Being arrested for a misdemeanor may be an overwhelming experience when you do not know how to go about the process. Sometimes, when criminal charges are placed against a person, that can feel very intimidating; however, the law does offer avenues for people to have themselves released before trial. This is one of the most common ways, and they can very much ease the process of getting your freedom back after being arrested. In this article, we will talk about how bail bonds in Houston Texas, work for people arrested for misdemeanor offenses and how they can get released as quickly and efficiently as possible.
What Are Bail Bonds?
Understanding the Concept of Bail
Once someone is arrested for committing a crime, he or she will often be taken into custody, where they will wait until he or she goes to court. Bail is a term whereby a defendant may leave jail before his or her date in court and still guarantee their appearance. In exchange, the bail ensures the return of the individual. The bail amount will thus be forfeited in the event the defendant fails to show up in court.
Bail can come in all shapes and sizes: cash bail, property bail, or a bail bond. In most misdemeanor arrest cases, bail is established at an amount that should be within reach of nearly all defendants. Sometimes the defendant cannot raise the total amount. That is where a bail bond is helpful in such cases.
What is a Bail Bond?
A bail bond is the kind of surety bond that a bail bondsman offers to post on behalf of a person who cannot afford to raise the full amount of money to pay for bail. A fee is charged to the bondsman, usually as a percentage of the amount of bail, which the person does not get back. The bondsman, after accepting the fee, ensures the defendant’s appearance in court at the scheduled date.
For example, in the case of a misdemeanor arrest that warrants a bail of $2,000, if the defendant is unable to raise this money, they can approach a bail bondsman to pay the bail for them and receive a fee that ranges between 10% and whatever the bail is. The defendant is, therefore, released from jail soon after the arrest without necessarily paying the full bail amount personally.
The Process of Bail Bonds for Misdemeanor Arrests
Step 1: Arrest and Booking
A defendant is brought into a local jail with a misdemeanor charge against them. In this instance, their personal information would be recorded, and they would be entered into the records in the jail. The above scenario states that he is allowed to post his bail; however, in certain situations, he would be given time to wait for his bail to be set till his date of hearing.
Step 2: Bail Hearing and Bail Amount Set
In many misdemeanor cases, the judge can fix bail in a bail hearing that would have otherwise taken place shortly after the actual arrest. In these determinations of bail, a judge usually grounds his determination on some criteria which could be the nature of the offense, as well as the history of similar crimes by the defendant or his flight risk. Sometimes, the court accepts a bail bond, and the bondsman will take responsibility and pay bail for the individual.
Step 3: Contact a Bail Bondsman
Once the amount of the bail has been set, a defendant can find a bondsman by contacting his family member in order to get a bail bond. A bondsman charges a premium, 10-15% of the total bail, which the bondsman gets as their non-refundable form of payment for their service. Sometimes, a bondsman might ask for collateral, an item such as a car or property, to use for security purposes until the whole amount of bail is released.
Step 4: Posting Bail and Leaving Jail
After the bail bond is made and the premium paid to the bondsman, he posts the bond in the presence of the court, which permits the defendant’s release. When the bail bond has been posted, the defendant may leave the jail to await his appearance date in court. Generally speaking, he has to execute an undertaking indicating his obligation to appear in court.
Step 5 Court Appearance and Resolution
Now that the defendant has been granted bail, he will attend all scheduled court dates. In case the defendant shows up to all the appearances that the court requires and appears for the resolution of his case, then the bail bond is now full, and the bondsman owes the court nothing. Still, if the defendant fails to appear in court, the full amount of the bail may now be demanded from the bondsman. Moreover, the defendant will be subjected to further legal action for failing to attend their court date.
Advantages of Using Bail Bonds for Misdemeanor Arrests
Quick Discharge from Jail
The foremost benefit of taking bail bonds in Houston, Texas, is how quickly the defendant may get out of jail. If bail is granted, the money can be accessed extremely rapidly when one gets a bail bond to return home or back to work in anticipation of waiting for his or her court date. It might be of immense importance for individuals who have other matters of responsibility at home or to start getting ready for defense.
Financial Break
Most people may not have the cash to clear their bail in full, especially in case of high bail amounts. In a bail bond, a person is allowed to post the bond for only a portion of the total bail amount, making it much more achievable. For people with misdemeanor offenses, this financial respite may be very important, especially when arrested unexpectedly.
Confidentiality and Convenience
Most bail bondsmen are private services where all the details of the defendant remain confidential. In such cases, they can advise families on how to make preparations for a bail bond process where the defendant will not need to sit for each procedure involved, making the whole process easier psychologically at stressful moments.
Professional help
A bail bondsman is very well aware of the legal process and can offer advice and guidance through the post-arrest process. For people who do not know how the court system works or the procedures, a bail bondsman can be a valuable source of information and support.
When Is Bail Not Available for Misdemeanor Arrests?
While most misdemeanor arrests will end with the setting of bail, there are instances where cases do not possess this chance. Such include cases of persons found to be likely:
- flight risks: a designation given when it becomes apparent that such a person is very likely to depart the jurisdiction before an arraignment date.
- Violent Crimes: If the misdemeanor is violent, like domestic battery or assault, the court may not give bail at all or could set an increased amount of bail.
- Repeat Offenders: If a defendant has an established trend of jumping bail or showing up at court, then the court would deny him bail or may increase the bail amount.
In this case, the defendant may have to wait until their case is heard and resolved in jail.
Conclusion
Getting arrested for a misdemeanor is overwhelming, but getting a hold of the whole bail bond process can give you better peace of mind and help guide you through the legal process. With such bonds, bail in Houston, Texas, is, thus, an important service because it allows defendants a release from jail while preparing the case and thus, grants them the opportunity to get prepared for their case while staying on with their normal life. You will walk away with your case safely once free and out of bounds behind bars by working with a reliable bail bondsman.
If you or a member of your family is arrested for a misdemeanor crime, then consulting a bail bondsman may be the step to freedom and effective management of the whole legal process.
