You have probably heard commentary on the news that went a little something like this, “And his bail was set at $5,000,” or, “She was released from prison shortly after posting bail.” But what does it mean? Texas criminal defense lawyer Henry Wade of The Wade Law Firm explains that the process of setting bail is a pretty standard and relies upon a few factors.
As a Dallas judge for 10 years, Wade knows all about what bail is, setting bail amounts and how the final dollar amount is decided and paid for.
What is bail? Bail is a monetary value set by the court which, when paid, allows the temporary release of someone from prison until his next scheduled court appearance.
When is bail set? Bail can be set anytime after an individual is arrested. Depending on the severity of the crime, bail can be determined even just a few hours after the initial arrest. Sometimes it can also take days before bail is decided.
How is bail decided? Wade explains that each judge who has the responsibility of determining bail has a bond schedule he follows. The schedule is a loose guideline outlining the amount of money that is to be requested depending on the crime that you are being charged with.
What are other factors of setting bail? Besides following the bond schedules, the judge also takes into account your past criminal history and the probability of you trying to flee before you next court appearance. If you have a clean record prior to this arrest and the court is confident that you can be trusted to appear in court, than your bail is likely to be significantly lower than an individual who committed the same crime but has a history of missing court dates and has past arrests.
Can the initial bail be lowered? Yes, explains Wade. After you find out what your initial bail is, and if you feel that it is too extreme for your crime, you can request a bond hearing. During this hearing, the judge will listen to you, or your lawyer’s, argument and make a second decision. At this time, your financial standing will be taken into account as well as your ties to the community. If you have a family in town or own business, then it is likely that the judge will consider these factors as reasons for why you wouldn’t leave the area and thus lower your bail. If however, you are just passing through the town, and have no real connections to the area, then it is more likely that your request for a lower bail will be denied.
How is bail paid? If you have been arrested for a crime and your bail has been determined, generally the court does not require the total amount be paid in full before you can be released. Typically, you will be responsible for providing about 10% of the total. This process is known as bail bonding. You can pay the money to the county clerk yourself, have a family member post bail, or request the services of a bondsman, whose business revolves around paying for bail at an interested rate.
Can you get your money back? Yes, after a verdict has been reached, or your case is settled and you have promptly appeared for all your scheduled court dates, then your money will be returned to you.
