Once a person is arrested the officer has a duty
to take the person before a magistrate, which
is done by taking the person to the county jail.
Typically, in Hays County, that is a Justice of
the Peace, but any Judge can act as a magistrate.
The magistrate sets the bail for the arrested
person, and the amount of bail should be based
on a case by case basis. The magistrate considers
the following in setting the amount of the bond:
sufficiently high to ensure the defendant's appearance,
but not so high as to be an instrument of oppression,
the nature and circumstances of the offense, the
future safety of the victim of the alleged offense
and the community, the defendant's background,
such as criminal history, employment record in
the community, family ties to the community, length
of time that the defendant has resided in the
community, a favorable record the defendant has
for fulfilling past bail commitments, and the
defendant's ability to make bail. Once the bond
is set, release from jail is accomplished by a
bail bond. A bail bond is a written undertaking
by the defendant to appear and answer a criminal
charge, usually secured by cash or a surety (bail
bondsman).
In Hays County, the magistrate typically arrives
at the jail and begins setting bail (also known
as "magistration") for arrested persons
every day at 8:30-9:00 a.m. Once bail is set,
the person can attempt to make bail. In only a
limited number of circumstances, a person can
be released from jail for Driving While Intoxicated,
Possession of Marijuana, and Driving While License
Suspended prior to magistration. This is called
a “Hobby Release.” However, the arrested
person must re-appear at the jail the next morning
and be magistrated and make bond. Once a bond
amount has been set, there are a few different
ways to be released from jail. These are Cash
Bonds, Personal Bonds, and Surety Bonds.
CASH BONDS
This is simply a matter of depositing with the
jail the full amount of the bond. Hays County
Jail will only accept a cashier’s check
in the amount of the bail (not cash). Most people
cannot afford a cash bond as the typical bond
amount is usually set in the thousands of dollars
and family and friends cannot come up with funds
as quickly as the defendant needs to get out of
jail. The cash bond is returned to the defendant
at the conclusion of the case.
IMPORTANT NOTE: If
I am hired by a person in jail, or a person with
an active warrant of arrest, it is my practice
to contact the District Attorney and the local
Judge handling the case, and try to agree on a
personal bond or cash bond in a reduced amount.
This process can save the defendant the premium
a bail bondsman would charge (usually 10-20% of
the bond amount) to write a surety bond (see below).
The cash bond will be returned to the defendant
at the conclusion of the case, or the defendant
can use the cash bond to pay fines, court costs,
restitution, etc. owed to the Court. In some cases
this may require more money up front, but in the
long run it is much less expensive.
PERSONAL BONDS
This is the cheapest way to get out of jail,
however personal bonds are not common. The defendant
makes a written promise to appear. No surety or
cash deposit is required. If the person fails
to appear in Court, the defendant must pay the
amount of the bond.
SURETY BONDS
Depending on the amount of the bond, it may be
necessary to hire a bail bond company to guarantee
the amount of the bond. Bail bond companies typically
charge at least 10-20% of the bail amount. In
some cases, it may be more. The money used to
pay a bondsman is his and will not be returned
to you. If you use a bail bondsman, be sure to
shop around for the best price. And always make
sure you follow the agreement with the bail bondsman.
If you do not contact your bail bondsman as directed,
commit new offenses, fail to appear in court,
etc. the bail bondsman can ask to be released
from the bond, in which case a warrant would be
issued for your arrest and you would be arrested
and have to make bond again.
HOW I CAN ASSIST YOU WITH BONDS
· Arrange a “turn-in” on a
person with an active warrant. Once I am hired,
I will contact the District Attorney and the local
Judge handling the case, and try to agree on either
a personal bond or a cash bond in a reduced amount.
This process can save the defendant the premium
a bail bondsman would charge (usually 10-20% of
the bond amount) to write a surety bond. The cash
bond will be returned to the defendant at the
conclusion of the case, or the defendant can use
the cash bond to pay fines, court costs, restitution,
etc. owed to the Court. I will have you turn yourself
in at the Hays County Jail around 7:00 a.m. and
you should be released around lunchtime, depending
on how busy the jail is.
· Reduce the bond of a
person in jail. I can negotiate with the District
Attorney to get a bond reduction or, absent such
an agreement, set the matter for an expedited
hearing to have the Judge consider a bond reduction.
· Contact the magistrate
to discuss a bond amount for your case.
· Locate a bail bondsman
who will charge you a reasonable fee.
· In selected cases, I
may use my ability to sign off on an attorney
bond, in which I act as the surety in your case.
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