When a person is arrested, especially for the first time, they and their loved ones face a confusing onslaught of unfamiliar new terms, processes, and demands. They have to make a lot of serious choices, quickly, and seldom know where to start.
River City Bail Bonds has been bailing out bond-eligible defendants for years in San Antonio/Bexar County and surrounding areas and we have, naturally, received a lot of questions from concerned, stressed out people in this situation; trying to navigate the system and make the best of a difficult situation.
This guide answers 20 of the most common bail bond questions we hear, and will help you better help you understand the choices you face, the options you have, and the responsibilities you assume when posting bail.
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Bail Bond Basics
1. What Is a Bail Bond?
A bail bond is a financial arrangement that allows a person arrested to post bail and await trial out of jail, without having to personally give the full bail amount to the court.
When a person is arrested, a magistrate (judge) determines if they can be bailed out or must await trial in detention. If they are bail-eligible, the magistrate “sets bail,” deciding the amount of money the defendant must temporarily give the court (for the duration of their case) in exchange for being released from pre-trial detention.
The bail amount is often too much for someone to temporarily part with, in which case they may be able to post bail using a bail bond. This means they work with a bail bond company, who hands over the full bail amount to the court, and charges the defendant a non-refundable portion of that amount (usually 10 percent).
A defendant out on bond must attend all their court hearings and adhere to all bail conditions. If they do not, they may owe the bondsman the full bail cost and re-arrest and other legal/financial consequences.
2. How Does a Bail Bond Work in Texas?
In Texas, after a magistrate sets a defendant’s bail, the person may be able to post a bond through a reputable, licensed bail bonds company, and get out on pre-trial release.
The process goes as follows:
- The accused party is arrested and taken to jail;
- The person is “booked,” i.e., fingerprinted, has information about them collected, has property confiscated and filed if necessary, and is placed in a detention cell;
- The person goes before a magistrate (sometimes quickly, sometimes less so depending on court operations) and has bail set;
- If the person cannot afford “cash bail,” they can contact a bail bondsman or have a bail bond co-signer (family member, loved one, etc.) do so;
- The arrested person or a co-signer fills out the appropriate forms, assumes responsibility for the bond and pays the non-refundable bond fee (a percentage of the full bail amount);
- The bail bondsman furnishes the court with the full bail amount;
- After processing, the defendant is released to await trial out of detention.
3. What’s the Difference Between Bail and a Bail Bond?
Bail is the money which someone must provide the court to get released from pre-trial detention (and which stays with the court until the trial’s end). A bail bond is a payment method wherein a bondsman provides the full bail cost to the court, and a representative of the bailed-out party pays the bondsman a non-refundable fee for the service.
4. How Much Does a Bail Bond Cost in Texas?
Ultimately the bail bond company decides what to charge, but a bail bond usually costs 10 percent of the full bail amount. So if you bail a loved one out on $10,000 bail, you pay the bondsman a $1,000 non-refundable fee (you do not get that money back).
If you cannot afford that fee up-front, a bondsman may allow you to pay in installments. You may also be asked to put up high-value items for collateral to assure payment, specifically to cover the cost of full bail should the defendant shirk their responsibilities.
As with any binding financial arrangement, you should ask about the total cost, including any additional costs that you may incur under any circumstances, so you know what you are getting into.
5. Who Decides How Much Bail Is?
The magistrate or judge sets bail, taking into account factors about the defendant and the crime that has allegedly been committed.
These factors include (but are not limited to):
- Criminal history;
- Severity of alleged crime;
- Perceived flight risk;
- Potential danger to the community.
Since it depends on a magistrate’s judgment, there is no exact, guaranteed formula for determining bail, but concerns about danger to the community or risk of absconding yield higher bail amounts.
Posting a Bail Bond
6. What Information Do I Need to Bail Someone Out of Jail?
When bailing someone out you should be ready to provide basic biographical information and information about their case.
This information includes:
- Basic biographical data of the arrested party (Full name, birth date, etc.);
- Arrest details (jail location, information about charges/bail cost where available).
A bail bond company like River City Bail Bonds knows the jails well, and can often get further important information about the defendant’s booking.
7. Do I Need a Co-Signer for a Bail Bond?
Whether or not you require a co-signer depends on what the bail bond company requires and sometimes the case specifics. A co-signer is a person who takes on financial responsibility for the bail bond (i.e., pays it or assures it is paid). This may include owing the full bail cost if the defendant violates bail conditions or skips court.
8. Can I Bail Someone Out of Jail at Night or on the Weekend?
A bail bonds company like River City Bail Bonds can generally get the bail process started outside of normal business hours. Though the actual release timing depends on the court, its operating bandwidth, its case backlog, and other factors.
When you are bailing someone out of jail, you should move urgently and contact a bail bonds company as soon as possible.
9. Can I Post a Bail Bond if I’m Not in San Antonio?
A bail bonds company like River City Bail Bonds may allow you to bond out a loved one in San Antonio remotely, depending on the circumstances of the case and your resources.
First, call to discuss the situation. Then, since there is legally binding paperwork required, you will likely need:
- An internet connection (to send documentation);
- A way to print/fill out paperwork;
- A way to provide payment remotely (i.e., credit card).
10. Do Bail Bonds Require Collateral?
Putting up collateral is sometimes part of how bail bonds work, but is generally reserved for large bail amounts. “Collateral” means high-value assets (furniture, a car, a house, etc.) that you use to assure a bail bonds company you will pay what you owe.
For instance, if the cost of full bail is $50,000 and you put a car up as collateral, and the defendant violates, leaving you on the hook for the full cost, the car may become the property of the bail company. If, on the other hand, the defendant adheres to conditions to the end of trial so no money is owed, the car will be returned.
That hypothetical situation is just one possible arrangement. You should always understand the specifics of your collateral agreement to know exactly what you might have to give up, under what circumstances.
After the Bail Bond Is Posted
11. How Long Does It Take to Get Out of Jail After Bond Is Posted?
The jail and court system ultimately determine how quickly a person is released from detention after posting bond, with no guaranteed release timeline. Administrative backlogs, weekends/holidays, and internal processes for practicing can all stretch out timelines.
A bail bondsman can post bond quickly on your behalf and get the process moving, but cannot control the jail operations.
In Bexar County and San Antonio, when bonding out from DWI for example, it generally takes 1 to 6 hours for the bond to be posted successfully and a person usually spends between 12 and 36 hours in detention total. However every case is different; different charges and magistrates and other factors may extend timelines.
12. What Happens After Posting Bond?
When someone is released on bond they must attend all court dates required and adhere strictly to any bond conditions imposed by the court, or risk being re-arrested and owing full bail.
To assure compliance with these demands, people out on bond should:
- Keep information about the court on hand and keep dates in a calendar;
- Stay in regular communication with the bond company and court as necessary;
- Make sure to check with the court or bond company with any questions;
- If contact information changes (e.g., new phone number), quickly inform the bond company and court.
13. Can You Leave Texas While Out on Bond?
A person’s freedom to leave Texas while out on bond depends on their release conditions. Any defendant who plans on traveling while out on bond should first confirm with the court that it is allowed. Someone out on bail should never assume that they are allowed to travel without confirming, or they risk violating court-imposed restriction.
14. Can You Work While Out on Bond?
A person out on bond can still work, though release conditions (i.e., travel restrictions, no contact orders) may create obstacles that affect what they can do, where, in the course of their employment.
15. Can Someone Be Arrested Again While Out on Bond?
Yes, someone can be arrested for committing a separate crime while out on bail. Being arrested will reflect poorly in the court’s eyes and can impact both remaining out on pre-trial release and the existing case.
Court Dates, Missed Appearances and Bond Problems
16. What Happens if You Miss a Court Date While Out on Bond?
Missing a court date while out on bond is very serious and a bailed-out defendant must avoid missing or skipping court at all costs. It can carry significant legal and financial consequences.
Some of those potential consequences include:
- Being charged with “failure to appear”;
- Having a warrant out for re-arrest;
- Forfeiting bond.
If a defendant or co-signer believes the person out on bail may miss court or has missed court, they must contact the bail bond company as quickly as possible to determine what the consequences may be and how to proceed.
17. What Is Bond Forfeiture?
Bond forfeiture is when a defendant fails to meet their obligations to the court (failing to appear for a court date, violating bond conditions, etc.) and the court revokes the bond.
For the defendant, this may mean owing the full cost of bail and being re-arrested to await trial in detention.
For the bail bond company, this means having to collect the full bail cost from the defendant and/or co-signer.
For the co-signer, this means being ultimately responsible for whatever money the defendant owes, even if the defendant cannot produce it themselves.
18. Can a Bail Bond Be Revoked?
Yes, if a defendant violates certain bail conditions or misses a court appearance they may lose their bond and be returned to jail to await trial. However, specifics of the violation and the court/magistrate’s decisions determine bond revocation.
Paying and Completing a Bail Bond
19. Do You Get Bail Bond Money Back When the Case Is Over?
If you use a bail bondsman, you will not get the fee that you pay them for the bond back after your trial. If you pay full bail directly to the court, you will receive that money back if you meet your obligations (minus any possible fees). The distinction between a bail bond fee and bail cost is important to understand here.
The bail bond fee is the (usually) 10 percent of the full bail cost that you pay to the bail bondsman in exchange for their assuming the full bail cost to bail you out. That fee is non-refundable.
If you pay the full bail cost yourself (called paying a “cash bond”) and you adhere to all bail conditions and make all your court dates, you will get back all or most of that money (minus any additional fees assessed).
If you put up collateral to cover a bail bond, and you adhere to conditions and make your court dates, you will get those items back.
Why does it work this way? Because bail is not a fine or a fee you pay to get out of jail; it is money that the court holds to assure that a bailed-out individual returns to court (in order to get the money back post-trial). A bail bondsman covers prohibitively expensive bail amounts in exchange for a fee so a person who can’t part with the full bail cost for the duration of the trial can still get out on pre-trial release.
20. When Is a Bail Bond Finished?
A bail bond generally stays in place for the duration of a case, until the court decides it is discharged or some other event ends it.
However, just because you haven’t thought about the bond in a long time, does not mean your responsibilities have ended. Defendants and cosigners should never assume that their obligations are met without getting confirmation from the bail bond company and the court.
What Should I Ask a Bail Bondsman Before Signing?
Signing for a bail bond is a significant financial and legal responsibility. Before agreeing to sign or co-sign for one, you must be aware of the total amount of money you will owe, the nature of the co-signer relationship, the potential need for collateral, the demands on the defendant who is bailed out and what it means for anyone involved in the bond, legally and financially, if the person skips court or otherwise violates. And last but not least, you should know when your obligations are officially over.
If you are working with a reputable bail bonds company, the bondsman will gladly explain the process to you, detailing everything you need to know before you sign any documents.
Need Help Posting a Bail Bond in San Antonio?
These bail bond questions and answers should be helpful, but the best way to move forward when you need to post bail is with the help of a reputable, trustworthy bail bondsman.
If someone you know has been arrested in San Antonio or Bexar County and needs to be bailed out, River City Bail Bonds can help. The Texas bail bond process is our business, so for San Antonio bail bonds and ones in the surrounding areas, we can help you understand what you’ll need, what your options are, and what responsibility you’ll be taking on.
Contact us now and discuss the specifics of the case so we can get the process moving as soon as possible.
