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Home > Posting Bail in San Antonio: 4 Things to Know

Posting Bail in San Antonio: 4 Things to Know

Although Texas tightly regulates the bail industry, the state is the only one in the U.S. that does not prohibit the practice of an attorney posting bail for a defendant. That includes states where the private bail industry has been banned. While a lawyer in Texas can post bail for a defendant, it’s only allowed when there is a client relationship. This can be beneficial for a client because it eliminates the need to report to a bail bond agent. Here are 4 things you should know about the process of posting bond after an arrest in San Antonio.

Bail process in San Antonio.

While there are a number of detention facilities in the River City, many people who are arrested are taken to the Adult Detention Center. No matter the facility, a defendant is not allowed to contact a friend, family member or bail bond company until the booking process has been completed. When a misdemeanor crime is involved, it’s possible to be released in a just a few hours – whether a defendant is posting cash or hiring a bail bond agent. That’s because bail can be quickly determined when a non-violent misdemeanor is involved from a Bexar County bail schedule. When the crime is more serious, the release process takes longer because there will be a bond hearing that may or may not be held the same day as the arrest.

Types of Bail in San Antonio.

There are four options for posting a bond to be released from jail in San Antonio. The options include:

  • Personal recognizance. In some cases, defendants are released without paying bail. Instead, they sign a document promising to show up for all scheduled court hearings. This is known as a PR bond and is generally used for first-time defendants when a non-violent misdemeanor is involved. Defendants with previous arrests generally are not allowed to be released on a PR bond.

  • Cash bond. Any defendant with the resources can post a cash bond – perhaps the quickest way to be released from jail. The entire amount of bail must be paid, although most of the money – minus court fees and costs – is returned as long as the defendant shows up for all court hearings.

  • Surety bond. If a defendant does not have enough cash, a surety bond is a popular option. The defendant, or a friend or relative, contacts a bail bond agent to arrange for a surety bond. The defendant, or co-signer, pays 10 percent of the amount of bail to the agent. If the defendant skips bail, the agent can then collect the entire amount and often will hire a bounty hunter to locate the defendant. Under the original bail agreement, the defendant is liable for all reasonable costs incurred by the bounty hunter.

  • Property bond. In some cases, particularly when the bail amount is very high, a defendant will us real estate or other personal property to post bond. This option is time-consuming because ownership of the property, as well as an appraisal of its value, is required.


 

 

Co-signer requirements.

Most bail agencies in San Antonio will check the credit worthiness and financial information of any potential co-signers. All co-signers must be at least 18 years old and have an established connection to the area. In addition to paying 10 percent of the total amount or the bail, a co-signer may be required to put up collateral equal to the additional 90 percent.

Bond costs and options.

In Texas, there is no law that sets out the premium that bail bond companies can charge to clients. Many San Antonio bail bond companies will charge between 7 percent and 20 percent. Often, the higher percentage is charged for lower bail amounts.  On average, a 10 percent nonrefundable premium is common. A defendant can avoid that charge by posting a cash bond, with or without the help of a co-signer.

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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