When someone with prior convictions is arrested again in San Antonio, the bail process becomes more complex, more expensive, and often more stressful for families trying to help. The law tends to treat repeat and habitual offenders more harshly, so the costs attached can be much bigger, and the legal process can drag on longer.
If you are a family member of someone with a criminal record recently arrested in San Antonio, and want to bail them out, you should understand how prior offenses affect bail cost, the offender’s responsibilities, and your own as you pursue securing a San Antonio bail bond.
This blog post will explain how a pre-existing criminal record can introduce additional challenges and obligations for both the offender and family or other bond co-signers, so you know your options.
Why Prior Offenses Matter in San Antonio
Texas has a number of legal codes mandating more severe sentences if an offender has particular prior offenses on their record.
For instance, if a person who is being charged with a third-degree felony is found at trial to have particular types of felonies already on their record, it can bump the current charge up to being treated like a second-degree felony, carrying harsher punishments.
Be aware of this fact if and when you or the offender seeks legal counsel, to understand what options are available.
Prior offenses don’t just impact sentencing. Bexar County judges consider criminal history when setting bail, so repeat or habitual offenders will likely have to pay more to get bailed out than first-time offenders.
Judges also regularly impose more bail restrictions on people who have more prior arrests, and keep a closer eye on them for potential restriction violations.
Higher Bail Amounts for Repeat Offenders
Just as sentencing tends to be harsher for repeat offenders, judges tend to set bail higher for those with multiple prior charges. The more crimes on a record, generally, the higher the bail. So, for a third DWI, for instance, bail is set higher than for a second, which is higher than for a first offense. The same goes for theft and other crimes. A criminal history of severe charges can bump up the bail cost on a new charge, even if the current charge is a lesser one.
Risk of Bail Denial or Restrictions
Texas magistrates can deny bail to repeat offenders. This is more likely when the felony committed is violent (to protect public safety) or the offender has violated probation (because the court questions their commitment to adhering to restrictions).
Courts can also make bail more difficult to attain by requiring bail to be paid in cash or disallowing a bond, so the offender must come up with the entire bail amount.
Keep these realities of the legal system in mind, and be prepared for delays and other complications if you are working to bond out a repeat offender.
Conditions of Release for Repeat Offenders
If a judge believes a habitual offender may engage in further illegal activity or behavior that could lead to criminality while out on bail, they can add bail conditions to discourage it.
This can include:
- The need for frequent check-ins with the court
- Regular testing for illegal drug consumption and even alcohol consumption
- Imposition of a curfew
- Restrictions on where the offender may travel
- GPS monitoring, i.e., with an ankle monitor.
Violating these provisions can lead to the revocation of the bond, meaning the offender will be rearrested and detained until trial.
What Co-Signers Should Know
If you intend to post bail through a bondsman on behalf of a repeat offender, be aware that:
- Because the bail will likely be set high, the bond will be higher as well.
- You will be more likely to have to put valuables, like property or vehicles, up as collateral, because of the large financial risk the bond company is taking.
- You, too, are assuming risk if you bail out someone who has a pattern of skipping court. Co-signing on a bail bond is a financial responsibility you must take seriously.
How River City Bail Bonds Can Help
Repeat offender cases can be complicated and can make posting bond difficult. The experienced bondsmen at River City Bail Bonds can help. Contact us today! We know how the system works in San Antonio, and clearly lay out the options available to you, so that you know what you are getting into and what you may face. We are available 24 hours a day, seven days a week, to guide families/co-signers through the process.
