When a Defendant is arrested and accused of a crime, the Defendant can be released from Jail during the pendency of the trial if they can “make Bail”.
“Bail” is an amount of money that a Magistrate or a Judge sets for a Defendant to post in order to be released prior to trial. This money is deposited to the court as collateral so that the Court can secure the Defendant’s appearance at trial.
The cash funds that are deposited for bail shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee, after the defendant complies with the conditions of the defendant’s bond.
Basically, a Defendant may bail out of jail prior to trial and be held on bond during the pendency of the case. Then, once the Defendant has complied with all the conditions of the bond, including appearing for trial, all the funds that were deposited to the Court for bail (minus administrative fees) are released.
If a Defendant is “Out on Bond”, the Court will require the Defendant to comply with a number of “Bond Conditions”. Most importantly, the Defendant must appear at all the required court appearances. A failure to appear could result in the forfeiture of the bond, which would result in a warrant being issued for the Defendant’s arrest.
According to the laws in Texas; “When a defendant is bound by bail to appear and fails to appear in any court in which such case may be pending and at any time when his personal appearance is required under this Code, or by any court or magistrate, a forfeiture of his bail and a judicial declaration of such forfeiture shall be taken in the manner provided in Article 22.02”
Unfortunately, some people who have been accused of a crime are stuck in jail (sometimes for months or years) because they are not able to afford the bail that has been set for them by the Magistrate or Judge in their case.
The 8th Amendment to the United States Constitution and The Bail Reform Act protect those accused of a crime from excessive bail amounts and prohibit Magistrates or Judges from setting bail at an amount which is deemed to be exorbitantly high.
The amount of bail to be required in any case is to be regulated by the court, judge, magistrate, or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
The writ runs in the name of “The State of Texas”. It is addressed to a person having another under restraint, or in his custody, describing, as near as may be, the name of the office, if any, of the person to whom it is directed, and the name of the person said to be detained. It shall fix the time and place of return, and be signed by the judge, or by the clerk with his seal, where issued by a court.
If you or a loved one is in need of assistance in getting a bail set or reducing the amount of bail that has been set, contact The Udeshi Law Firm immediately. ULF has secured bail for hundreds of defendants throughout the state of Texas and has the experience and know how to do everything possible to secure your release from jail. We understand the importance of being with being released prior to trial and the stress it can cause on family, work, and finances when you are locked up prior to trial. Call our office today to speak with a criminal defense attorney for a free consultation!