Being arrested and put into jail in Texas can be an overwhelming and frightening experience. One of the first challenges you may face is posting bail. Bail is the security given by the accused that they will appear in court. It’s a sum of money the court sets to ensure your appearance at future proceedings.
Failing to post bail can have severe consequences, leaving you in jail until your case is resolved. This means losing your freedom, potentially jeopardizing your employment, housing situation, and relationships with loved ones. The inability to afford bail disproportionately affects those from lower-income backgrounds, creating an unfair disadvantage within the justice system.
In this blog, we’ll explore options that may be available to you near El Paso, such as what happens if you remain in jail, use bail bond services, and use any alternative forms of release.
Remaining in Jail
If you cannot post bail, you may have to remain in custody at the local jail until your case is resolved through a plea deal, dismissal, or trial verdict. This can impact every aspect of your life.
- Loss of income and employment: You’ll be unable to work and earn an income, which can lead to financial hardship for you and your family.
- Family disruption: You may miss important family events or milestones, and your absence can create instability and stress for your family members.
- Limited access to resources: Jails often lack adequate resources for personal hygiene, medical care, and legal assistance.
- Risk of violence: Overcrowding and poor conditions in some jails can increase the risk of violence, putting your safety at risk. Additionally, the stress of incarceration can exacerbate existing mental health issues or lead to new ones.
Remaining in jail until your case is resolved may not be a great option, but it may be the reality. Hiring an attorney could help you avoid this.
Seeking a Bail Reduction
If the bail amount set by the court is beyond your financial means, you may have the option to request a bail reduction hearing. As a starting point, El Paso County, for example, has bail review hearings 48 hours after arrest. During this hearing, your attorney can present arguments to the judge, seeking a reduction in the bail amount to a more affordable level. If bail is not reduced at that hearing, you can always ask the Court again. It does become more difficult normally after multiple requests.
The Process:
- File a motion: Your attorney will formally request a bail reduction hearing with the court.
- Gather evidence: Your legal team will collect and present evidence supporting your request, such as proof of employment, community ties, and lack of criminal history.
- Attend the hearing: During the hearing, your attorney will argue for a lower bail amount, highlighting factors that demonstrate you are not a flight risk and will appear for future court dates.
The final decision on reducing the bail amount lies solely at the judge’s discretion. They will consider the evidence presented, the nature of the charges, and any potential risks involved in granting a lower bail amount.
Bail Bond Services
If you can’t afford the full bail amount set by the court, working with a bail bond company can be a viable option to secure your release from custody. These companies act as sureties, posting the required bail on your behalf for a non-refundable fee, typically 10-15% of the total bail amount. (10% state, 15% federal bonds)
Generally, the process is simple. You’ll contact a licensed bail bond company and answer their questions about your case and bail amount. They will then assess your situation and may require collateral or a co-signer. They will post the full bail amount if approved, and you will be released. However, it’s important to remember you will then owe the bail bond company.
If you can’t get approval from a bail bond company, there are a few other alternatives the court may consider.
Other Options
In addition to cash bail and bail bond services, alternative forms of release may be available, depending on the circumstances of your case and the jurisdiction you’re in.
- Personal recognizance release: This release is based on a written promise to appear in court when required.
- Property bonds: Generally used for large bail amounts, the court will record a lien on property worth over the bail amount. If you fail to attend court, your property could be seized. Please remember collateral usually will not have wheels attached.
- Unsecured bonds: Similar to personal recognizance, an unsecured bond requires you to sign a document stating that you’ll attend court. However, you’ll be fined the bail amount if you fail to show up.
- Release on conditions: This alternative may include travel restrictions, an ankle monitor, and drug testing.
It’s important to note that the availability and eligibility criteria for these alternative release options can vary greatly depending on the jurisdiction, the nature of the charges, and your individual circumstances.
Get a Lawyer in Your Corner
Being unable to afford bail after an arrest can be a daunting and overwhelming situation. You may be trapped in custody and face potential consequences that can disrupt nearly every aspect of your life. However, as we’ve discussed, there may be other options.
Hiring an experienced lawyer can save you time, money, and immense stress. At Benjamin Law Firm, we have a reputation for aggressively advocating for our clients. Our founding attorney, Brock Benjamin, is certified by the Texas Board of Legal Specialization in Certified Criminal Representation and is a former prosecutor.
We leverage our experience and knowledge to advise you on all legal options available to you. When your freedom is hanging in the balance, don’t wait. Call us today for a consultation on your case.
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