If you have been charged with a criminal offense, understanding what to expect during the criminal justice process is critical. Generally, after your arrest, you will appear before a judge during a process known as arraignment. At this hearing, the judge will review the charges against you and set bail. If you’re unsure what bail is or how it works in the Lone Star State, keep reading. The following blog explores what you must know about these matters and why connecting with Houston criminal defense attorneys is in your best interest if you’ve been charged with a crime.
What Is Bail?
When someone is arrested for a crime, you’ll find that they can post bail after their arrangement to be released from jail during the duration of their court hearings. Essentially, bail serves as collateral for the defendant’s conditional release from jail. Generally, so long as the defendant appears at all scheduled court dates and follows the conditions of their release as set by the court, they will have the money returned to them at the end of their trial, regardless of whether or not they are found guilty.
In some cases, the judge can release a defendant on a personal bond or personal recognizance. Essentially, this means the judge is taking them at their word that they will return to court for their scheduled dates. This is not eligible for violent offenses or those currently on probation for violent crimes.
How Is the Amount Determined?
First and foremost, it’s important to understand that the amount is determined by several factors, like the severity of the alleged offense, the defendant’s criminal history, if they are considered a flight risk, and whether or not the public would be in danger if they were to be released. Some misdemeanor and non-violent offenses have pre-determined bail amounts, but the judge may alter them if necessary.
Regardless, you should note that under the Eighth Amendment of the United States Consitution, defendants are protected from excessively high bail. With that said, not all defendants have the right to post bail. Under certain circumstances, a defendant may be denied, as per the Bail Reform Act of 1984.
Am I Eligible for Bail?
Generally, most people are eligible for bail. However, there are some conditions under which a judge has the right to deny bail. If you have committed a capital offense or are a repeat felon, you may be denied bail. Additionally, those who have committed violent offenses, broken emergency protection orders, or those believed to be witness tampering may be denied the right to post bail.
This is an incredibly complicated matter, so it’s in your best interest to connect with an experienced attorney who can assist you during this legal process. At the Gonzalez Law Group, we understand how complicated these issues can be, which is why it’s in your best interest to work with our team. Not only can we assist you in fighting to have your bail lowered if it’s too high, but we can represent you throughout the duration of your legal battle. Contact us today to learn how we can help you.
