Using a Bondsman vs Paying Cash Bail in Texas Criminal Cases

Getting arrested and going to jail can be an incredibly stressful and scary experience. Many people find themselves struggling to come up with the money to pay their bail so they can get released while awaiting trial. In Texas, there are two main options for posting bail – paying the full cash amount set by the court, or using a bail bondsman. This article will explain how bail works in Texas, the difference between cash bail and using a bondsman, and the pros and cons of each option.

How Bail Works in Texas

After an arrest, the accused will be brought before a judge or magistrate for a bail hearing. This is when the amount of bail is set. Bail is a monetary amount determined by the court to ensure the defendant returns for future court appearances. It acts as collateral that is returned when the defendant shows up as required.

Texas law states bail should be set at the lowest amount needed to reasonably ensure the defendant’s return and the safety of the community. Factors considered include:

• Severity of the charges
• Defendant’s criminal history and record of appearing in court
• Ties to the community such as employment and family
• Financial resources

Bail amounts can range from a few hundred to hundreds of thousands of dollars depending on the case. Judges typically follow bail schedules that recommend standard amounts for certain offenses. However, judges have discretion to raise or lower the bail based on the circumstances.

Defendants have a right to request a bail reduction hearing if they cannot afford the initial amount set. Their attorney can argue for a lower bail citing factors like their limited criminal history, strong family ties, and financial limitations.

Cash Bail vs Using a Bondsman

When bail is set, defendants have two options – pay the full bail amount in cash or use a bail bondsman.

Paying Cash Bail

Advantages of posting cash bail:

• Get bail money back if all court appearances are made
• Avoid paying nonrefundable fees to a bondsman
• May be the only option for low bail amounts

Disadvantages of cash bail:

• Need to have the full bail amount in cash upfront
• Risk losing the money if miss a court date
• No help from a bondsman in ensuring appearances

Using a Bail Bondsman

A bail bondsman, also known as a surety, is a person or company licensed by the state to post bail bonds as a guarantee to the court that defendants will appear. Here’s how it works:

• Defendant pays the bondsman a nonrefundable fee, usually 10% of the total bail
• Bondsman posts a bond for the remaining 90% of the bail amount
• If defendant misses a court date, bondsman is responsible for paying the remaining bail
• Bondsman may require collateral like property or a co-signer on the bond

Advantages of using a bondsman:

• Only need to pay a fraction of the total bail (typically 10%)
• Avoid needing the full bail amount upfront
• Bondsman helps ensure appearances or they lose money

Disadvantages:

• Must pay a nonrefundable fee, usually 10% of bail
• Risks if miss a court date – bond revoked, new warrant, bondman sends bounty hunters
• Require collateral like property, car, house

Pros and Cons of Each Option

Whether to use a bondsman or pay cash bail depends on the case and defendant’s financial situation. Here are some key pros and cons of each option:

Paying Cash Bail

Pros:

• Get money back if make court appearances
• Avoid nonrefundable bondsman fees
• Only owe the court the set bail amount

Cons:

• Need full bail amount upfront in cash
• Lose bail money if miss court date
• No help from bondsman to ensure appearances

Using a Bondsman

Pros:

• Only pay a fraction of total bail (typically 10%)
• Bondsman helps ensure appearances
• Avoid needing full bail amount upfront

Cons:

• Nonrefundable fee, usually 10% of full bail
• Risk bond revocation, new warrant if miss court
• May need collateral like property or house

Finding a Bail Bondsman in Texas

If choosing to use a bondsman, make sure to find a reputable licensed company. The Texas Department of Insurance regulates bail bondsmen. Things to look for in a bondsman:

• Licensed by the Texas Department of Insurance
• Knowledgeable about local courts and procedures
• Offer payment plans or financing options
• Reasonable fees and collateral requirements
• Available 24/7 for bail emergencies

Good sources for finding licensed bondsmen include getting referrals from your attorney, searching state insurance department databases, or looking for local companies with many years of experience. Make sure to get quotes from multiple bondsmen before deciding and fully understand the terms.