When you are arrested, it can be an incredibly overwhelming experience, as you are held in jail for the duration of your case, which can take over a year depending on the complexity of your case. As such, understanding your options is critical. Generally, one of the most important things you should consider is whether or not you can afford bail. If you’re unsure of your legal options in these matters, the following blog explores what you should know about this process and the importance of working with experienced Houston criminal defense attorneys.
What Is Bail?
When you are arrested, you will generally be held in jail until your court hearing date has been determined. However, in some instances, you’ll find that you are offered bail. This is essentially a collateral payment you can make that allows for your conditional release from jail. By paying bail, you are essentially confirming that you will appear for all scheduled court hearings after your release. If you do not appear for a scheduled court hearing, the court will retain your bail payment, and it will not be returned to you at the closure of your case.
The amount of bail you will be required to pay will be determined by several different factors, including whether or not you are a flight risk, if you are a danger to your community, and the severity of your alleged offense.
What Are My Options if I Can’t Afford Bail?
If you cannot afford to post bail, you may expect to remain in jail for the duration of your case. However, there are additional options you can consider.
One option is to work with a bail bond company. These companies will post bail on your behalf so you can leave jail. Typically, you’ll find that the company can post a surety bond, which posts a small percentage of your bond in exchange for paying the full amount on your behalf, for which you will face liability in the event you do not appear as scheduled.
In addition to connecting with a bail bond company, you should discuss your options with an experienced criminal defense attorney. Working with an attorney helps ensure you get adequate representation in court, as they can fight to have your bail reduced or eliminated. As mentioned, bail can be determined by several factors. If your attorney has evidence that you are not a flight risk, a danger to your community, or a threat to yourself, among other factors, they can fight to have your bail reduced. Additionally, if the bail set is unreasonably high, having an attorney can help protect your rights, as this is a violation of your Eighth Amendment rights.
If you have been arrested, ensuring you take the necessary steps to protect yourself as best as possible is critical. At the Gonzalez Law Group, our team is dedicated to providing the best legal representation possible to those who have been charged with crimes. When you need assistance, our dedicated legal team is here to help. Contact us today to learn how we can guide you through these difficult matters.
