Following a warrant less arrest, bail is usually set according to a published bail schedule or following the magistrate warning by a local justice of the peace.  Bail is made with cash or a bond.  A bond usually requires about a 10% fee to a bondsman.  If you do not have ties to the community or the bond is for a first degree felony or higher, most bondsman will require collateral.  The bondsman’s fee is non-refundable.  A cash bail is returned, less a small administrative fee, when the case is concluded.  Bail reductions are often obtained by negotiations between the criminal defense attorney and the prosecutor or by filing bond reduction motions with the court.  Our office has filed writs of habeas corpus to force some judges to set reasonable bail in cases.  We have successfully argued such motions and have obtained bonds for clients in all types of cases, including Capital Murder cases.

In cases where a warrant has been issued for a person’s arrest, a person may be able to post a bond without being arrested.  Such bonds are commonly known as non-arrest bonds.  A person reports to a bondsman and the bondsman takes the person to be processed and the person is released on the bail without being arrested.  Most bondsman in Texas are familiar with the procedure for such bonds.

In Texas, a person charged with a crime is entitled to bond in all cases except capital murder cases where: 1) the State is seeking the death penalty; and 2) the proof is evident and the presumption great that the person committed the crime and that a jury would give that person the death penalty.  Even in those cases a person can challenge the prosecutions assertion that the person should be held without bond.  A criminal defense attorney can file motions to obtain bond in these situations and others.  However, in some other limited circumstances, courts can restrict bail.  For example, a person is not entitled to bail on a motion to revoke probation.  But is entitled to bond on a motion to adjudicate (following a deferred prosecution). 

We are criminal defense attorneys who routinely assist clients in obtaining bonds and/or bond reductions in all courts.  In federal cases, we represent people through detention hearings and have been able to secure bail for clients.  Additionally, we routinely advise clients and their family members through the bonding process.