How Long Do Bond Conditions Last In Texas?

How Long Do Bond Conditions Last In Texas?

If you are arrested for a crime in Texas and taken to jail, you will probably have to pay a bond to leave custody while the case proceeds. Bond can be confusing, and it is essential to understand its various aspects, including how long bond conditions last. Learn more about Texas bond conditions in this article, and if you have questions about your case, our Galveston County criminal defense attorney can help.

Texas Bail Or Bond Process

You may have heard the terms ‘bail’ and ‘bond’ used interchangeably, but they have different meanings. ‘Bail’ is what you must pay the Galveston County court to get out of custody. A bond is bail money you pay a bonding company on your behalf. In most cases, the defendant pays 10% of the bail amount to the bondsman and in return, the bonding company pays the court the entire bail on your behalf. For example in this scenario, if you have $25,000 bail, you typically pay $2,500 to the bonding company.

You must follow certain conditions to stay free when you are bonded out of jail. You need to comply fully with any requirements the court sets and any conditions the bonding company sets.

For example, the court may put a GPS monitor on you and order you to stay in the county. A warrant will be issued for your arrest if you violate this condition. Following the court’s and bond company’s requirements is imperative if you are out on bond. Bond conditions will last as long as the case is still open. So, it is vital to ensure that you follow all the requirements of your release while the case proceeds.

More About Bail And Bond

You have to pay bail or bond to get out of jail while your criminal case is winding through the Texas criminal justice system. When you pay bail or bond, there are several other ways it can be done:

Cash

Cash bail means paying the full amount of the bail. This is not something most people can afford, but if you pay cash, it will be refunded if you appear in court as ordered at the end of your case. The court could deduct fines and fees from the bail money at the end if reasonable.

Surety Or Secured Bond

Surety bonds mean buying a bond from a bail bond company. They usually charge a 10% nonrefundable fee on the bail amount. To buy a bond, you would pay 10% upfront and/or sometimes put-up collateral, such as a home or vehicle. For instance, if the court sets your bail at $10,000, you can often pay $1,000 to a bonding company for the nonrefundable fee and they will in return post the entire $10,000 bail on your behalf.

If you do not appear in court, the bonding company has to pay the court the total amount. Naturally, bonding companies do not like it when this occurs, and they will look for the person to bring them back in. If the bond company loses money, they will likely go after the signer, co-signer, and/or collateral to get their money back.

Property Bond

If you own valuable property, you might be allowed to post bail with a property bond. The property value must be worth at least the full bail amount, but some jurisdictions may require the property value to exceed the amount of bail by a certain percentage.

Recognizance Bonds

Release on recognizance allows you to stay free while the case proceeds, based on a promise to appear in court. This kind of release does not require paying, but you must still sign an agreement. In some situations, there is a financial penalty if you fail to appear.

Judge Signs Order For Bond Conditions

For you to be released on bail or bond, the Galveston County judge must sign an order that sets the conditions of your bond or release. This court order allows you to be released from jail but also sets certain conditions for the release. Whatever requirements are put in the order must be closely followed. Your bail or bond will be revoked if you do not follow these conditions.

The bail conditions vary based on the case, but the possibilities are outlined in Code of Criminal Procedure Art. 17.01. The judge has the authority to place various reasonable conditions to safeguard the victim and the community. In many cases, one of the most critical conditions of bond or bail is a restriction on contact. The defendant may be ordered not to come close to the alleged victim. Some other restrictions that may be placed on you include:

• The requirement to go to every court hearing for your case
• Restrictions on where you can go, as well as curfews
• Reporting regularly to court services
• Not using illegal drugs or alcohol
• Surrendering firearms or passport

The court can also set other bail conditions, assuming they are reasonable and necessary to safeguard the community’s and victims’ safety and health.

Can Bail And Bond Conditions Be Challenged?

Yes. In this state, bail or bond conditions are not permanent. The prosecution can challenge them, and if new evidence or developments come about, the bond conditions can be changed. In many cases, the state will try to put the most restrictive conditions on the defendant. Sometimes the prosecutor will even try to get bail or bond denied. The court has to arrive at a balanced decision and consider the interests of both sides.

Your Galveston County criminal defense attorney can challenge the bond conditions and might get certain conditions modified or removed. For instance, if you have a GPS tracking device on your ankle and are under house arrest, your attorney could file a motion to remove the monitor. Your criminal defense attorney will do their best to ensure you have reasonable bail or bond conditions.

Who May Post Bail Or Bond?

Anyone willing to risk their money or property can post bail or bond. If you are the defendant, you can post your bail or ask someone in your family to do it. If you use a bond company, the company will likely require a co-signer, who will help to find you if you do not appear. Your co-signer has collateral on the line, so it is to their benefit for you to appear.

What Factors Affect Bail Amounts?

The judge will typically set a bail amount at your initial court appearance after the arrest, which could be an arraignment or bail hearing. Most judges will stick to standard procedures, such as setting a lower bail amount for a nonviolent misdemeanor. But judges can raise or lower the bail according to the case circumstances.

The seriousness of the charged crime is a major factor in how much the bail amount is. Also vital is your past criminal record, whether you are employed or have strong ties to the community.

Depending on the jurisdiction, some courts may use a bail algorithm to determine the bail amount and whether a defendant should be released. Certain information about the defendant is entered into a computer program, and a recommendation or score is produced in this case. The bail algorithm may consider factors such as age, criminal history, and others to assess the likelihood that the defendant will come to court.

In extreme cases, the judge may deny bail completely. For instance, if another jurisdiction has a warrant on you, the judge could keep you in jail so the other jurisdiction can resolve the matter after the first matter is resolved.

Generally, bail for felonies is almost always more than the cost of bail for misdemeanors. The more serious the crime, the higher the bail will be.

Getting Help With Bail Or Bond

You probably want to get out as soon as possible when you are arrested and in jail. But understanding your bail and bond options can be complicated if you are unfamiliar with the system. You or your family should promptly retain a criminal defense attorney and learn your options. Your lawyer can explain the multiple options to bond out of jail, and they also may argue for a lower bail amount. If you sign with a bail bond company, ensure you understand the bond’s conditions.

Contact Our Galveston County Criminal Defense Attorney

Bail and bond can be confusing and intimidating if you are unfamiliar with the system. If you have been charged with a crime and have a bond, our Galveston County criminal defense attorney can help, so please contact Mark Diaz & Associates at (409) 515-6170 for a case review.