|
****This is a very brief, general guide intended
to allow a layman to get an idea of the legal process in Texas criminal
law. "Legalese" and other gobbledegook is limited.
BAIL
Bail is the means by which the government ensures the
accused's appearance at trial while allowing the accused to be "at
liberty" before trial.
In some jurisdictions, the amount of bail required is
preset for certain types of arrests, and posting bail can be a quick and
efficient procedure.
Otherwise, bail must be set by a magistrate, usually within
24 hours, again depending upon locale and availability of a magistrate.
Bail is posted when the accused deposits cash at the jail,
a bail bondsman "bonds out" the accused, or the accused signs
a "personal recognizance" bond (basically a promise to appear).
At the time of release, the jail is supposed to inform the accused in writing
of the accused's "court date".
A bail bondsman acts as a "surety", kind of
a co-signer, promising that the accused will appear for court. The bondsman
will be held responsible for paying the full amount of the bail if the
accused fails to appear for court. The accused is also liable
for the full amount.
The accused basically promises to appear in court until
his case is final. Failure to appear for court is a crime in and of itself
and will result in posted bail being forfeited and a warrant issued for
the accused.
Sometimes these warrants have a notation of "no bond"
on them. A new bond will be set only after a hearing. The new bond
will likely be much higher than the previous bond, given the person's
history of failing to appear for court as required.
Judges may require so-called "reasonable" conditions
of bail prior to trail. Such conditions include requiring the accused to
report to a probation department, pay a pretrial supervision fee, and undergo
drug testing and evaluation. The accused is normally required to refrain
from using illegal drugs, avoid the alleged victim, and maintain employment,
among other conditions.
Faithfully appearing at court dates results in the return
of cash bail at the end of the case.
|
