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Home > Posting Bail in Houston: 4 Things to Know

Posting Bail in Houston: 4 Things to Know

An arrest in Harris County in Texas is not that unusual. Statistics show that more than 84,500 people were arrested in 2014. Whether a defendant is being held in Harris County Jail, Houston City Jail or another local jail in the metropolitan area, the process of getting released from jail is similar. In general, there are four things a defendant should know in order to post bail in Houston.

Bail process in Houston.

Nothing can happen until a person has been booked and processed into a jail facility in Houston. At that point, the individual usually learns the amount of bail from a schedule that includes the costs of virtually all misdemeanor crimes and many less serious felonies. The defendant can either decide to pay the bail amount in cash or to contact a relative or loved one to act as a co-signer. For more serious felonies, the bail amount isn't available until after a bond hearing. For the most serious crimes, or for defendants with lengthy criminal records, bail may not be available in Houston.

Types of bail available.

For most defendants, there are three options when it comes to posting bond to be released from jail. They are:

  • Cash bond. There are two situations in which a cash bond is used. The first is when a defendant has the money – or can get money from a relative or friend – to pay the entire amount of the bond. Unlike a surety bond, a cash bond must cover the entire bond set in court. The court holds the money while the defendant’s case is active and return the cash as long as the defendant showed up for all court hearings. It does not matter whether the defendant was guilty or not guilty. A second type of cash bond can be required by a judge. It may be ordered when a defendant failed to pay a fine in a previous case or is considered a flight risk.

  •  Surety bond. Often, defendants are not able to afford cash bonds, or prefer to use their resources to pay for their legal defense. A surety bond is a contract between a bail bond company, the defendant and the court. The bail bond company agrees to put up the entire amount of the bond in exchange for the defendant paying 10 percent of the bond amount up front. As long as the defendant shows up for all court hearings, no additional money is needed. When a defendant misses a court hearing, the bond is forfeited and the agreement requires the defendant – as well as any co-signers – to pay the entire amount of the bond to the court.



  •  Personal recognizance. Often referred to as an OR release, a judge can allow a defendant to be released from jail without putting up any money or security. In general, this only is available in misdemeanor cases and not in cases involving violence or drugs. It is often quite helpful to have an experience criminal attorney argue for an OR release on the behalf of a defendant.


 

Requirements for co-signers.

The first requirement is to get as much information as possible from the defendant, including the name of the jail, the crime, an arrest number or any other jail identification information. That is necessary to either put up a cash bond or to contact a bail bond company to request a surety bond. Most companies will require that co-signers provide financial information and prove they are established residents of the county. In some cases, collateral – anything from a credit card, to property – may be required depending on the co-signer’s financial situation and the amount of the bond. 

Bond costs and time required to post bond.

The time spent in jail waiting to be released on bond depends on a number of factors in Houston. One of the most important factors is where the defendant is being housed. If it is the Houston City Jail, a defendant arrested for a misdemeanor with no complications can be released anywhere from 30 minutes to 2 hours after being arrested. However, the process is more involved in county jails, because there are more inmates. Harris County Jail is one of the largest jails in the country, and criminal lawyers estimate it can often take 24 hours or longer to complete the bail process – longer if a separate bond hearing must be held. The cost for a surety bond in Harris County is 10 percent of the amount of bail. That money is the cost of doing business and is not returned at the end of the case.

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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