How Can Bail Help Me Get Out of a Texas Jail?

 Posted on July 03, 2024 in Criminal Defense

When someone is arrested and charged with a crime in Texas, he or she is booked into a county jail while a court date is set. By default, the defendant — the person charged with the crime — is meant to remain in jail until the trial. However, to allow people to continue living their lives in the weeks or months before the trial, the law offers most defendants an option called "bail."

This article will discuss what bail is, how Texas courts determine bail amounts, and how you can challenge a court’s bail decision. Keep in mind that hiring a Texas bail lawyer is key to successfully navigating the bail process.

What Is Bail?

If you are charged with a crime, a court will likely give you the option of getting out of jail by paying the state a certain amount of money. This money is called bail, and it serves as a deposit to make sure you do not run away or commit a crime again before your trial. If you do everything you are supposed to do and show up to all your court appearances, the bail money should be returned to you after the trial.

Bail hearings, where courts make decisions about bail, typically happen within 24-48 hours after the arrest.

How Is Bail Amount Determined in Texas?

Since it is a kind of insurance policy against you leaving the state before your trial, your bail will most likely be set at an amount that you cannot afford to lose. However, the Eighth Amendment to the U.S. Constitution forbids courts from setting bail at excessive amounts to force you to stay in jail.

For some offenses, bail is pre-set. This means that Texas law has already determined how much bail should be. For other crimes, a judge will set the bail amount based on several factors, including:

• The nature and circumstances of the crime

• Whether you have any prior convictions

• Whether you have a steady job

• Whether you have the means to leave the country

• Whether you have ties to a community

• Your reputation

Based on the above details and others, a judge will assess whether you present a flight risk or a risk of reoffending. The greater these risks, the higher bail is likely to be.

Options for Challenging Bail Decisions

If bail was denied or set too high, your attorney can ask for a bail reduction hearing where he or she will present arguments for why the court should grant you bail or lower the bail amount. If, for example, the bail will cause you financial hardship, you are respected in your community, and you have no criminal record, a court may agree to reduce the amount of bail.

Contact a Plano, TX Criminal Defense Attorney

At The Crowder Law Firm, P.C., we have extensive experience guiding our clients through the bail process. Our skilled and aggressive attorneys will fight hard to protect your rights and secure the lowest amount of bail possible in your circumstance. Call 214-544-0061 to speak with a Collin County, TX criminal defense lawyer and build a strong defense today.