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Applying for Bail in Texas: a Step-By-Step Guide

Wed, 29 Apr 2026 21:07:24 GMT

Navigate the Bail Bond Process

When someone is arrested in Texas, the experience can be overwhelming and stressful for both the individual and their loved ones. One of the first and most urgent concerns is how to secure release from custody as quickly as possible. This is where bail comes into play. Bail is a legal mechanism that allows a person to be released from jail while awaiting their court date, providing them the opportunity to continue working, support their family, and prepare their defense.

However, the bail process in Texas is not always straightforward. It involves multiple steps, legal considerations, and decisions that can significantly impact the outcome of a case. Factors such as the nature of the charges, prior criminal history, and ties to the community can all influence how bail is set and what options are available. For those unfamiliar with the system, it can be confusing to know where to begin or what to expect.

Steps You and Your Family Should Take

Step 1: Arrest and Booking

After an arrest, the individual is taken to jail for booking. This process includes recording personal information, taking fingerprints and photographs, and documenting the alleged offense. Once booking is complete, the defendant will remain in custody until bail is set or they are released.

Step 2: Bail Is Set

In many cases, bail is predetermined using a bail schedule based on the type and severity of the offense. For more serious charges, a judge may set bail during a hearing, often within 24 to 48 hours of the arrest. The judge considers factors such as:

The nature of the crime
The defendant’s criminal history
Risk of flight
Community ties

Step 3: Understand Your Bail Options

There are several ways to post bail in Texas:

Cash Bail: Paying the full bail amount upfront in cash. This is refunded (minus fees) after the case concludes, as long as all court appearances are met.
Surety Bond (Bail Bond): Working with a licensed bail bondsman who posts bail on your behalf for a non-refundable fee, typically around 10% of the total bail amount.
Personal Recognizance (PR Bond): In some cases, the court may allow release without payment, based on a promise to appear in court.

Step 4: Contact a Bail Bondsman (If Needed)

If you cannot afford the full bail amount, a bail bondsman can help. You will usually need to provide:

Basic information about the defendant
Details of the charges
Payment for the bond fee
Collateral (in some cases)

The bondsman then posts bail, allowing the defendant to be released.

Step 5: Release from Custody

Once bail is posted, the jail processes the release. This can take anywhere from a few hours to longer, depending on the facility. After release, the defendant must comply with any conditions set by the court, such as travel restrictions or regular check-ins.

Step 6: Attend All Court Dates

Posting bail comes with a critical responsibility: appearing in court as required. Missing a court date can result in:

Forfeiture of the bail amount
Issuance of a warrant for arrest
Additional legal consequences

Step 7: Case Resolution and Bail Outcome

After the case concludes, the outcome of the bail depends on how it was posted:

Cash bail is typically refunded, minus any court fees
Bail bond fees are non-refundable
Failure to appear can result in loss of bail and further penalties

CONTACT OUR LICENSED BAIL BONDSMAN

Navigating the bail process in Texas can be overwhelming, especially during a stressful and time-sensitive situation. Understanding the steps involved can help you make informed decisions and potentially secure a faster release. Bail comes with financial responsibilities and legal obligations, so it is important to act quickly while ensuring everything is handled correctly.

Working with a professional bail bond agency like Action Bail Bonds can make the process much smoother. We offer a range of options, including surety bonds , cash bonds, traffic bonds , personal recognizance bonds, and assistance with more complex cases such as federal or immigration bonds.

With 24-hour availability, experienced guidance, and flexible payment options, our licensed bondsman in Houston, TX can help you move through the process efficiently.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified attorney in Texas.

How to Avoid Overpaying for Bail Bonds

Mon, 26 Jan 2026 21:34:09 GMT

Find Affordable Bail Bonds in Houston, TX

When someone you care about is in jail, time is of the essence — and so is cost. Bail bond fees can be stressful and confusing. Fortunately, with the right approach, you don’t have to overpay for bail bonds in Houston, TX or Harris County. Below are practical strategies to help you keep costs down while still getting fast, dependable service from a reputable provider like Action Bail Bonds .

Understand How Bail Bond Fees Work

Most bail bond agencies charge a percentage of the total bail amount , typically around 10% for state charges — and that fee is non-refundable once you pay it. Knowing this upfront helps you make smarter financial decisions and avoid unexpected charges.

Shop Around for Affordable Bail Bonds

Not all bail bond services charge the same rates or offer the same payment flexibility. When choosing a service, make sure you ask about discount bail bonds or special rates. You should also make sure to clarify whether payment plans are available. Check if collateral is required or negotiable. Choosing the right provider can save you hundreds — or even thousands — of dollars. Action Bail Bonds offers 24/7 fast, affordable bail bonds with free bond information. They are your trusted local option for affordable bail bonds in Houston, TX.

Ask About Flexible Payment Options

Many bondsmen will work with you to create a payment plan that fits your budget — especially for larger bonds. Whether you’re dealing with DWI bail bonds or more serious felony charges, don’t hesitate to ask for structured payments or partial deposits rather than paying the full fee all at once.

Know Your Bond Type — and Your Options

Different types of bonds carry different costs:

Cash bonds require the full amount up front.
Surety bonds (through a bail agent) let you pay a percentage

When possible, request a bond that minimizes out-of-pocket expense. For example, a signature bond — if eligible — lets someone be released on a promise to appear in court without upfront cash or a high fee.

Get Free Bond Information First

Reputable bail bond services provide free information to help you make smart decisions before you commit to fees. Good agents will explain:

How the bail system works
What total costs look like
What paperwork or signatures are required
How quickly you can expect release once a bond is posted

This saves time and helps you avoid hidden fees or surprises .

Reduce Your Bail Amount When Possible

In some instances, your attorney can negotiate a lower bail before it’s formally set — reducing your fee. Professional legal counsel can sometimes:

Request a bail reduction motion
Argue for release on recognizance (no bail at all)
Point to pretrial services that keep someone free without posting bond

It’s always worth discussing these options before committing to a bail bond.

Act Quickly for Fast, Cost-Effective Release

The longer someone stays in jail, the more strain it puts on family, work, and finances. Using fast bail bond services — especially 24 hour bail bonds — can shorten time in custody, reduce stress and lost income, and prevent additional fees from accumulating.

Call for Fast and Affordable 24-Hour Bail Bonds Services

Paying for a bail bond doesn’t have to be overwhelming or overpriced. By understanding how fees work, comparing affordable bail bond services, taking advantage of flexible payments, and using free bond information, you can make smarter choices that protect both your loved one’s freedom and your wallet.

If you’re in Houston, TX or elsewhere in Harris County and need help fast — without overpaying — reach out to a trusted local team at Action Bail Bonds. Contact us today for 24-hour bail bonds.

Arrested for DWI: What to Do

Thu, 11 Sep 2025 15:32:30 GMT

What to Do Immediately After a DWI Arrest

An arrest for Driving While Intoxicated (DWI) can be a disorienting and stressful experience. The flashing lights, the field sobriety tests, and the eventual trip to the station can leave you feeling confused and overwhelmed. Understanding the immediate steps to take is crucial for protecting your rights and navigating the legal process ahead.

The minutes and hours following an arrest are critical. The decisions you make can significantly impact the outcome of your case. From exercising your right to remain silent to contacting a legal professional, each step is important. A key part of this process is arranging for your release from jail, which often involves securing a bail bond.

Learn more about the immediate actions to take after a DWI arrest, as well as the role and importance of a DWI bail bond. Seek help from a reliable bail bond service, such as Action Bail Bonds. We can help you through the arrest process and make you aware of the next steps to take after being released.

Advice to Follow in the Aftermath of a DWI Arrest

Being arrested can be intimidating, but it is vital to remain as calm and composed as possible. Your actions can be observed and documented, so how you conduct yourself matters.

1. Exercise Your Right to Remain Silent

You have the right to remain silent, and you should use it. Beyond providing basic identification like your name and address, you are not required to answer questions from law enforcement about where you were, what you were doing, or whether you have been drinking. Anything you say can be used against you in court. Politely state that you are exercising your right to remain silent and wish to speak with an attorney.

2. Comply with Chemical Testing Where Required

Most states have "implied consent" laws. This means that by having a driver's license, you have already consented to a chemical test (breath, blood, or urine) if a law enforcement officer has probable cause to believe you are driving under the influence. Refusing this test can lead to automatic penalties, such as a driver's license suspension, regardless of whether you are ultimately convicted of DWI. While you can refuse, be aware of the immediate consequences.

3. Contact a DWI Attorney

As soon as you are able, contact a qualified DWI defense attorney. An experienced lawyer can provide immediate legal advice, help protect your rights, and start building a defense strategy. They can also guide you and your family through the next crucial step: getting you out of jail.

Securing Your Release: The Role of DWI Bail Bonds

After you are arrested and processed, a judge will set a bail amount. Bail is a financial agreement with the court that ensures you will appear for your future court dates. If you attend all required appearances, the bail amount is typically returned at the conclusion of your case. However, bail for a DWI can be set at several thousand dollars, a sum that many people cannot afford to pay out of pocket. This is where a DWI bail bond becomes essential.

A bail bond is a type of surety bond provided by a bail bond company. The company acts as a guarantor, posting the full bail amount on your behalf in exchange for a non-refundable fee. This fee is usually a percentage of the total bail amount, often around 10 percent. By using a bail bond service, you can secure your release from jail for a fraction of the total bail cost. This allows you to return home, continue working, and begin preparing your legal defense from outside of a jail cell.

What Happens Next?

Securing your release with a DWI bail bond is a significant first step, but it is not the end of the process. Once you are out of jail, your focus should shift to your legal defense. Provide your lawyer with all the details of your arrest. Be honest and thorough. They will analyze the evidence, identify any procedural errors, and build the strongest possible defense for your case. The court may set specific conditions for your release, such as abstaining from alcohol or attending counseling. You must follow these conditions strictly. Your primary obligation under the bail agreement is to appear at all required court dates. Missing a court date will result in the forfeiture of your bond, and a warrant will be issued for your arrest.

Take the Right Steps Today

An arrest for DWI is a serious matter with potentially lasting consequences. By staying calm, exercising your rights, and taking decisive action, you can navigate the process effectively. Securing a DWI bail bond is a crucial step that allows you to fight your case from a position of freedom.

If you or a loved one needs assistance, it is important to act quickly. Contact Action Bail Bonds for 24 hour bail bonds in Houston, TX. Bail bonds services can make all the difference following an arrest. Reach out to our trusted team for DWI bail bonds and free bond information. Action Bail Bonds can guide you through the process with compassion and efficiency, helping you get back home where you belong. Call Action Bail Bonds today for affordable bail bonds in Houston, TX .

Bond Lawyers: Do You Need One?

Thu, 14 Aug 2025 16:12:14 GMT

Bond Lawyers: Do You Need One?

When you or a loved one is in jail, time feels like it stands still. We know the stress, the uncertainty, and the urgency that comes with getting someone released. Here in Houston, people often wonder, do you need a bond lawyer to post bail? At Action Bail Bonds, we’ve seen it all, and we’re here to walk you through what’s really involved so you can make the best decision for your situation.

What a Bond Lawyer Does

A bond lawyer is an attorney who helps secure a defendant’s release from jail by arranging for bail to be posted. They can appear in court, negotiate conditions, and handle complex situations, especially if there are legal challenges with the bail amount or eligibility. While a lawyer can be useful in certain scenarios, many cases in Houston don’t require you to hire one just to get bail posted. That’s where we come in. Our team focuses on fast, straightforward bail bond services without the extra costs or delays that can come with legal representation for this step alone.

When You Might Need a Bond Lawyer in Houston

We’ve helped thousands of clients across Harris County and surrounding areas, and in our experience, you may consider a bond lawyer if:

The bail amount is unusually high, and you need help requesting a reduction.
You’re facing complex charges where legal guidance is crucial from the start.
Your bail was denied, and you want to appeal that decision.
Immigration or federal charges are involved, which often have special requirements.

In most other cases, we can secure release quickly without adding the extra step of hiring an attorney first.

How We Simplify the Process

Our mission is to get your loved one out of jail as fast as possible. We work directly with the Harris County Jail system and courts to process bonds efficiently, day or night. Whether it’s a misdemeanor, felony, or traffic-related arrest, we handle the paperwork, communication, and court requirements so you don’t have to.

We also explain every step so you’re never left guessing. That’s part of why so many Houstonians trust us; we don’t just post bonds, we help you navigate one of the most stressful moments of your life.

Ready to Take Action?

If you’re weighing whether to hire a bond lawyer or call a bail bond company first, let’s talk. We can help you determine the fastest and most affordable way to secure release, often without the added cost of legal fees. Call us at (832) 699-2273 for more information and let’s start the process right now. At Action Bail Bonds, we’re ready to stand by you and get your loved one home where they belong.

Texas: Thoughts On The Preventative Detention Constitutional Amendment, HJR 62

Mon, 04 Dec 2023 17:45:27 GMT

Preventative Detention Constitutional Amendment

Dear John,

House Joint Resolution 62 [2] proposes "a constitutional amendment authorizing the denial of bail to an accused person if necessary to ensure the person's appearance in court and the safety of the community and the victim of the alleged offense." As HJR 62 is to be heard by the House Criminal Jurisprudence Committee, we thought we would give the committee some information to think about as you consider whether the expansion of preventative detention in Texas is a good idea or warranted in the first place. First, the original draft of the House Joint Resolution was intended to implement the so-called no money bail system. The original draft allows for a prosecutor to request detention for anyone for any crime, including misdemeanors. We don't think general preventative detention statutes are constitutional, nor do we support them. Since the move to the no money bail system has now been abandoned, now the question is what problem is the amended preventative detention HJR 62 trying to solve? Does it need to be run anymore if judges will retain the power to set monetary bail? We don't think so.

In fact, we think there is no need to expand preventative detention in TEXAS, WHICH ALREADY HAS MORE PREVENTATIVE DETENTION ALLOWED THAN NEARLY ANY STATE. In fact, 38 states currently do not allow for preventative detention except in capital cases.[1] The other 22, including Texas, allow for denial of bail in certain crimes or circumstances. Texas's provisions are some of the more expansive in the nation.

Another expansion of preventative detention then occurred in 2007: allowing for preventative detention if a person, already on bail for a family violence charge, violates the protection order.[4] In short, Texas has already dealt with this issue over a period of the last 60 years. Each of the exceptions make sense and requires some element of prior criminality or prior failure in order to impose preventative detention.

Importantly, the proponents of this legislation cannot point to what the specific problem it is they are trying to solve. THEY CANNOT POINT TO ANY DATA THAT THOSE CHARGED WITH A PARTICULAR CLASS OF OFFENSES ARE PER SE MORE LIKELY TO FAIL TO APPEAR IN COURT OR ARE MORE LIKELY TO COMMIT A NEW CRIME WHILE ON BAIL. They have yet, over the two-year history of this movement of preventative detention, to present any data that a particular offender charged with a particular crime is more likely to commit more crimes while on bail or fail to appear in court. This is a significant problem, because the U.S. Supreme Court only allowed for the expansion of preventative detention because Congress had made extensive findings as to the problems of crime while on bail on these specific individuals who had a high rate of committing new crimes while on bail. Said Chief Justice Rehnquist: "Congress specifically found that these individuals are far more likely to be responsible for dangerous acts in the community after arrest." In short, this is merely a pivot from the original no money bail system to something that seems more reasonable, but such is not evidence of its necessity.

Further, we think the current trend of expanding preventative detention is not a good one. It must be stopped, we believe, otherwise the trend will be to have continuing legislative proposals based on salacious factual cases that will be a slow march to the federal system, which has increased pretrial detention from 24% in 1983 to 73% today.

Next, one of the best articles you can read on this topic is an article entitled _Preventative Detention: A Constitutional But Ineffective Means of Fighting Pretrial Crime_.[5] This article explains why expansions of preventative detention do not work as a crime control policy despite the push by advocates. The existing bail system is flexible enough to handle this issue, and the idea that rich, repeat violent gangsters get out is contradicted by the existing Texas Constitutional provisions. Anyone who comes in with a hard on crime message of preventative detention can say that they are being hard on crime and all they are doing is protecting the public, but they are not preventing crime and are instead are just being overly harsh on people, some of whom are innocent of the charges. Further, we think Judge Kearse's opinion rejecting the constitutionality of preventative detention, later over-turned in _Salerno_, is worth a read as you consider whether preventative detention should be expanded as a matter of sound public policy. While Texas is allowed to expand preventative detention legally, that doesn't mean it is good policy, as Judge Kearse said: "The liberty protected under that system [of due process] is premised on the accountability of free men and women for what they have done, not for what they may do. The Due Process Clause reflects the constitutional imperative that incarceration to protect society from criminals may be accomplished only as punishment of those convicted for past crimes and not as regulation of those feared likely to commit future crimes."[6] Next, we think this legislature needs to protect and uphold the constitution of the State of Texas, and not allow jurisdictions to violate the right to bail by implementing their own schemes. In Harris County, for example, it appears the judges just decided 15% of misdemeanants were not going to get out of jail under the new bail policy. UNDER THE NEW BAIL POLICY, JUDGES ARE PERMITTED TO SET AN UNAFFORDABLE BAIL IN ORDER TO SPECIFICALLY DETAIN A PERSON, WHICH WE BELIEVE IS FACIALLY UNCONSTITUTIONAL UNDER THE FEDERAL CONSTITUTION BECAUSE IT PURPORTS TO ALLOW FOR PREVENTATIVE DETENTION IN MANY LOW-LEVEL CASES AND ALSO UNDER THE TEXAS CONSTITUTION WHICH SPECIFICALLY ENUMERATES WHICH CRIMES THOSE CAN BE.[7] This legislature needs to take a stand against these policies and tinkering with constitutional rights in the name of some movement. The right to bail should not depend on who is in power and who they decide are the "dangerous" or bad people or who they are say are the good people. The right to bail should be governed by the appropriate cases and the rule of law. The concept that misdemeanor defendants should get a no bail hold is the next move if Texas starts tinkering with the constitution again.

Finally, we can never discuss preventative detention without saying you have to give the Supreme Court's decision in _U.S. v. Salerno_ a read, particularly the dissent by Justice Thurgood Marshall. Having read it probably a 1,000 times myself, I still believe he was right. Preventative detention should have been held unconstitutional in 1987 because as Justice Marshall said it is consistent with tyranny and it is a decision which will go forth without authority and come back without respect.

Jeff Clayton, M.S., J.D.

Executive Director

American Bail Coalition

[1] https://university.pretrial.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=0e9902e 9-d88c-0733-2c62-65145d8f6bf4&forceDialog=0 [3]

[2] Sec. 11a. DENIAL OF BAIL AFTER MULTIPLE FELONIES. (a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.

(b) In this section:

(1) "Violent offense" means:

(A) murder;

(B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault;

(D) aggravated robbery.

(2) "Sexual offense" means:

(A) aggravated sexual assault;

(B) sexual assault; or

[3] Sec. 11b. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF RELEASE. Any person who is accused in this state of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

[4] Sec. 11c. DENIAL OF BAIL FOR VIOLATION OF PROTECTIVE ORDER INVOLVING FAMILY VIOLENCE. The legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this state determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.

[5] https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6520&context=jclc

[4]

[6] https://casetext.com/case/united-states-v-salerno-6

[5]

[7] https://pbtx.com/harris-county-new-bail-bond-procedures-as-of-1-17-19/ [6] More about the American Bail Coalition... The American Bail Coalition is the national trade association of commercial bail insurance underwriters whose members are responsible for underwriting criminal bail bonds throughout the United States of America. The Coalition's primary focus is to protect the constitutional right to bail by working with local and state policymakers to bring best practices to the system of release from custody pending trial. Jeff Clayton, Esq. is the Executive Director/Policy Director and can be reached at jclayton@americanbail.org or (877) 958-6628. Visit the American Bail Coalition

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IN CASE YOU MISSED IT: Congressman Ted Poe: Let Judges Handle Bail & Keep Texas Safer

Mon, 04 Dec 2023 17:19:34 GMT

Ted Poe & Bail Decisions

Former judge and Texas Congressman Ted Poe has published an op-ed in the Texas Tribune urging state lawmakers to leave bail decisions in the hands of elected judges. The congressman calls for better information sharing between magistrates, and warns against dangerous, revolving door release policies that leave victims without justice and criminal defendants without accountability.

“Let the men and women we elect to administer justice decide how best to administer it. Don’t tie their hands by outsourcing that decision to an algorithm. And don’t ask them to make pretrial release decisions blindfolded, without the full picture of a criminal defendant’s background, as is the case currently.

This will get defendants through the process more quickly, ensure those who are truly dangerous aren’t released into our communities arbitrarily and hold individuals who commit crimes accountable for their actions.” Congressman Poe’s full op-ed is below. tribtalk.org

Let judges handle bail, and keep Texas safer, by Ted Poe

By Ted Poe, March 12, 2019

In order for any criminal justice system to work properly, justice must mean something to the offender, to the victim and to the community. Justice cannot exist without accountability. That’s the role of the judges we elect and the courts where they preside — to ensure those who break our laws are held accountable for their actions. But recently announced legislative proposals to reform the bail system in Texas turn that concept on its ear.

These proposed statewide reforms mirror those implemented in Harris County, including deploying an algorithm-based risk assessment tool to determine whether or not a defendant should be released on personal recognizance rather than on cash or surety bail. Under the guise of fairness, these computer programs take decisions about pretrial release out of judges’ hands, instead plugging a variety of information into a machine and spitting out a recommendation

These measures were introduced in Harris County as a way to keep the poor from languishing in jail as they await trial, but in the time since they’ve been implemented, they’ve become a blanket get-out-of-jail-free card. Harris County is now releasing 85 percent of misdemeanor defendants on personal bonds, and there are proposals to expand these policies to felony defendants as well.

That means criminal defendants arrested for murder, aggravated sexual assault of a child, methamphetamine production and distribution and human trafficking, among other crimes, will simply be able to sign their names and walk out of jail with nothing more than a pinky promise that they’ll reappear for their court dates. It will shock no one to hear that since Harris County instituted these policies for misdemeanor cases, almost 40 percent of defendants released on unsecured bonds failed to appear for their scheduled court date, compared to 10 percent of defendants released on commercial bail. Unfortunately for many criminal defendants, the cycle of crime continues when there are no consequences for breaking the law, and they dig themselves in deeper and deeper. A recent armed crime spree in Pasadena is just the latest example of this failure of accountability.

As a judge, I never wanted to see the same defendant in my courtroom twice. I can guarantee that our law enforcement officers don’t want to arrest the same defendant twice. Aside from the unnecessary danger they inflict on our communities, revolving-door policies like those being considered by the Legislature are a massive waste of resources on an already overburdened criminal justice system.

None of this means that some reforms aren’t necessary. The 5th U.S. Circuit Court of Appeals made clear in its ruling on Harris County’s bail policies that the process for administering bail needed to be fixed, not that the entire system was unconstitutional, as some have said. The court required Harris County to begin having individual bail hearings within 48 hours of arrests and for judges to consider the necessary factors for setting bail that are mandated by current Texas law, including victim and public safety, a defendant’s likelihood to reappear for court dates, as well as the defendant’s ability to pay including resources of friends and family. There should never be a presumption that a defendant is entitled to release solely because they are poor.

Harris County could have complied with the court’s ruling, but instead opted to needlessly and recklessly implement algorithm-based release programs. In an effort to correct a deficiency in the system, they have gone too far in the other direction

The better alternative, which Gov. Greg Abbott has called for, is to improve information sharing between magistrates. You cannot expect a judge to make a fully informed decision about pretrial release without giving that judge access to a defendant’s full criminal history.

Let the men and women we elect to administer justice decide how best to administer it. Don’t tie their hands by outsourcing that decision to an algorithm. And don’t ask them to make pretrial release decisions blindfolded, without the full picture of a criminal defendant’s background, as is the case currently.

Only then can we say justice means something

House Joint Resolution 62

Mon, 04 Dec 2023 17:06:33 GMT

Texas: Thoughts On The Preventative Detention Constitutional Amendment, HJR 62

House Joint Resolution 62 proposes “a constitutional amendment authorizing the denial of bail to an accused person if necessary to ensure the person's appearance in court and the safety of the community and the victim of the alleged offense.”

As HJR 62 is to be heard by the House Criminal Jurisprudence Committee, we thought we would give the committee some information to think about as you consider whether the expansion of preventative detention in Texas is a good idea or warranted in the first place. First, the original draft of the House Joint Resolution was intended to implement the so-called no money bail system. The original draft allows for a prosecutor to request detention for anyone for any crime, including misdemeanors. We don’t think general preventative detention statutes are constitutional, nor do we support them. Since the move to the no money bail system has now been abandoned, now the question is what problem is the amended preventative detention HJR 62 trying to solve? Does it need to be run anymore if judges will retain the power to set monetary bail? We don’t think so.

In fact, we think there is no need to expand preventative detention in Texas, which already has more preventative detention allowed than nearly any state. In fact, 38 states currently do not allow for preventative detention except in capital cases.[1] The other 22, including Texas, allow for denial of bail in certain crimes or circumstances. Texas’s provisions are some of the more expansive in the nation.

Now, it is posited that instead the HJR be amended and that all so-called 3G crimes be included regardless of whether it is the first criminal charge a person has ever faced or not. Yet, Texas has already deviated, starting in 1956, from the original language of the state constitution in Section 11 (which dates to the Massachusetts Constitution of 1641) by adding three categories of exceptions where a person may be denied bail altogether and preventatively detained, Sections 11a, 11b, and 11c. These exceptions already draw a clear line on repeat felony offenders, violent offenders, and those who commit crimes or violate conditions while on bail.[2] Then, in 2005, the voters expanded preventative detention again, this time by allowing it for people charged with family violence offenses who violate their terms of release.[3] Another expansion of preventative detention then occurred in 2007: allowing for preventative detention if a person, already on bail for a family violence charge, violates the protection order.[4] In short, Texas has already dealt with this issue over a period of the last 60 years. Each of the exceptions make sense and requires some element of prior criminality or prior failure in order to impose preventative detention.

Importantly, the proponents of this legislation cannot point to what the specific problem it is they are trying to solve. They cannot point to any data that those charged with a particular class of offenses are per se more likely to fail to appear in court or are more likely to commit a new crime while on bail. They have yet, over the two-year history of this movement of preventative detention, to present any data that a particular offender charged with a particular crime is more likely to commit more crimes while on bail or fail to appear in court. This is a significant problem, because the U.S. Supreme Court only allowed for the expansion of preventative detention because Congress had made extensive findings as to the problems of crime while on bail on these specific individuals who had a high rate of committing new crimes while on bail. Said Chief Justice Rehnquist: “Congress specifically found that these individuals are far more likely to be responsible for dangerous acts in the community after arrest.” In short, this is merely a pivot from the original no money bail system to something that seems more reasonable, but such is not evidence of its necessity.

Next, one of the best articles you can read on this topic is an article entitled Preventative Detention: A Constitutional But Ineffective Means of Fighting Pretrial Crime.[5] This article explains why expansions of preventative detention do not work as a crime control policy despite the push by advocates. The existing bail system is flexible enough to handle this issue, and the idea that rich, repeat violent gangsters get out is contradicted by the existing Texas Constitutional provisions. Anyone who comes in with a hard on crime message of preventative detention can say that they are being hard on crime and all they are doing is protecting the public, but they are not preventing crime and are instead are just being overly harsh on people, some of whom are innocent of the charges.

Further, we think Judge Kearse’s opinion rejecting the constitutionality of preventative detention, later over-turned in Salerno, is worth a read as you consider whether preventative detention should be expanded as a matter of sound public policy. While Texas is allowed to expand preventative detention legally, that doesn’t mean it is good policy, as Judge Kearse said: “The liberty protected under that system [of due process] is premised on the accountability of free men and women for what they have done, not for what they may do. The Due Process Clause reflects the constitutional imperative that incarceration to protect society from criminals may be accomplished only as punishment of those convicted for past crimes and not as regulation of those feared likely to commit future crimes.”[6]

Next, we think this legislature needs to protect and uphold the constitution of the State of Texas, and not allow jurisdictions to violate the right to bail by implementing their own schemes. In Harris County, for example, it appears the judges just decided 15% of misdemeanants were not going to get out of jail under the new bail policy. Under the new bail policy, judges are permitted to set an unaffordable bail in order to specifically detain a person, which we believe is facially unconstitutional under the federal constitution because it purports to allow for preventative detention in many low-level cases and also under the Texas Constitution which specifically enumerates which crimes those can be.[7]

This legislature needs to take a stand against these policies and tinkering with constitutional rights in the name of some movement. The right to bail should not depend on who is in power and who they decide are the “dangerous” or bad people or who they are say are the good people. The right to bail should be governed by the appropriate cases and the rule of law. The concept that misdemeanor defendants should get a no bail hold is the next move if Texas starts tinkering with the constitution again.

Finally, we can never discuss preventative detention without saying you have to give the Supreme Court’s decision in U.S. v. Salerno a read, particularly the dissent by Justice Thurgood Marshall. Having read it probably a 1,000 times myself, I still believe he was right. Preventative detention should have been held unconstitutional in 1987 because as Justice Marshall said it is consistent with tyranny and it is a decision which will go forth without authority and come back without respect.

[1]https://university.pretrial.org/HigherLogic/System/DownloadDocumentFile.ashx? DocumentFileKey=0e9902e9-d88c-0733-2c62-65145d8f6bf4&forceDialog=0 [2] Sec. 11a. DENIAL OF BAIL AFTER MULTIPLE FELONIES. (a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals. (b) In this section: (1) "Violent offense" means: (A) murder; (B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault; (C) aggravated kidnapping; or (D) aggravated robbery. (2) "Sexual offense" means: (A) aggravated sexual assault; (B) sexual assault; or (C) indecency with a child. [3] Sec. 11b. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF RELEASE. Any person who is accused in this state of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community. [4] Sec. 11c. DENIAL OF BAIL FOR VIOLATION OF PROTECTIVE ORDER INVOLVING FAMILY VIOLENCE. The legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this state determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.

[5] https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6520&context=jclc

[6] https://casetext.com/case/united-states-v-salerno-6

[7] https://pbtx.com/harris-county-new-bail-bond-procedures-as-of-1-17-19/

Harris County Bail Lawsuit Article

Mon, 04 Dec 2023 16:53:33 GMT

Harris County Bail Lawsuit

A proposed settlement in the landmark Harris County bail lawsuit would significantly change how the county treats poor defendants in misdemeanor cases by providing free social and transportation services and relaxing penalties for missed court dates. The draft deal includes a number of reforms aimed at ensuring poor defendants arrive for court hearings and are not unfairly pressured into guilty pleas. They would, among other changes: require Harris County to provide free child care at courthouses, develop a two-way communication system between courts and defendants, give cell phones to poor defendants and pay for public transit or ride share services for defendants without access to transportation to court.

“I’m not aware of any county, or city the size of Houston… doing those type of innovative things,” said Mary McCord, a former federal prosecutor who filed an amicus brief in the case on behalf of the poor defendants. “Ultimately, the county is going to save so much money by not keeping these people in jail.”

The proffered agreement would require the county to operate at least one night or weekend docket to provide a more convenient opportunity for defendants with family, work and education commitments. Courts would be barred from charging any fees to poor defendants, defined as those earning less than 200 percent of the federal poverty level, which is about $25,000 for someone with no dependents.

The proposal also would reduce penalties for missed court dates. A defendant could not be deemed to have failed to appear if he arrived in court on the day assigned, even if he was hours late. Defendants would be allowed to reschedule court appearances for any reason at least two times without negative consequences. Judges only could issue bench warrants 30 days after a missed a court appearance, so long as the court already has attempted to contact the defendant with a rescheduled hearing date.

In addition, judges would be required to permit defendants to skip hearings where their presence is unnecessary, such as routine meetings between prosecutors, defense attorneys and judges that do not involve testimony or fact-finding.

At the heart of the 23-page proposed settlement, a copy of which was obtained by the Houston Chronicle, is the codification of a new bail schedule unveiled by the slate of newly elected of criminal judges in January, under which about 85 percent of people arrested on misdemeanors automatically qualify for release on no-cash bonds.

“Our current goal now is to become the model misdemeanor court system in America,” said Harris County Criminal Court at Law Judge Darrell Jordan, a bail reform advocate and the only Democrat on the misdemeanor bench when the case began. “I think the proposals in the settlement, as far as the wraparound services for misdemeanor defendants, is a great step in that direction.”

Among the more unusual provisions of the proposed settlement is the creation of a bail education program “to protect against renewed efforts to mislead or misinform the public about the history of constitutional violations, the harms of pretrial detention, empirical evidence concerning secured money bail and the functioning of the misdemeanor bail system in Harris County.”

The county would be required to develop a curriculum for use in public schools and install exhibits on bail reform in the lobby of the criminal courthouse, in the office of County Court at Law Judges and the Harris County Jail.

The proposal also would require courts to schedule hearings at least three days after misdemeanor defendants are released from jail, to ensure they have an opportunity to “address the disruption in their lives caused by the arrest,” according to the draft.

Officials envision paying for those programs, in part, with the money the county saves by diverting defendants from the Harris County Jail, which currently has a daily cost of $80 per inmate.

Investing that money into such pretrial services would lead to better outcomes, said Precinct 1 Commissioner Rodney Ellis, who has sided with the plaintiffs since his election. “Advancing meaningful change to our broken bail system to ensure all people are treated equally and fairly under the law requires holistic reform,” Ellis said. “That means ensuring due process and equal protection in our courtrooms, as well as the breaking down the barriers that prevent access to justice in our communities.”

Any proposed settlement would need to be approved by Harris County Commissioners Court, the plaintiffs’ attorneys and U.S. District Court Judge Lee H. Rosenthal, who is overseeing the lawsuit. Rosenthal ruled in April 2017 that the county’s cash bail system was unconstitutional because it kept some indigent defendants in jail solely because they were unable to afford bail. A group of poor misdemeanor defendants brought the class action in 2016. A Chronicle review of more than 100 Harris County misdemeanor cases last year revealed a pretrial system that provides little support or supervision for poor defendants, who are most at risk of failing to appear in court.

To date, Harris County has spent $9.2 million defending the case, First Assistant County Attorney Robert Soard said. Since the 15 Republican misdemeanor judges named as defendants in the case were swept out of office last November, attorneys for the county, the hearing officers and poor defendants have worked together on the settlement. Commissioners Court met briefly in executive session to discuss the settlement at its regular meeting Tuesday, but took no action. Soard declined to discuss the negotiations, but said the county hopes to settle as quickly as possible. Allan Van Fleet, an attorney representing the misdemeanor judges, predicted the parties would settle within 30 days. Harris County Judge Lina Hidalgo issued a statement late Friday stressing that the proposal is preliminary, and could change.

“We’re working well with the plaintiffs to reach an agreement that will provide a model for bail reform around the country while also being feasible for the county to implement,” she said. Precinct 2 Commissioner Adrian Garcia said he is eager to negotiate a settlement that balances the needs of defendants against those of victims and county taxpayers. He declined to speak to specific provisions in the proposed settlement, but said he has concerns that some may be too expensive or unrealistic.

“I’ll just say there’s a number of things that immediately hit me like, ‘I’m not sure how we’re going to do that,’” Garcia said. Precinct 3 Commissioner Steve Radack and Precinct 4’s Jack Cagle panned the proposal, which they said is too broad. The pair of Republicans said it should instead focus on implementing bail rules that ignore a defendant’s ability to pay. “If my learned colleagues are going to strive for free Uber rides for the accused, I’d strongly advocate we provide the same to victims,” Cagle said. The draft agreement does not detail the cost of the proposed pretrial programs, though it includes a section dedicated to how savings from holding fewer defendants in jail would be shifted to them. The county would be required to create a comprehensive system for calculating the savings generated from bail reform, and invest at least 50 percent of that sum into pretrial programs.

Since misdemeanor judges began using the new bail rules on Feb. 16, the population at the Harris County Jail has decreased 218 inmates, to 7,971. That drop saves the county about $17,500 per day. Sheriff Ed Gonzalez credited bail reform, in part, for helping the county stop outsourcing the housing of inmates to Louisiana last year. The settlement proposal seeks to make court appearances less onerous for defendants.

Kelvin Banks, director of the county’s pretrial services division, said the child care, cell phone and transportation programs would remove barriers that regularly cause defendants to miss court dates. He acknowledged Harris County residents may be wary to see tax dollars spent on people accused of crimes, though he said a pilot program last year that provided free public transit to defendants saved the county money.

“It costs the county less in bus tickets than to investigate a failure to appear, with all the resources it takes,” Banks said. The deal also would set a case limit for public defenders and add attorneys to meet the office’s workload. Chief Public Defender Alex Bunin said since the county roughly doubled his budget in February, he has the necessary resources.

“The settlement will not raise costs for our office at this point,” Bunin said. Rosenthal and the parties are due back in federal court for a status conference on Tuesday.

zach.despart@chron.com

www.twitter.com/zachdespart

Bail Reforms

Mon, 04 Dec 2023 16:40:48 GMT

Conversation on Bail Reforms

As someone who works with crime victims, I’m concerned about the bail reforms being considered this legislative session.

Because this is such a popular issue, we have plenty of case studies from other states to learn from. Many of the proposals under debate in Texas have already failed in states like Kentucky, New Mexico and New Jersey. After seeing crime and recidivism rates increase, those states are looking to roll back reforms. Why would we repeat the same failed policies and expect a different outcome?

Bail policies must balance three things equally: public safety, victim safety and defendant’s rights. No consideration should trump another, otherwise justice isn’t served. The current debate focuses on the rights of the defendant to the detriment of victim and public safety. A U.S. 5th Circuit Court of Appeals ruling strikes the appropriate balance by requiring a bail hearing within 48 hours, and consideration of victim and public safety and a defendant’s likelihood to reappear for hearings.

Reach out to Action Bail Bonds with any questions

Bail Reform Goes Off the Rails in Dallas & Harris County

Mon, 04 Dec 2023 16:39:03 GMT

Challenges in Reforming the Pretrial Detention Process

Dear John,

Rich people can afford their bail and poor people can’t—the holy grail of bail slogans, jingles, catchphrases, watchwords, and mantras—is the heart of how criminal justice public policy is being designed these days. Even as scholarly research debunks the “stuck in jail” affordability argument on bail, that we simply hate something without clear or reasonable understanding of how it works is the kickstarter to carelessly reengineering the facts.

The definition of going off the rails, according to the Cambridge Dictionary, is when a person starts behaving in a way that is not generally acceptable, especially dishonestly or illegally. We prefer the Collins English Dictionary instead: “If someone goes off the rails, they start to behave in a way that other people think is unacceptable or very strange, for example, they start taking drugs or breaking the law.”

Dallas County Has Gone Off The Rails

Enter criminal justice reformer Dallas District Attorney John Creuzot, who likes to say, “Justice is hard work, and justice is heart work.” Last week, DA Creuzot introduced new criminal justice reform policy in Dallas that has certainly raised a few eyebrow’s—including Texas Governor Greg Abbot. Under the new policy, no one who steals “personal items” is going to be prosecuted, meaning that businesses will now be required to provide such items for free. It’s going to be heart work, and candidly heart burn, for the business community in Dallas County who will be required to provide “personal items” to all people in Dallas not in excess of $750 per incident. A personal item could be a lot of things—from shaving razors, toothbrushes, steaks, toilet paper, etc. Of course, any person in Dallas can now just take what they want under the new threshold set by Creuzot. Only stuff that you take “for economic gain,” which incidentally is not defined, is omitted from this new policy. Of course, defendants will argue that the new big-screen was taken out of necessity and so was the new iPhone. After all, they needed to watch the weather report and make some phone calls.

Let’s just do some basic math on this socialistic welfare transfer. The average American spends $423 a month on food and clothing, which works out to be $5,076 a year. Dallas County has a population of 2.618 million persons. If every person decided to steal what they “need” and not “for economic gain,” then that would have to only steal 7 times at $749 to get this done, although due to food spoilage it would probably take a whole lot more. Of course, this would cost retailers a few dollars. Let’s assume that roughly only 5% of people will take advantage of this new loophole. That’s around 100,000 persons. That would cost retailers $507.6 million annually in lost merchandise. Obviously, it would be over $10 billion if all Dallas residents just took what they needed.

But, it doesn’t stop there—trespassing is no longer a problem as long as it does not involve a “residence or physical intrusion into property.” Which means homeless people on drugs can wander around and go wherever they want and stay there. This will include places like malls, shopping centers, bars and restaurants, libraries, etc.

On bail reform, DA Creuzot is just going to let ‘em all out. The Creuzot policy contains a presumption of release in all misdemeanors, regardless of whether domestic violence is involved. Same rule on felonies apply as long as your last felony was more than five years ago: “There shall be a presumption of release without pre-trial conditions for all people charged with a state jail felony who have no criminal convictions within the last five years.” Having an actual bail set requires clear and convincing evidence, which is rarely going to happen—and by design.

So, basically everyone is out unless it is a capitol offense. The policy also says a prosecutor cannot seek a monetary bail that a defendant is unable to pay—in other words, everyone is getting out whether they cough up a single penny or pay a million dollars. The policy in fact says that a bond someone is not able to post will serve to keep someone in jail pending trial. This means everyone pending disposition of criminal charges, including all but capitol offenses, will be getting out of jail in Dallas County, Texas.

Harris County Has Gone Off The Rails

Just when you think things cannot get any weirder, the Houston Chronicle reported over the weekend that the Harris County misdemeanor judges are going to settle their long-standing bail lawsuit by providing free cell phones, free Uber, and free child care to all those charged with a criminal case who claim they are indigent. When they say crime doesn’t pay, that was a generation ago. Forget about that present day. Now crime literally does pay--it pays your transportation bill, it pays your cell phone, and it pays for your daycare. Why wouldn’t you take up a new criminal career? It’s quick, doesn’t take eight hours much less forty, you don’t need any student loans, and will keep you in business for 9-12 months while you are “innocent.”

Bordering on farcical, we of course could not let this get past us. We had to get all of the details of this plan, which also includes running a misinformation campaign against those who oppose the bail reform efforts in Houston, Texas. Interestingly, the plan also includes developing a school curriculum on bail reform and designing “exhibits on bail reform in the lobby of the criminal courthouse, in the office of the County Court at Law Judges and the Harris County Jail.” We have to assume that Federal Judge Lee Rosenthal is statue worthy, although we regret that Augustus St. Gaudens is long gone since he is the only human being past or present worthy of undertaking such a project.

So, we issued an open records request to get the details. We will report back the findings. In the request, we note that there are many unresolved issues, such as:

Whether defendants will be forced to take mass transit instead of ride sharing services in order to fight climate change; Whether defendants will be allowed to take Uber Black or will have to use Uber pool; Whether Uber and Lyft drivers will be informed they are transporting criminal defendants or not and if they will also receive a copy of their pretrial risk assessment and score; Whether or not electric scooters and/or electric bicycles were considered and/or approved as a transportation mechanism in order to significantly reduce carbon emissions thereby stopping the planet’s ultimate and certain doom.

Whether defendants will be able to port their cell phone numbers and be offered a selection of phones including I-phone and android; Why Taxicab drivers have been excluded as drivers in this new criminal social transportation justice movement. Be warned – free Uber, free phones, and free child care are not for everybody. It is only for those who completely disrespect society and continue to commit crimes. The more the crimes, the more cell phones, the more free Uber rides, and the more free child care. The rest of you…you’re on your own. It is fair to say that Dallas County and Harris County have simply gone off the rails with this bail and criminal justice reform. The question will be, when will the public say enough is enough?

Jeff Clayton, M.S., J.D.

Executive Director

American Bail Coalition

More about the American Bail Coalition... The American Bail Coalition is the national trade association of commercial bail insurance underwriters whose members are responsible for underwriting criminal bail bonds throughout the United States of America. The Coalition’s primary focus is to protect the constitutional right to bail by working with local and state policymakers to bring best practices to the system of release from custody pending trial. Jeff Clayton, Esq. is the Executive Director/Policy Director and can be reached at jclayton@americanbail.org or (877) 958-6628.

Bail-Reform Blues: Can't Please All Parties When Reforming Pretrial-Detention Process

Mon, 04 Dec 2023 16:10:22 GMT

Your Source for the Latest Bail Bonds News

Governor Greg Abbott's endorsement of bail reform last year appeared to give the issue fresh life. But Abbott has now backed a bail-reform bill that eschews best practices and instead puts his office at the center of future decisions about pretrial reform. The Houston Chronicle editorial board rightly opined that the move puts legislative reform efforts at extreme risk, but it's hardly just the governor. There's a swirl of backroom drama surrounding this topic with an array of competing interests and agendas, and no obvious way to navigate the morass. Here's an overview of interests framing the topic:

Federal court injunctions have mainly focused on representation of indigent defendants at bail hearings and eliminating discrimination based on ability to pay. Counties oppose requiring appointment of counsel for indigent defendants earlier in the process, considering this an "unfunded mandate." The Texas Judicial Council proposed using risk assessments to reduce incarceration of low-risk offenders (the Office of Court Administration developed an instrument based on work by the Laura and John Arnold Foundation to create a version counties could use for free).

The bail industry opposes use of risk assessments with the heat of a thousand suns and is investing big money in lobbying and communications strategies to undermine bail reform efforts.

After the death of a state trooper named Damon Allen, Governor Abbott weighed in to say his biggest priority was expanding the scope of preventive detention. The criminal defense bar adamantly opposes granting any additional preventive detention powers to the government.

Criminal-justice reformers are split. In theory, all support reduced pretrial incarceration in county jails, but some oppose the use of risk-assessment algorithms which are viewed as racially biased.

The Governor's proposal criticized by the Chronicle focuses primarily on preventive detention and expanding the power of his office over local court processes. The federal litigation driving the issue is more focused on access to counsel at bail hearings and reducing unjustified pretrial detention. Meanwhile, the Whitmire/Murr legislation ignores the access to counsel issue and promotes risk assessments and preventive detention, trying to merge the Governor's priorities with the judiciary's.

Never say never, but it's hard to see the path toward threading that needle. And if it were to occur, the resulting bill likely wouldn't resolve the issues at stake in the federal litigation, and we'd be back doing this again in 2021. After the federal litigation has finished, it will be much more clear what needs to be in the bill to ensure counties meet baseline constitutional standards, since they will have been outlined by the 5th Circuit. In the end, the will may not yet exist to solve the problem through the political process. Certainly there is no consensus regarding what reform should look like and who should control it.

But much could change between now and 2021. If the Lege fails to act this year, odds are federal litigation presently pending in the 5th Circuit will reach its denouement between now and the next time they meet. That will create a new baseline for pretrial-detention rules and give the Legislature much more guidance, and possibly different priorities. So look for the Texas Lege to revisit bail reform in 2021, whether or not a bill passes this time.

The Importance of Using a 24-Hour Bail Bonds Service

Tue, 24 Oct 2023 13:50:01 GMT

Why a 24-Hour Bail Bonds Service Matters

There are many things to consider immediately after you or your loved one have been arrested. One of the top considerations is how soon you can obtain release from jail. If you need the assistance of a bail bonds service to post bail, make sure that you hire a company that operates 24 hours a day. There are many ways that a 24 hour bail bonds service is the most beneficial for anyone going through this process:

Arrests Can Happen Anytime: Arrests don't necessarily happen during convenient business hours. Waiting around for a bail bonds office to open can be uncomfortable - and it's not necessary that you do so. We provide 24 hour bail bonds services to give you the help you need no matter when your bail is determined.

You Can Begin At Once: There are several different ways to post bail. If you choose to work with a bail bonds service, it's typically because you don't have the cash or collateral immediately available to pay the court directly. In this case, it's better to begin the process sooner rather than later. By working with a service that processes and provides bail bonds at all hours of the day and night, you'll have everything you need to begin as quickly as possible.

The Legal Process is Complex: If you don't have experience with the law, trying to find the resources or navigating the steps to get your loved one released can be overwhelming. A 24 hour bail bond service can help clarify details about the arrest and release process, making round-the-clock availability even more essential.

Have Someone On Your Side: While facing an arrest can be a difficult and daunting experience, you don't have to go through this process alone. The more support you have from experienced services such as a legal representative or bail bondsman, the easier it is to navigate this step and develop a plan for your next steps. By providing 24 hour bail bonds services, our team ensures that we are always on hand to answer your questions.

If you need comprehensive, round-the-clock bail bonds service in Houston and the rest of the Harris County, TX area, Action Bail Bonds is here to help. Our team is highly experienced, well trained, and completely professional; our goal is to get you the answers and assistance you need as quickly as possible. We provide 24 hour bail bonds services throughout the greater Houston area, offering comprehensive advice that will give you a good idea about the next steps you need to take. When you need peace of mind, reach out to our office!

Complete Bail Bonds Services in Harris County, TX

For over 25 years, Action Bail Bonds has been built on courteous customer service, honesty, and integrity in providing citizens of Houston, and the entire Harris County, TX region their constitutional rights. Our experienced team of bond agents have a long history of providing excellent bail bond services to their clients, the Harris County District Attorney, the courts, and law enforcement.

No matter what time of day it is, we can provide 24-hour bail bonds to ensure your loved one can remain at home, while awaiting a scheduled court date. In addition to covering a wide range of arrest charges, we can also offer DWI bail bonds, warrant checks, appearance bonds, misdemeanor bonds, and more. For free bond information or to learn more about our available Harris County bail bonds including our DWI bail bonds, visit our FAQ page to see our most frequently asked questions.

If you or someone you love has been arrested, put your trust in your local bail bond experts for affordable, and fast bail bonds. The bail bondsmen of Action Bail Bonds are experienced, and knowledgeable professionals ready to help you and your family. Whether you need free bond information or discount bail bonds, we are here for you.

Contact our offices today.

Types of Bail Bonds

Tue, 22 Aug 2023 15:06:38 GMT

Bail Bonds Explained

It’s important for individuals who are considering using bail bonds to understand exactly what types are available before making any decisions. Cash bonds, surety bonds, property bonds, federal bonds, immigration bonds and appearance bonds are all common types and can help you get released from jail while awaiting your trial date.

Types of Bail Bonds

When facing criminal proceedings, it's important to understand the various types of bail bonds available. A bond is an agreement between the court and the defendant, where the defendant offers a financial guarantee that they will appear in court as required. By doing so, the defendant is released from custody until their court hearing. The most common forms of bail bonds include cash bonds, surety bonds, property bonds, federal bonds, immigration bonds and appearance bonds. Below is a brief explanation of each of these types of bonds:

Cash Bonds: The defendant posts cash or cash equivalent collateral with the court to secure their release from jail before their trial date. The funds are held until all outstanding cases against them have been concluded. Any unused portion of the bond is then refunded to the defendant. It’s important to note that this option is only available if the defendant has sufficient funds available to cover the full amount of bail set by the court.

Surety Bonds : These involve using a bond agent who agrees to make payment on behalf of the defendant in exchange for a fee that is usually about 10-15% of the total value of the bond set by the court. This may also require additional collateral depending on specific circumstances. It can be difficult for people with multiple cases against them since bondsmen may not want such risk involved.

Property Bonds: They allow defendants to post real estate such as homes or land as collateral against non-appearance in court. Defendants must provide proof that they own enough real estate with ownership value that is sufficient to cover associated costs if necessary. As with Surety Bonds, it can be challenging for those facing multiple charges due to the high risk involved.

Federal Bail Bonds: These bonds are specifically used in federal criminal cases involving offenses like drug trafficking or terrorism where there’s greater risk than normal criminal proceedings; these agents must be licensed both state and the federal government so they remain compliant with laws governing such matters.

Immigration Bail Bonds: Immigration bonds are used when someone is arrested due to immigration violations like overstaying visas or entering without proper documentation - these tend to come at a higher cost because specialized knowledge about relevant laws is needed here too. It can be difficult to obtain an immigration bail bond and may require a high collateral amount.

Appearance Bail Bonds : With these bonds, individuals don't need to put up collateral like cash, surety or property since no direct financial involvement from either party is required – instead agents specialize in helping individuals unable to make large sums of money quickly stay free while awaiting resolution case(s).

Contact Us Today for Free Bond Information!

At our agency, we put our clients first by offering personalized service with respect and discretion. We understand that sometimes the court deems it necessary for financial guarantees to be put in place to ensure the appearance of the defendant in court. Ultimately, most people do not have the assets on hand to pay for their bonds. That is why bail bond companies exist.

If you would like more information on bail bonds services or need assistance navigating the process in the Houston, TX area – contact us today! Our team is here to help guide you through each step of the way – from understanding different types of bonds available, setting up payment plans and filing paperwork - we do it all!

What Happens When You’re Charged With a DUI in Texas

Tue, 21 Mar 2023 16:05:29 GMT

What to Expect When You’re Charged With a DUI in Texas

The state of Texas takes DWI charges extremely seriously. Even a first-time offense can come with severe fines that dramatically impact your life. In Texas, a first and second DWI are considered misdemeanors unless you had a child as a passenger or caused an accident that seriously injured someone. In those cases, or if it’s your third or subsequent DWI, it will be considered a felony.

If you have been arrested for a DWI in Texas, you could be facing serious consequences. While the DWI procedures themselves are not unique, the penalties associated with this situation are among the strictest in the country. There are two important things you need to do in order to give yourself the best chance at success. The first is to seek the assistance of an experienced professional. The second is to inform yourself so you know what to expect throughout every step of the process.

License Suspension

The day after your arrest, you will be released and given a paper that advises you that your license has been suspended. The pink paper is your new temporary license, which will be valid for the next 40 days. If you wish to dispute the suspension, you have 15 days to request an Administrative License Revocation hearing.

Arraignment

You will be required to attend an arraignment hearing. During the hearing, your charges will be officially read to you, at which point you will have the option to plead guilty, not guilty, or no contest. You’ll want to consult an experienced professional about which plea is right for you, though in most cases you’ll want to plead not guilty to give yourself options down the line. Once you plead guilty or no contest, you’ll move directly to sentencing without any chance to refute the charges. DWI cases can be defended, and fighting the charges is the only way to potentially prevent a criminal record.

Pre-Trial Hearings

If you plead not guilty, the pre-trial part of the process begins. If you have an attorney, they will enter into negotiations with the State, file strategic motions, and make plans for your trial. Hearings will be set for every motion you file.

Trial

During your trial, your case will be decided. Your attorney will prepare your strategic defense and each side will present its argument. Witnesses will be called and examined, then cross examined. Evidence will be presented by both sides. Once the arguments are made, a verdict will be reached. If you are found not guilty, you will walk out free. If you are found guilty, a sentencing date will be ordered. You will have the option to appeal the decision if you choose.

Second & Third Offenses

While a second DWI is still considered a misdemeanor, the penalties are generally double what they were for a first offense. Your first DWI can also be used against you at trial, which makes it even more important to have experienced professionals on your side from the beginning.

A third DWI offense, and any subsequent DWI after, is considered a felony. You will need a comprehensive strategy from the outset to have any chance of success.

A DWI conviction in Texas can result in jail time or the loss of your driver’s license, which can impact your job and career prospects, child custody, personal relationships, and other aspects of your life that you might not have considered.

Being arrested for a DWI is an overwhelming experience. If you or someone you love has been arrested for a DWI, your first priority will be to get them out of jail. Contacting an experienced DWI bail bonds service is the best course of action if you need experienced advice, additional resources, and a capable point of view. Action Bail Bonds is here to help anyone in the Houston, TX area who might be dealing with a DWI arrest. Contact us today to learn more!

Why Bail Bonds Are the Most Affordable Option for Getting Out of Jail

Wed, 15 Feb 2023 17:05:38 GMT

Bail Bonds: The Affordable Option for Getting Out of Jail

Being arrested and charged with a crime is a scary situation. The type of punishment and fines that can be imposed on you vary greatly depending on the type of crime you are being charged with. Judges will often set a bail amount which is an amount of money that the accused must give to the court as an assurance that they will return to court. If they do not have the cash amount that the court requires, they are forced to spend their time in the correctional system until their court date comes.

Unfortunately, many people do not often have the money that the court requires them to post to be released on bail. Bail bonds are a way of getting the money needed to be released on bail without having the entirety of the bail amount yourself. The way bail bonds work is that you use assets such as cash, real estate, vehicles, and jewelry to pay a fee to the bondsman who will then pay for the bail for you. The fee will vary based on the bondsman, but it is usually about 10% of the bail price. The assets that you use to pay for the fee are not refundable, but you do not have to come up with the entire bail bond money yourself. It is much easier for friends and family to come up with 10% of the bail than it is to get all of the bail money.

Contact Us Today for 24-Hour Bail Bonds!

Action Bail Bonds is a bail bondsman serving the Houston, TX community. Bail bonds are an affordable way to get released from jail without having to come up with all the bail money. Instead, a bond allows you to come up with a percentage of the money, generally 10% but it could be higher, and the bondsman provides the court with the bail money. This makes affording bail much easier on you. Contact us today for free bond information!

Bail Bonds & Social Distancing

Tue, 04 Aug 2020 16:42:21 GMT

Navigating Bail Bonds Amid Social Distancing Guidelines

In today's world, social distancing is extremely important. So, how do you secure a bail bond while abiding by the rules?

Here at Action Bail Bonds, we have always offered various ways to obtain or pay for a bail bond. In these times of pandemic-related social distancing, we invite you to take one of the following avenues.

Phone Call

Perhaps the easiest way to get in contact with our bail bond agents is to give us a call! Regardless of your situation, we are able to conduct the entire bail bond process over the phone. We can answer questions, process a bail bond, and accept payment via phone call. Similar to any type of bill pay service, we are able to accept debit and credit card payments over the phone, For proof of service or payment, we are able to send you the invoice and paperwork through email or via the post office.

Email

Email contact is always beneficial as you will have a thread of conversation that you can look over at any time. No matter what your needs, you can email our bail bond agency for reliable service. Once you email us to inquire, our bail bondsman can send you all the forms needed for your specific situation. To fill out the forms, you can complete them electronically or fill them out by hand and scan them or take a clear photograph and attach it to the email. In the event you choose to complete the paperwork electronically, be aware that you also have to add a signature to them. You can take a photo of your signature and digitally add it to the files or send us a digital PDF signature. In addition to the necessary paperwork, we will also send a payment form to ensure your payments are processed correctly.

Fax

If you are uncomfortable about sending your personal information and payments through email, faxing us a copy is always an option. If you own a fax machine, you can easily fax us your documents to quickly and easily secure a bail bond. We recommend calling us to confirm that your faxed documents were received so the bail bond process can begin.

Cash

In the event you do not have the ability to pay with a credit or debit card, we do accept cash payment at our office. However, we do follow strict social distancing guidelines to ensure the safety of our staff members. We recommend completing the bail bond process over email, fax, or phone, then traveling to our location for payment. Once you have arrived, please give us a call and we can direct you from there. Please be sure to wear your mask during any and all interaction with our bail bond agents. There is no delay in the bail bond process if you prefer to make a cash payment.

Reach Out to Our Bail Bondsman for More Information

Have any questions? Feel free to give us a call to learn more about all of our bail bond services ! Here at Action Bail Bonds, we know how nerve-wracking the process can be and we aim to make it as quick and simple as possible for you. Our affordable and fast bail bond services are available for clients throughout Houston and the Harris County area.

What You Need to Know About Bail Bonds

Mon, 06 Jul 2020 22:06:53 GMT

Essential Facts About Bail Bonds You Should Know

Did you know that one in every 20 people will serve time in prison during their lifetime? If a loved one or a friend has been arrested, then you will most likely need to secure a bail bond to help get them out of jail. Since getting arrested could happen at any given time, understanding how bail works, how bail amounts are determined and what kinds of bail methods there are is something everyone should know.

What is bail & when is it set?
When someone gets arrested for a crime, it is a long process before a hearing occurs. Their name and personal information is entered into the police system, their picture and fingerprints are taken, and their personal belongings are held in impound. They are then given a sobriety test, allowed to make one phone call, and are then locked in a cell. Without bail, the person who has been arrested has to remain in jail until the hearing. In order to help people prepare for court and to keep jails free, courts post a bail amount. A bail hearing is usually scheduled within 48 hours of arrest and a judge will determine how much the bail will be.

What factors influence bail amount?
There are many factors that influence the bail amount including the severity of the crime. Crimes such as petty theft will result in a lower bail than grand larceny or more violent crimes. If someone has an extensive criminal history, it is quite likely the bail amount will be increased. Significant differences exist for bail amounts depending on if the charge is a misdemeanor or a felony. The bail amount for felony charges can be 5 to 10 times higher due to potential flight risk. The judge can also deny bail, meaning the defendant remains in jail until sentencing.

When can you post bail?
Many petty crimes already have a set bail amount, and in this case, bail is able to be posted immediately after being processed. In other cases, bail cannot be posted until after the bail hearing. This is common with domestic violence cases and other violent crimes. The advantage of having to remain in jail until a bail hearing is that an attorney can be hired to help argue for a reduced bail amount.

What are some ways to post bail?

Cash bond - The full bail amount is paid in cash. Sometimes these can end up more expensive than a surety bond due to the whole amount being due. If the defendant does not have the money, someone else can pay the bail on behalf of the defendant.
Bail bond - Set for more severe crimes such as felonies. A bail bond is a form of payment provided on a defendant’s behalf by a bail bond agent. When defendants use a bail bond agent, they pay the agent a fee and the agent acts as a surety, telling the court that they (the bond agents) will pay the full bond amount should the defendant fail to appear at court.
Property bond - If a defendant has property, like a house, they may be able to use it in place of putting down cash. The court will put a lien on the home and will be able to sell it if the defendant skips out on any court dates.

Other types of ways to post bail include signature bonds, surety bonds, and property bonds.

How do bail bonds work?

A bail bondsman is your go-to if you know someone who has been arrested and if the bail amount involves surety or a large amount of cash. A bail bondsman will front the money on behalf of the defendant in order to get them out of jail. By paying the bond, an agreement is made stating the defendant will show up at future court dates. Should the defendant comply with the bond conditions, the bond agent will return the collateral or release the lien created by the agreement upon the conclusion of the case.

Offering Affordable Bail Bond Services 24/7

If you find yourself in need of bail bond services , you can rely on the team at Action Bail Bonds. We provide free bond information and affordable bail bond services in Houston, TX, Harris County, and beyond. We are available 24 hours a day for your convenience. For fast bail bonds, give us a call as soon as possible.