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Posting Bail in Dallas: 4 Things to Know

Texas is the only state in the country in which a lawyer can post bail for a defendant. Even states that have banned the private bail industry have laws that prohibit lawyers from posting bond – even for their clients. In Texas, the law allows this practice, but only if the lawyer is representing the defendant. Here are 4 things you should know about the process of posting bond after an arrest in Dallas.

Bail process in Dallas.

The first step is to be booked and processed, which generally takes longer in larger facilities. The biggest in the metropolitan area is Dallas County Jail – the 7th largest in the country. However, there are 26 municipalities in Dallas County and state law requires all to have bail magistrates. A magistrate can rely on a bail schedule for a misdemeanor or vary from the schedule depending on the circumstances of the crime. In some cases, bail is determined almost immediately and the defendant at that point can contact a relative or friend or hire a bail bond agent. For more serious crimes, the process is lengthier.

Types of Bail in Dallas.

There are four options for posting a bond to be released from jail in Dallas. The choice will often have to do with the amount of the bond. The options include:

  • Personal recognizance. Referred to as a PR Bond, this option does not require the defendant put up any money for bail – although a fee less than $100 is included. A bond amount is determined, and if the defendant does not meet all bond obligations, he or she – or a co-signer – must pay the full amount of the bond. PR bond is only used for less serious crimes and when defendant have a clean or mostly clean criminal record.

  • Cash bond. A cash bond requires that the entire amount of the bail be paid in cash. The advantage to a cash bond is that most of the money is returned as long as the defendant shows up for all scheduled court hearings. However, paying a cash bond reduces the amount of money available to hire a lawyer.

  • Property bond. The court will require a lien be placed on the property, after the available equity in that property is confirmed. This type of bond often takes several days or longer to complete because of the paperwork involved.

  • Surety bond. A defendant who does not have the cash to pay the entire amount of bail can hire a bail bond agent and pay only a percentage of the bail amount. The agent guarantees the entire amount of bail, and the defendant – or a co-signer – completes a promissory note or other legal document. If the defendant violates the bail agreement with the court, the bail bond agent pays the entire amount of bail to the court and then turns to the defendant or co-signer for reimbursement.


 

Requirements for co-signers.

Most bail agreements require both personal and financial information, and a co-signer should expect to have their credit-worthiness analyzed. For larger bonds, collateral may be required as well. A co-signer does not need to be a relative to qualify – anyone over the age of 18 can be a co-signer, if approved by the bail bond company.

Bond costs and options.

Texas law does not specifically regulate the premium that can be charged by bail bond companies. In practice, companies charge between 7 percent and 20 percent – with the higher percentages charged for lower bail amounts. The charge for a surety bond for a felony is typically 10 percent, and many companies will offer payment options for larger bond amounts.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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