Bail Bonds

Bail Bonds, Bail Hearings and Bail Forfeitures

When you are arrested in Texas, your freedom will be taken from you by law enforcement as you are physically taken into custody and enter the criminal justice system. If or when you are free to join your loved ones while you await trial of your case will depend upon a judicial determination that often involves setting bail.

Texas Code of Criminal Procedure Art. 17.15. Rules For Fixing Amount of Bail:

The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by these rules:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.

Bond Reductions

Bail bonds and bail bonding companies exist to help people secure release while their case navigates the criminal justice system. Most people need financial help to make that bail amount, and attorneys often challenge the amount in instances that justify a lower or less expensive bail amount.

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Bond Forfeitures

After bail is given, if a defendant fails to appear for a scheduled court date, a warrant is issued and the bond is forfeited. At this hearing, a bond company or individual bond poster, through their attorney, can present evidence and arguments to the court as to why the bond should be exonerated and not forfeited to the State.

Defendants, bail bondsmen and surety companies confront a unique risk because if a defendant misses court, it can mean paying a sizable bond forfeiture judgment. The defendant is also liable personally for the amount of the bond forfeiture. We can help to reduce the amount of bail or with the aftermath when a defendant misses court by filing a motion to reduce a bond or asserting procedural defenses to a forfeiture judgment.

Fighting For You

You deserve justice, no matter what. If you’re facing criminal charges, do not let too much time pass. Call us right away at 903-405-2686 or email us to talk with an experienced, dedicated attorney from our firm.

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