to the community.
  • Whether the defendant is presumed to be a “flight risk,” that is, the prosecutor can show the court that the defendant would possibly jump bail. 

What Happens When a Person Fails to Follow the Bail’s Bond?

A bail bond does not translate to an unconditional release from jail. Hence, a person released on bail or personal bond must meet certain conditions in the bail order to stay out of jail through the trial. 

When a defendant breaches any of these conditions, such as “skipping or jumping bail,” the court will issue a bench warrant for their immediate arrest. Also, you will forfeit all the money you posted as the bail sum with the court if you do not get any back. If you took out a bail bond, the surety will lose its money and try to recover it from you.

Bail Bonds in El Paso, Texas Today

If you or someone you know has been granted bail for an amount they cannot produce by a court in El Paso, you can reach out to Freedom Bail Bonds. When you employ the services of freedom Bail bonds, you have the assurance that they will take swift actions to secure that release, and they will not spend a moment longer than necessary in jail. 

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The Impact of Coronavirus on Court Proceedings, Bail, & Legislative Changes

Judge gavel or law gavel on wooden table with coronavirus vaccine in the background. Concept of justice and crimes trials of the Covid-19 pandemic.

The impacts of coronavirus on how we work, how we study, how we enjoy a meal at a restaurant, were all widely discussed and felt across the entire nation. The impacts of the pandemic on the jail system and court system were not such a hot topic, and yet it had considerable effects on people’s well-being across the spectrum. From prison workers to inmates, to court personnel and attorneys, America’s justice system had to do some improvising. 

So as we slowly move out of the worst of the pandemic era, we thought we’d look back at how this unprecedented health crisis impacted our jail and court system. 

Court Cases and Postponed Hearings During the Height of the Pandemic

In the early stages of the spread, most people were not sure of what was happening or how best to respond. For a good few months, many states closed their courtrooms and postponed jury trials. This had ripple effects across the whole system. As court systems decreased, many courts issued bail and bail reductions to reduce the crowding of prisons unnecessarily. 

For many people that were waiting for trials or hearings in jail, these pushbacks caused great uncertainty. Many district and state courts had to close their doors and thousands of cases were left floating in limbo. People that were waiting in jail for an upcoming trial, were dealt a bad hand. As NPR reported, the more than 3,000 jails across the country had to figure out how to avoid overcrowding and avoid people waiting endlessly for proceedings. The reports suggested that some jails had even used solitary confinement on people that had yet to be convicted, in an attempt to avoid the spread. This, of course, posed serious questions about the legality of that, given that many people in jail have yet to be convicted of any crime. 

Many police departments would issue a summons for low-level offenses instead of arresting people and taking them to jail. Parole hearings were also fast-tracked for those whose sentences were ending or who have pre-existing medical conditions. 

How the Virus Impacted the Prison System

Prisons and jails are not exactly places that can easily adapt to social distancing. Many prisons and jails were stunned by the virus and how quickly it spread, that response was slow and somewhat scrambled. Since the beginning of the pandemic, it has not been unusual to see prisons experience hundreds of covid-positive inmates in any given week at the same time. 

According to the New York Times, as of April of 2021, more than 661,000 incarcerated individuals and/or staff had been infected with the virus. An estimated 2,990 people had died. The Marshall Project reported about 512,864 cases had been reported as of June 2021. Numbers possibly vary because many prisons have limited testing capacity or don’t always test inmates after they pass away. Reports have suggested that jails and prisons struggled to respond to the pandemic adequately and have caused inmates to become vulnerable and frightened. 

As of February 2021, the Texas prison system has administered about 5,500 vaccines, but it is unclear how Texas began rolling out the vaccine across the prison population. 

People Released From Prisons to Avoid Overcrowding

As much as facilities tried to accommodate the difficult restrictions, thousands of people were released early. In April of 2020, over 16,000 inmates were released. People released early were vetter and said to pose little threat to society. The decision-making process differed as to who even qualified for early release. In neighboring New Mexico, for example, the governor signed an early release for those that qualified. Qualifications included that they could not be sex offenders, were not convicted of a DWI, and had no time for domestic abuse or assault. The Governor of Texas, Greg Abbot, specifically signed against the practice, preventing prisons from releasing people. In an executive order, the governor banned the practice of releasing people previously convicted of violent crimes.

 Prior to signing this executive order, some judges in the state had released inmates at no-cost personal bonds due to the pandemic. These bonds put a hold on the bail system and required people to come in for frequent check-ins and drug tests. After Harris County (Houston-area) released a murder suspect with only 3.5% of a $60,000 bond (a fraction of what is usually required), concerns were raised by Texas on the practice. Typically bonds are set based on specific criteria and the severity of the crime. Gov Abbott’s executive order was largely a response to these concerns.

Do You Know Someone in Need of Cash Bail? Contact Freedom Bail Bonds 

Here at Freedom Bail Bonds, we help people go back to their homes and lives while they await their day in court. Facing criminal charges is stressful and brings a lot of uncertainty. We know how difficult it is. 

Call us today and learn more about the process. We are here to help!

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A Look at Felony Charges in Texas, What They Entail and Punishments 

arrested man with cuffed hands behind prison bars

Facing an arrest can be a scary proposition. There are a lot of unknowns that come with it and the idea of having to wait for your day in court behind bars is even more nerve-wracking. This is why letting a professional bail bondsman help you will not only take a huge weight off your back and your family’s back, it will provide you with the ability to seek out lawyers and continue providing for your family. There are several scenarios that a person might face when they get arrested. One of these is the possibility of serving jail time and being charged with a serious offense that qualifies as a felony.

The origin of the word “felony” has several beginnings. Felony comes from the word that means “treachery, betrayal, or deceit” or the Gallo-Roman  for ‘evil-doer.’ In early usage, “felony” was not always a criminal act but often referred to as a breach of feudal obligations between lord and vassal. It was associated more with a concept of disloyalty to the lord, but the meaning slowly shifted to something more relating to a crime that was punishable.  According to some sources, after the Norman conquest of England the previous feudal doctrine reshaped into what became English common law. As we know from previous posts, many of our laws and concepts are embedded into the justice system derived from English Common Law. In everyday vernacular, most people would associate the word with a heavier crime, or one that is punishable by time in jail or prison. 

Looking at Modern Texas Law and Felony Charges 

Things have changed some in the justice system since English Common Law and colonial times in America. The system operates under similar principles and  is today vast and complex. So let’s look at some modern terms here:

A felony is basically a type of crime. Crimes are typically considered felonies if they carry or can carry more than a year in jail.  They are considered the most severe type of criminal offense in Texas and the category is most commonly used when referring to violent criminal offenses. When it comes to non-violent felonies, it’s likely referring to one that involved a major theft or property damage. Smaller offenses then can either be classified as a misdemeanor or an infraction. 

In the state, felonies are categorized into 5 different types. 

  • Capital felony with a punishment of life imprisonment or the death penalty
  • First degree felony with 5 to 99 years  or life imprisonment 
  • Second degree felony with 2 to 20 years
  • Third degree felony with 2 to 10 years
  • State jail felony 180 days to 2 years 

The most severe type of felony and the one that carries the most possible jail time or severe punishment are the capital felonies. These are often highly profiled crimes and will typically be violent offenses. It is serious enough that if the defendant is above 18 years old, there is no possibility of parole. The justice system does not look likely on these types of crime and they seem to be the most egregious cases. Some examples of these would be capital murder or capital felony murder. A recent high-profile case in the area includes the El Paso Walmart shooting. The shooter was first indicted on one capital murder charge by a grand jury in El Paso. He was then federally indicted in 90 counts, one of which included capital murder. The state is seeking the death penalty for the shooter who killed 23 people in a local El Paso Walmart in 2019. 

First-degree felonies are still considered very severe types of crimes. Convictions can carry up to life in prison. There is a mandatory minimum of 5 years with many first-degree felony charges. Judges can also make defendants pay fines that are up to $10,000.  Examples of first degree felonies include Aggravated robbery, Arson causing death, and attempted murder. 

Second-degree felonies are the next tier below as far as serious crimes go. These types of crimes, which include manslaughter, aggravated assault, robbery, and arson, can carry up to 20 years in jail and also a fine of up to $10,000.

Finally, third-degree felonies are less severe in Texas. Fines can still be high, but jail sentences will typically be between 180 days and 2 years. Some of these will include crimes like check forgery, theft between a certain amount (2,500 to 30,000), and child endangerment. 

Depending on the degree of the charge, defendants will be allowed to go out on bail as long as they remain in the area. If you have been charged with a felony or a misdemeanor and are facing bail charges, call Freedom Bail Bonds today. We have been helping El Pasoans navigate the legal system for many years. 

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What Crime Dramas Tell About Bail: When Myth and Reality Clash

Neon Bail Bonds Service sign on a brick wall

Films depict anything from war to space exploration, to intergalactic conflicts involving intelligent lifeforms, Jedis, and spaceships, or even deep exploration of dreams and the human mind, time travel, and drama in the courtroom and prison system. How many great films have dealt with prison breaks and escapes from the law?! In reality, however, the day-to-day of the courtroom and the justice system might not be as enthralling or dramatic as depicted on the big screen. This goes for instances where films deal with setting bail. 

For many years, Freedom Bail Bonds has helped people who find themselves in a tight spot regain their freedom until they see their day in court. Our goal is simple: to facilitate someone’s release until their legal situation can be determined. Whether the verdict is guilty or not guilty is far beyond our jurisdiction. And yet, the setting of bail is often dramatized in interesting ways and has skewed people’s perception of bail amounts and how bail is set. It’s important to note that bail amounts are set by the courts, usually in predetermined amounts based on the crime. 

Let’s take a look at some famous television shows and movies that frequently deal with the bail business. 

Law and Order

With their famous opening theme, unmistakable to anyone that has ever flipped through the channel in the middle of the night, Law and Order frequently deals with bail and bail setting. For the most part, they do an okay job at not over sensationalizing it, as their goal in the show is to represent the work of law enforcement and the judicial system somewhat accurately. In a 1999 episode titled “Hunters,” two meddling bounty hunters working for a local bail bondsman get in the way of a murder investigation. Their carelessness and curiosity end up causing the deaths of two more victims. 

Bounty hunters never interfere with investigations or take part in any law enforcement other than enforcing the terms of the bail. Although it’s quite easy to vilify and depict the bounty hunter as a blood-thirsty detective, their job is pretty straightforward. 

A Time To Kill

Ah, nothing like a 90s-directed John Grisham story to get those criminal juices flowing. Grisham is very good at selling what might seem like overly-dramatic stories that tug at the emotional heartstrings. In the film, a young African American girl gets brutally attacked and raped by two white supremacists. It’s hard to forget the scene where Samuel L. Jackson rage-filled and blood boiling bursts into the court hallway where the two accused men are being led out from their bail hearing and shoot them to death with an M16 rifle. In the film, the judge also denies bail to Carl Lee Hailey, the father of the little girl.

How to Get Away With Murder

In this crime drama series, a criminal defense attorney herself is accused of murder. During the dramatic bail hearing, the defense attorney attempts to convince the judge that there was considerable evidence that other suspects were the real murders. This doesn’t normally happen in a bail hearing and also the judge denies bail here as well. 

Common Myths of Bail and Bail Hearings 

One myth is that bail is frequently denied to people. In real life, a judge can deny bail because of a few circumstances. If the judge has considerable evidence and reason to believe that the accused is a flight risk or is a threat to the public. Other circumstances in which bail might be denied include high profile major crimes or repeat offenses. 

Portraying the bail hearing as a dramatic and tense-filled moment is a favorite in tv shows and crime dramas. The truth is that most bail hearings are pretty straightforward and without much fanfare. The judge doesn’t have complete discretion over the bail amount. The amount of bail is often predetermined by law and corresponds to the kind of crime that the person is accused of committing.

The bail might be based on several other factors including the crime itself, criminal history, the age of the defendant. Most bail amounts in films and movies are often depicted in the millions. Unless it is a mega high profile case or murder case, the amount will likely be in the thousands or hundreds of thousands. To give just an example, the bail amount for something like assault in states like New Mexico and Texas can range from $2,000 to $5,000 and felony bail for theft can range from $5,000 to $20,000. 

Find a Trusted Bail Bondsman For Your Case

Here at Freedom Bail Bonds, we assist people who are struggling to meet bail amounts. If you or a family member has been arrested and is facing charges, this is a stressful time. Don’t let the movies fool you into what can be done. We can help you get your loved one out until their day in court. Call us today. 

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Know the Law: Jail Time Limitations and Traveling While on Bail

A woman's arm with a handcuff in a white backgroundFacing arrest is a scary prospect. Our justice system, however, is predicated on the idea that one is innocent until proven guilty. So much of our justice process then follows this trajectory and ensures that every defendant gets a fair trial. Before a defendant can stand in front of a judge and jury, there is a long process that has to happen. There need to be changes made, attorneys called, and prosecution cases put together. The burden of proof is more often than not on the prosecutor and given how long it can take to put together a case, a person might be waiting months before they get things settled. So as a defendant or a loved one of the defendant’s, it is important to know the law and familiarize yourself with some rules. Every state is a little bit different on this, so let’s look at some Texas regulations. 

How Long Can I Legally Be Held in Jail While Awaiting Trial?

Many people that are arrested often have this question in mind. After all, one of the most stressful times is not knowing exactly the status of your trial. There is a statutory minimum for how long a defendant can be held in jail as they await their trial. In most instances, the time limitations depend on the severity of the charges. 

The state or prosecution does not have indefinite time to prepare the case while the defendant waits in jail. If the case is not ready by a certain time, the court is forced to release defendants on several conditions until they await their trial. 

The Texas Code of Criminal Procedure Article 17.151 states several limitations. If the charges are Class A misdemeanor, the time limitation that someone can be held in jail is 30 days. If the charges are a Class B misdemeanor, then the limitation of time is 15 days from the day of detention and 5 days if the defendant faces Class C misdemeanor charges.  says that a person that is awaiting trial for a felony offense must be released on bond or by reducing the bail required if the state is not ready for trial within 90 days. 

So What Happens If the State is Not Ready For Trial 

If the court exceeds these time limitations and still has not started your trial, they will be forced to release you on bail or reduce your bail amount. Once that happens, if you still cannot afford your bail amount you have two options: you can hire a bail bondsman to help you cover the bail or you will have to agree to wait in jail until the trial date. For most people, waiting in jail for more than 30 days can be a very heavy blow. This causes people to lose jobs, strain relationships, and if the defendant has childcare responsibilities, it can make it even more complicated. 

What About Travel While I’m on Bail?

Every situation is different and while many people that have been arrested choose to stay put and work on their defense or work on their personal situation at home, not everyone is the same. Many times, people have to travel for a variety of reasons: maybe you had an important trip for work, need to see a family member, or have shared custody of a child in another city. Whatever the situation may be, if you have been arrested and are wondering whether you are allowed to travel, here’s some advice. 

It is mostly recommended that you stay put while out on bail. Part of the reason bail exists is to make sure that defendants see their day in court and do not try to flee. While it might not be in everybody’s plans to flee the country, it seems to make everybody quite jittery.  So if you cannot skip the trip, make sure you talk to your bail bondsman and ensure that you are legally allowed to do so. While you are out on your trip, you want to maintain regular contact with your bail bondsman as well, just to put them at ease that there is no intention to escape. You want to make sure they know the length of your trip, the destination, and where you are staying. 

There are two instances where travel is simply a no-no. If you have been accused of a federal crime, you should not leave your city. Federal bonds restrict defendants to a certain area and you don’t want to risk getting caught outside of it. If you have skipped bail before and have evaded court dates in the past, the judge will be much harsher and likely take away your passport to ensure there is not travel. 

Questions on Bail? Call a Trusted Bail Bondsman in El Paso, Texas

There are likely many questions you might have regarding a loved one that is facing arrest and possible bail. If you have any questions, feel free to call our office and we can help. We are here to facilitate the legal system and make it as easy as possible for defendants to continue their lives while they await their trial.