You get the dreaded phone call telling you someone you care about is in jail. Suddenly, you’re scrambling, desperate to figure out how to get them out. Or maybe it’s you inside, trying to understand what just happened and what comes next.
Now, in addition to the anxiety and confusion associated with facing criminal charges, you’re scrambling to understand the answer to a question you’ve never had to ask before. How do bail bonds work in Texas?
Don’t let confusion and anxiety paralyze you. This guide from our experienced San Antonio, Texas criminal defense lawyers cuts through the legal jargon, offering clear explanations about how Texas bail bonds work and your options. Our goal is to help you make informed decisions and get one step closer to putting this arrest behind you.
For a free consultation, please don’t hesitate to call (210) 455-1000 or reach us online today.
How Do Bail Bonds Work In Texas?
A judge typically sets a bail amount when someone is arrested in Texas. Bail is essentially a financial guarantee that the defendant will appear at future court dates.
The process generally involves:
- Arrest and booking. Law enforcement arrests you, books you, and holds you in custody at the jail.
- Bail hearing. A judge determines the bail amount based on the severity of charges, your criminal history or lack thereof, any perceived flight risk, and public safety concerns.
- Posting bail. You can post bail using cash, property, or through a bail bond agent.
When someone posts bail on your behalf, you can remain free while awaiting trial. But if you cannot post bail, you will remain in custody (jail) until the trial.
Types of Bail Bonds In Texas
To ensure accused individuals have the option to secure their release from jail while awaiting trial, Texas offers several types of bail bonds, including:
- Cash bonds. The full bail amount must be paid upfront to the court. This money is typically refundable minus court fees after you fulfill all of your court obligations.
- Surety bonds. To use a surety bond, you pay a non-refundable premium to a bond agent or company that guarantees the full bail amount to the court. The non-refundable premium is usually around 10% of your bail amount.
- Personal (or personal recognizance) bonds. You are released based on a written promise to appear without needing to pay any money upfront. Typically, this type of bond could be available for less severe offenses or first-time offenders.
- Property bonds. You or someone who is willing to help you post a bond can use property equity as collateral. If you fail to appear for a court hearing, the court can seize the property.
- Attorney bonds. Certain qualified attorneys directly post bonds, which can streamline the process and reduce costs.
Understanding the available options will help you make the best choice. When selecting a bond type, carefully considering your specific situation and financial circumstances is crucial.
Bail Bond Posting With Fowlks Law Firm
Fowlks Law Firm offers clients the convenience of in-house bail bond posting. Attorney Justin M. Fowlks is among the few criminal defense attorneys in San Antonio who is independently bonded and approved to post bonds for criminal defendants.
Benefits:
- Streamlined process with legal and bond services under one roof
- Faster release times from jail
- Comprehensive quotes that include legal representation and bond fees
In certain cases, a separate bonding company may be the best option. When that happens, we refer clients to AAA Garcia Bail Bonds, one of the most trusted names in San Antonio.
Recommended: AAA Garcia Bail Bonds
- 3 convenient San Antonio locations
- Open 24/7, just like Fowlks Law Firm
- Fast, professional service
- Flexible payment options
From Jail To Courtroom: What We Do After Bond
Posting bond is only the first step.
Once your loved one is released, we move immediately to:
- Investigate charges
- Prepare defenses
- Negotiate with prosecutors
Do You Get Bail Money Back In Texas?
Whether you’ll get your bail money back depends entirely on the method used to post bail. If you’ve paid the full bail amount upfront directly to the court via a cash bond, you will typically receive a refund once you meet all court obligations. The court usually deducts administrative fees, so you might be unable to recover the entire amount.
If you have used a surety bond, things are different. The fee, usually about 10% of the total bail, is the bond agent’s service charge and covers their risk. Unfortunately, because it is the bondsman’s fee, this 10% premium is non-refundable and you do not get it back regardless of your perfect attendance at court hearings.
How Long Do You Stay in Jail If You Can’t Make Bail in Texas?
Not everyone can afford bail immediately. Without posting bail, you’ll generally remain in custody until your case resolves, which could take weeks, months, or even years. This underscores the importance of consulting a skilled criminal defense attorney quickly. They can argue for lesser and more affordable bail amounts. And if you contact one of the few qualified attorneys who handle bail bonds directly—like the Fowlks Law Firm—they can help even more.
How Long Can Jail Hold You After Bond Is Posted in Texas?
Once bail is posted, Texas jails typically process bond releases within four to 24 hours. Delays can happen depending on staff workload, weekends, or holidays.
How Fowlks Law Firm Can Help
Our firm provides multiple advantages for clients facing bail situations:
- Bail reduction. Attorneys can argue effectively before a judge to lower bail amounts.
- Speedy processing. Attorneys familiar with local court procedures can expedite release.
- Legal strategy. Early representation can set a strong foundation to fight your charges.
With extensive experience representing individuals across Texas, Justin Fowlks uniquely handles bail bonds directly, eliminating unnecessary fees and confusion. This client-centered approach demonstrates his commitment to efficient, affordable, and effective legal representation.
Take Control of Your Situation Today
Every minute spent behind bars feels endless. At Fowlks Law Firm, we understand the urgency and gravity of securing a prompt release. Our firm has one of the few attorneys in Texas who posts bail directly, making the process significantly more cost-effective and streamlining your release from custody.
Don’t wait; contact us online or call (210) 455-1000 today.
Frequently Asked Questions
Can a Judge Deny Bail in Texas?
Texas judges can deny bail for serious charges like capital murder, certain violent felonies, or if the defendant poses a significant flight risk or threat to public safety.
What Factors Influence Bail Amount in Texas?
When setting bail, judges consider the nature and severity of charges, criminal history, risk of flight, community ties, and any potential threat to public safety.
Can Bail Be Reduced After Being Set in Texas?
It’s an option if you have an experienced attorney on your side. They can file and argue a motion to reduce bail, demonstrating reasons like financial hardship or community ties. A successful motion can potentially result in lower bail.
What Happens If You Miss a Court Date After Posting Bail in Texas?
Missing court leads to forfeiture of bail, an arrest warrant, and potential additional criminal charges. It’s critical to attend all scheduled court appearances.
Resources:
- Bail Bonds (Criminal Court Appearance Bonds). Texas Department of Insurance (TDI), link.
- Texas Occupations Code Chapter 1704 – Regulation of Bail Bond Sureties. Texas Legislature, link.
- Texas Code of Criminal Procedure Chapter 17 – Bail. Texas Legislature, link.
- Bond Information. Travis County Sheriff’s Office, link.
- Bail Bond Information. Comal County Sheriff’s Office, link.
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
