If you’ve been arrested for an assaultive offense in Texas, you may wonder how the bail system works and how it applies to your situation. Essentially, the court determines the amount of bail you need to post before you can be released from custody. However, even if you post bail, you still need to abide by certain conditions of your release. Below is a brief overview of the bail bond process in Texas so you can get a clearer picture of what to expect when facing assault charges in the Houston area.
How Texas Defines Bail
According to Title 1, Art. 17.01 of the Texas Code of Criminal Procedure, bail “is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.” Bail bonds hold defendants accountable for making their court appearances. A defendant can either post a cash bond or hire a bond person to post the bond for them. If a cash bond is posted, once the case is resolved, the court will order the bail money returned. However, missing a court date can result in a warrant for your arrest, and the forfeiture of your bail money. Personal bonds differ from bail bonds in that they require no money, but they still require the defendant to adhere to the conditions of their release.
Posting Bail for Assault-Related Charges
In Texas, courts are increasingly providing defendants with the option of taking a personal bond. While these bonds are essentially free ways to get released, they often carry tighter restrictions and conditions. For instance, the judge may mandate that you attend counseling sessions or anger management classes as part of your release, and you may be ordered to stay away from the alleged victim. For more severe charges, such as aggravated assault, the court may set forth steep bail requirements. If you cannot make the bail amount, you can contact a bail bond company to post the bond on your behalf. Bond companies typically charge 10 percent of the bond amount as their fee. Unfortunately, when the case is resolved, you will not be refunded the money you pay them.
Discuss Your Case With a Trusted Pearland Attorney Today
Being arrested and charged with an assaultive offense can be overwhelming and confusing, especially for first-time offenders. Enlisting the guidance of an experienced criminal defense lawyer is the best way to ensure that your rights are protected and that you understand your available legal options. Your attorney will assess your situation to determine the best path forward.
If you are facing assault charges in Pearland, Brazoria County, or the Houston area, contact the Law Office of Keith G. Allen, PLLC today at (832) 230-0075 to schedule a free consultation.