Bond vs. Bail in Texas: Understanding the Key Differences

Being arrested is a terrible experience. Particularly in the Central Texas area, there are some jails with some pretty awful living conditions for inmates and they are not places anyone would want to find themselves for an extended period. There’s a whole host of issues that must be addressed following an arrest, but the most immediate will be how to secure release.

In Texas, if you are arrested and charged with a crime, you may be required to post bail or obtain a bond in order to be released from custody until your trial or dismissal. While these terms are often used interchangeably, they actually refer to two different types of agreements. In this blog post, we will explain the key differences between bond and bail in Texas.

Bail in Texas

Bail is a cash payment that is made to the court as a form of security to ensure that the defendant will appear for trial. The amount of bail is set by a judge and can vary depending on the severity of the crime and the defendant's criminal history. In some cases, the judge may even deny bail altogether if they believe the defendant is a flight risk or a danger to the community.

If you are unable to pay the full amount of bail, you may be able to work with a bail bondsman. A bail bondsman is a licensed agent who will pay the full amount of bail on your behalf in exchange for a fee. This fee is typically 10% of the total bail amount and is non-refundable.

Bond in Texas

A bond is a type of agreement that allows a defendant to be released from custody in exchange for a promise to appear for trial. In Texas, there are two types of bonds: personal bonds and surety bonds. Personal bonds do not require the defendant to pay any money upfront, but they do require the defendant to sign a written promise to appear for trial. Surety bonds, on the other hand, require the defendant to work with a bonding company, which will post the bond on their behalf. The bonding company will typically charge a fee for their services, which is usually a percentage of the bond amount.

Conclusion

While bond and bail are both forms of security that can be used to obtain release from custody before trial, they are not the same thing. Bail is a cash payment that is made to the court, while a bond is a type of agreement that involves a bonding company. If you or a loved one has been arrested and charged with a crime in Texas, it's important to understand the differences between these two options and work with an experienced criminal defense attorney who can help guide you through the process. If you need assistance with a bail or bond issue, contact the attorneys at Villanueva, Salazar & Tucker today.