A good starting point in this discussion is to review what Bond is designed to do. Bond is an amount of money that a defendant pays to the Court in exchange for a release from jail. The Court sets bond just high enough that you wouldn’t be tempted to just run away and accept losing the cash. Courts are not allowed to set bond unreasonably high as a way to force defendants to remain in jail. Reasonable bond is guaranteed by both the US and Texas Constitutions. Therefore, unless you fall into a few specific categories, the Court must allow you the chance to post bond.
Despite the guarantees listed above, Courts sometimes make bond too expensive. You have several options if you are in this position.
Bail Bonds vs Surety Bonds
The most common option is to obtain a “bail bond.” To get a bail bond, you must post the entire amount to the Court upfront. In exchange, the Court will allow you to remain free until trial. A Bail Bond is very difficult for many people to obtain because of the need to raise a large amount of cash right away. However, if you can raise the money, then the Court will give you all the money back when you finish the case. This is true even if you plead guilty or a jury finds you guilty.
The second option is to obtain a “surety bond” from a licensed bail bonding company. In this case, you pay a fraction of the total bond (usually 10%) to the company. In exchange, the company will post the remainder of the bond on your behalf. The downside to this arrangement is that the company will keep the money that you paid upfront as a fee. You would lose the 10% fee, but that might be preferable remaining in jail until your trial.
A Bond Hearing
Another option is to schedule a Bond Hearing. The Bond Hearing is where you can either request a Personal Recognizance (PR) Bond or ask the Court to set a lower bond. A PR Bond is simply a promise you give to the Judge that you will appear in Court on a later date to resolve your case. In this case, your fear of breaking a promise (i.e. personal recognizance) acts as the bond instead of cash.
There are several ways you can convince the Judge to let you out on a PR Bond. For example, at the Bond Hearing, you may provide evidence that your financial situation prevents you from paying a high bond. You can bring in witnesses to testify on your behalf. It is helpful to show that you have significant family ties to the community and will not likely run away. You can also have someone bring your tax returns as proof that you have little or no income. Your chances of success depend on many other factors as well. These can include local attitudes towards the bail reform movement and the seriousness of the accusation against you.
If you cannot convince the Judge to give you a PR Bond, you can use this same Bond Hearing to convince the Judge to reduce your bond. The evidence you put on will be the same and you will usually have a much higher chance of achieving this outcome.
If the Judge refuses to either grant a PR bond or reduce bond, you will remain in jail until your trial.
Do not Post Bond and Remain in Jail
Surprisingly, some defendants might actually prefer to remain in jail. This is more likely the case for people who know a jury will likely find them guilty. It’s also more likely for defendants who know that they will likely just get arrested again and would forfeit their bond. The benefit here is that a defendant gets to rack up “back-time” that the Court will count towards a future sentence. Also, if a defendant might be going to prison eventually, then they get to spend at least some of their eventual sentence at the relatively more comfortable County Jail.
Most people, however, do not fall into this category. Most people in the County Jail are there because of low-level offenses. Their main concern is to get home to their kids and to keep their job. For them, staying in jail for months, or over a year, waiting on a trial is simply not an option. These concerns cause many people to plead guilty immediately so that they can get out as soon as possible. The problem is that too many innocent people take this route because they feel like they don’t have a choice.
An Attorney can Help You
This is why you need to find an attorney immediately after the police make an arrest. A good attorney will be far more likely to negotiate either a PR Bond or a reduced bond you can afford. Also, an attorney will explain what you need to do in detail so you aren’t at risk of going back to jail. Most people are concerned about the cost of hiring an attorney. Don’t let this stand in your way. Good criminal defense attorneys almost always offer reasonable payment plans. A good attorney will also charge an affordable rate for this service. Please do not let the cost of hiring an attorney be the reason you stay in jail or plead guilty when you don’t have to. Do not hesitate to consult with an attorney today if you are a loved one are in this position.