Our FAQ and How Bail Bonds Work
While less common, there are things that can make this bonding process more complicated.
Additional Warrants
Warrants are checked when a defendant is first booked into jail and again as the defendant is being processed out for release. Warrants can be created or entered into the statewide database at any point in time, which means that occasionally new warrants are discovered after bonds have been posted to the jail. If a new warrant is discovered while the defendant is being booked out, the jail will not release the prisoner, instead holding them on the new warrant.
Any new warrants do not invalidate newly posted bond(s). As such, the cosigner cannot obtain a refund when this happens. The new warrant will have to be managed separately either by posting a bond for that warrant or letting the defendant be transferred to the county that issued the new warrant. We can guide you through the best course of action if this occurs. See Warrants for addtional information.
Immigration issues
Immigration holds can only be addressed by an Immigration attorney.
Bond Conditions
Certain charges may have additional conditions set by the magistrate or court. Violating bond conditions can void the bond and reinstate a warrant. Sometimes, we can find out bond conditions before release, but other times, we may only know after release. Examples of bond conditions include:
With our years of experience, we can help guide you and your loved one through this process as painlessly as possible.
Additional Warrants
Warrants are checked when a defendant is first booked into jail and again as the defendant is being processed out for release. Warrants can be created or entered into the statewide database at any point in time, which means that occasionally new warrants are discovered after bonds have been posted to the jail. If a new warrant is discovered while the defendant is being booked out, the jail will not release the prisoner, instead holding them on the new warrant.
Any new warrants do not invalidate newly posted bond(s). As such, the cosigner cannot obtain a refund when this happens. The new warrant will have to be managed separately either by posting a bond for that warrant or letting the defendant be transferred to the county that issued the new warrant. We can guide you through the best course of action if this occurs. See Warrants for addtional information.
Immigration issues
Immigration holds can only be addressed by an Immigration attorney.
Bond Conditions
Certain charges may have additional conditions set by the magistrate or court. Violating bond conditions can void the bond and reinstate a warrant. Sometimes, we can find out bond conditions before release, but other times, we may only know after release. Examples of bond conditions include:
- Installing an alcohol breathalyzer device in a vehicle.
- Protective or restraining orders.
- GPS monitoring (ankle monitor).
- Continuous alcohol monitoring.
- Other restrictions like not drinking or attending school.
Our agency can't monitor all of these conditions, but violating them can cause more legal troubles.
With our years of experience, we can help guide you and your loved one through this process as painlessly as possible.
Complications
See FAQ for Common Questions
- The Magistrate sets the bonds.
- The defendant or their family will reach out a bondsman and will be guided to identify the cosigner for the bond.
- The cosigner will need to provide certain employment, ID and reference information along with signing contracts related to the bond. In our office this process typically takes 20-30 minutes. References will only be contacted if the cosigner and defendant become unreachable. Cosigning may be done remotely with email and DocuSign saving the cosigner a trip to our office in Bastrop in certain cases.
- The fee and payment plan if applicable is agreed between the bondsman and cosigner but the payment can be made by anyone. For example, the defendant's brother may cosign even if the fee is to be paid by other family or friends. The initial fee or down payment is made before the bond is posted to jail.
- The bond is posted (delivered) to jail. Once this occurs the jail will begin the release process. This can take between 30 minutes to 4 hours depending on the jail. We cannot control the length of time the jail takes.
- Once released the defendant must return to our office for an orientation and to complete their required paperwork and documentation.
- The defendant will need to check in with our agency each week on Tuesday. See Client Instructions for more on being under bond.
What are the steps?
Bail will be set by the magistrate usually the day after the arrest, between 2 to 48 hours after arrest depending on the schedule of the local jail.
Once bail is set, we will be able to quote a price for the bond(s) and we can begin the process obtain release. To bond out the defendant will need two things:
Once bail is set, we will be able to quote a price for the bond(s) and we can begin the process obtain release. To bond out the defendant will need two things:
- The fee which will be determined based on the face value of the bond and any other conditions of the bond
- A qualified cosigner who knows and trusts them to appear at all their court hearings. All cosigners must be legal Texas residents, additional qualifications are determined by the $ value of the bond and any other conditions specific to the charge/warrant. Larger value bonds will have greater requirements for the cosigner.
How does it work?
The most common scenario for needing bail is when the defendant has been arrested suddenly on a new or existing charge. An existing charge will have an associated warrant while a new charge may be referred to as a probable cause charge. Either way, your person will need bail.
Do you have someone in jail? You might need a bail bond.
Introduction to Bail Bonds
Check our FAQ for more answers or call us, and we will do our best to guide you through this situation.
- If the client misses court and doesn't resolve the issue, the cosigner pays the cost of any bond forfeiture, court costs, and recovery fees. These costs aren't discounted by the bond fee. The defendant’s actions are key to a good outcome.
Bond Forfeiture
- Getting an FTA (Failure to Appear) happens when the defendant doesn't show up on the correct date and time or leaves before the judge dismisses them.
- Most times, when an FTA occurs, a new warrant is issued. If it's a first-time FTA, the court might be lenient if the defendant quickly requests a reset. Subsequent FTAs are harder to resolve. If the defendant must miss court due to an emergency, it's important to document it and provide it to the court or attorney quickly.
- If the FTA isn't resolved, a warrant will be issued, and bond forfeiture may start. The defendant will need to return to jail to resolve or reduce the cost of the bond forfeiture. Acting quickly can reduce or eliminate the cost of the forfeiture to the cosigner. The defendant might be able to get a new bond after resolving an FTA.
Attending Court Hearings
- Most bonds need a cosigner who knows and trusts the defendant to help ensure all court dates are attended. The cosigner might have to meet certain qualifications and could face financial consequences if the defendant misses court.
Cosigner Requirement
- Surety bond fees are a percentage of the bond's full value and are kept by the agency that provided the bond. If you got a bond from a bail bondsman, it's a surety bond, regardless of payment method.
Bail Bond Fees Are Not Refundable
- Can't Make Bond: If the defendant can't make bond, they'll stay in jail until their court dates or until re-evaluated. Re-evaluation can take weeks to months, depending on the offense. Re-evaluation can result in a bond reduction or even granting a PR bond if initially denied.
- Makes Bail: When a defendant makes bail, they are released from jail and return to normal life, but they must attend all court dates. PR and Surety bonds have conditions to follow while waiting for court. It's important to follow these conditions to keep the bond.
- Case Concluded: When the court comes to a verdict, the bond ends. Bail bonds conclude at the start of probation, incarceration, or after dismissal.
How it works
- Surety Bonds: This type of bond is offered by a professional bail bondsman. Surety bonds can be bought for a fee, which is a small percentage of the bond's full value. This is the only type of bond you can get from a bail bondsman like Ms. K’s Bail Bonds.
- Cash Bonds: This is cash paid to the county (not to a bail bondsman) and held until the defendant’s case is done. Cash bonds are paid by the defendant or their family and are always 100% of the bond's value. Cash bonds are usually returned to the defendant, but the county may keep a small handling fee if all bond conditions are met, and all court dates are attended.
- PR or Personal Recognizance Bonds: This bond is provided by the county at little or no cost to the defendant but may require cooperation with a county agency like pre-trial services. The magistrate decides whether to provide a PR bond when the bond is first set.
Types of Bail Bonds
To understand bail bonds, let's start with bail itself. Bail is money a defendant pays to get out of jail while waiting for their trial to finish. A bail bond is a promise to the court that the defendant will show up for all their court dates.
Bail Bond
If you or a family member has an outstanding warrant, please Contact us for expert advice tailored to your specific situation.
If you are proactively attempting to resolve a warrant, is it possible to do so without seeking assistance from friends or family? Occasionally, yes. However, even when feasible, this approach may result in a higher initial bond amount, making a cosigner a potentially more advantageous option. Nevertheless, if maintaining discretion is a priority and the defendant meets the financial qualifications, it may be possible to proceed independently.
Do I really need a cosigner?
Getting the Walk-Through Bond
We advise arranging your bond in advance to control the timing and location of executing your warrant. While you will spend several hours at the jail, this avoids the public embarrassment of an unexpected arrest. This process is known as a "walk-through."
A walk-through involves voluntarily going to jail with a known warrant and a plan for quick release. Our quick release strategy is most effective in the counties we serve, though it may differ elsewhere.
A walk-through involves voluntarily going to jail with a known warrant and a plan for quick release. Our quick release strategy is most effective in the counties we serve, though it may differ elsewhere.
- The defendant arranges the bail in advance. At least one day before the walk-through, the cosigner and the defendant will visit our office to complete the contracts, provide the required identification and other documents, and pay for the bond. This process typically takes about 30 minutes.
- The defendant retains possession of the bond, a legal document, continuously until the scheduled walk-through. This measure ensures that the bond is accessible in the event of an unexpected arrest before the defendant voluntarily surrenders.
- The defendant, with their bond in hand, should present themselves to the jail very early in the morning on the day of their walk-through. It is important to arrive at the jail well before the daily visit of the magistrate. Arriving late and missing the magistrate's visit can result in additional time spent in jail until the next day. Remember to bring your bond!
- The defendant will appear before the magistrate as required by law and then be processed out. Typically, this occurs before others since the bond is already in place.
- The defendant will observe all bond requirements and attend all court hearings. See Client Instructions for more details.
Walk-Through Strategy
If you or someone you know has been informed of a warrant before arrest, we can help make the process of addressing it as smoothly as possible. It is important to address known warrants promptly to avoid unexpected arrests, which can be more traumatic and inconvenient.
If you become aware of a warrant, it is useful to gather information such as:
You do not have to know all these things to resolve a warrant. However, more information can speed up the process.
Contact us to find out if you need a bondsman. Some warrants, such as those for traffic fines, can be resolved without a bond, while most others will require a bond.
If you become aware of a warrant, it is useful to gather information such as:
- The name of the defendant
- The offense or charge
- The issuing county (the county where the suspected offense occurred)
- The recommended bond
- Any additional details, such as the officer's name if available, the age of the warrant, and any known conditions.
You do not have to know all these things to resolve a warrant. However, more information can speed up the process.
Contact us to find out if you need a bondsman. Some warrants, such as those for traffic fines, can be resolved without a bond, while most others will require a bond.
Be Proactive!
Dealing With An Active Warrant
A warrant is a legal order issued by a court that grants law enforcement the authority to arrest an individual. Warrants are typically issued for suspected involvement in criminal activities, failure to attend a court hearing, or failure to pay fines.
The process of arresting an individual based on a warrant is referred to as executing the warrant. Law enforcement officers may execute warrants at any time, including while the individual is driving, at their residence, workplace, or any other location.
Following the arrest of the defendant, the procedure for release will be identical to that of any other arrest. For further details on how to proceed, please refer to the Bail Bond section.
The process of arresting an individual based on a warrant is referred to as executing the warrant. Law enforcement officers may execute warrants at any time, including while the individual is driving, at their residence, workplace, or any other location.
Following the arrest of the defendant, the procedure for release will be identical to that of any other arrest. For further details on how to proceed, please refer to the Bail Bond section.
Warrants
Life can be unpredictable, and you might face a warrant. We're here to help ease the process. With over 40 years of experience, our family-owned company offers respectful and compassionate service to all clients, no matter what the situation.
Each case can be different: If the defendant misses a court date, by accident or due to unforeseen circumstances, contact us as soon as possible for the best advice to resolve any warrants. You will need to contact your attorney or the courts directly if you have no attorney.
If a defendant misses a court date and does not work to resolve the issue with the courts, a failure to appear (FTA) arrest warrant is issued and financial consequences for the cosigner result from the forfeit of the bond.
If a defendant misses a court date and does not work to resolve the issue with the courts, a failure to appear (FTA) arrest warrant is issued and financial consequences for the cosigner result from the forfeit of the bond.
You have the option, but if you are unable to afford it, one can be provided for you. You will need to apply to the county to receive an appointed attorney, selected from the pool of private attorneys practicing in that county where the case will be prosecuted. We are not permitted to recommend attorneys.
Does the defendant have to hire an attorney?
What if the Defendant misses a court date?
The courts will send the defendant a letter indicating their first court date.
Our agency will also notify you of court dates by text using the check-in number. You may also ask questions about your case by text using the check-in number but be sure to identify yourself in the text as well.
Our agency will also notify you of court dates by text using the check-in number. You may also ask questions about your case by text using the check-in number but be sure to identify yourself in the text as well.
How will the defendant know when to go to court?
This answer depends on the type of case and the county. For an existing case that has been filed and indicted, the court dates may be scheduled within a few weeks.
A new event such as the first arrest in a case, can take several months to a year or longer for the first court date to be set. The case must have its first court date within the statute of limitations, or it can be dismissed.
Statute of limitations are as follows:
Misdemeanors - 2 years from the date of arrest
Felonies - 3 years, 5 years or longer depending on the specific charge.
A new event such as the first arrest in a case, can take several months to a year or longer for the first court date to be set. The case must have its first court date within the statute of limitations, or it can be dismissed.
Statute of limitations are as follows:
Misdemeanors - 2 years from the date of arrest
Felonies - 3 years, 5 years or longer depending on the specific charge.
When will the defendant get their first court date?
Check-ins are required until all bonded cases are resolved or disposed. If you are not sure, please ask.
- This can take several court hearings.
- Disposed cases have a final judgment such as dismissal, probation, or time served.
- If you are granted deferred adjudication, you may still be under bond until the time limit of the deferred sentence.
- If the statute of limitations expires, we will work with the courts to conclude your case. However, you must continue to check in weekly until a resolution is formal.
How long does the defendant need to keep checking in?
Bail bondsmen typically do not have a personal relationship with their clients and are often unaware of their likelihood to appear in court. Most bonds necessitate a cosigner who is familiar with, trusts, and can influence the defendant to ensure attendance at all court proceedings. This cosigner must meet specific qualifications and may incur financial penalties if the defendant fails to appear for any hearings.
Why is there a cosigner required for a surety bond?
Bond fees for a Surety Bond/Bail Bond are not refundable regardless of the duration of the bond or the outcome of the case.
See the Section on Bail Bonds for more information.
Do I get my money back after the case is over?
Our fee typically starts at 10% of the face value of the bond but may be higher for certain situations such as multi-county or out-of-county bonds.
Payment plans are available on most bonds.
Payment plans are available on most bonds.
What do surety bonds cost??
A surety bond is the type of bail bond sold by bail bond companies such as this one.
See the Section on Bail Bonds for more information.
See the Section on Bail Bonds for more information.
What is a Surety Bond and is it the same as a Bail Bond?
Frequently Asked Questions
