When prosecutors charge a person with a crime, that person may have to wait in law enforcement custody for their trial. However, courts sometimes allow defendants to leave custody and await trial in the community, subject to various conditions on their release. Courts may impose bail as a condition of a defendant’s pretrial release in a criminal case in Forney. After you get arrested and charged with a crime, understanding how bail works can help you secure your release from custody as you await trial in your case.
Understanding Bail
In Texas, courts may impose bail as a condition of pretrial release in a criminal case to provide a financial incentive for a defendant to appear in court for trial and all pretrial hearings. The court can also impose other conditions for pretrial release. When a defendant observes all conditions of their pretrial release and appears for all scheduled court hearings and trial, the court will release the posted bail. Defendants may have several options for posting bail in a criminal case, including using their assets to pay bail or working with a bail bondsman service to post bail.
The Bail Process in Forney, TX
Following an arrest and the filing of criminal charges, a defendant will appear in court for an initial appearance or arraignment. During this hearing, a magistrate will read the charges against the defendant, take the defendant’s initial plea, and decide whether to release the defendant from custody pending trial. Courts consider various factors in determining whether to grant a defendant a pretrial release, including the nature and severity of the defendant’s offense, the defendant’s criminal history, the defendant’s community ties (e.g., family, employment), and the risk of the defendant fleeing the jurisdiction or failing to appear in court. The court will also consider whether to impose bail as a condition of pretrial release.
Options for Posting Bail
Defendants can post bail in a criminal case through various means. Some of the most common options for posting bail include:
- Cash bail: A defendant or their family can pay the full amount of the bail to the court.
- Property bond: A defendant or their family may use real estate as collateral for the defendant’s bail condition; a defendant who violates bail may put the property at risk of foreclosure.
- Bail bondsman (surety bond): In most cases, defendants will hire a bail bondsman company to post the required bail, with the defendant paying the company a percentage of the bail amount as a fee for the company’s service.
Under certain circumstances, a court may release a defendant pretrial based on the defendant’s promise to return to court for all hearings and trial, without requiring the defendant to post any financial security.
Conditions of Bail and Release
Courts will also impose conditions on a defendant’s pretrial release. A defendant who violates these conditions risks having their release revoked, losing any posted bail, and remaining in custody for the remainder of the pretrial proceedings. Common conditions of pretrial release include:
- Attending all pretrial hearings and appearing for trial
- Staying within the judicial district and obtaining the court’s permission to travel outside
- Maintaining stable housing and employment
- Submitting to drug/alcohol tests
- Not possessing alcohol, drugs, or firearms
- Not getting arrested for new criminal offenses
- Refraining from contacting alleged victims or witnesses
- Following a curfew
Contact a Criminal Defense Attorney Today
After getting arrested and charged with a crime in Forney, the court may require you to pay bail to secure your release pending trial in your case. Contact Guest & Gray today for a free, confidential consultation with a criminal defense attorney to learn more about the bail process when you face criminal prosecution in Forney.
