ARREST AND JAIL RELEASE
ARREST

WARRANTLESS ARRESTS


In may cases, a law enforcement officer arrests a person after seeing what he believes to be a crime. The officer places the person under arrest, searches him and transports him to the county jail. The person is transported to the jail and booked (processed) into the jail. Prior to leaving the jail, the officer must draft and sign an affidavit (commonly referred to as a “PC affidavit”) which states in very basic terms the basis for the person’s arrest.

WARRANTS OF ARREST

Sometimes a law enforcement officer receives information that a crime may have been committed. After an investigation, the officer may seek a warrant of arrest. Typically, the officer drafts an affidavit (commonly referred to as a “PC affidavit”) which is a short summary of the information that the officer believes to be probable cause for an arrest. The officer takes this to a judge or justice of the peace and a warrant for the person’s arrest is issued. At some point, the person is located and arrested and taken to jail as stated above.

 

BAIL


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.


The Law Office of Brian Baker
Phone (512) 392 - 2300
San Marcos Texas