Sunday, February 8, 2009

24 Hour Jail Release

NOTE: If You Are Trying To Get Someone Out of the Travis County Jail immediately, please call our office immediately at (512) 415-7648. We know it is important to get your loved one out of jail as soon as possible so we work around the clock to help.

How Bail is Set:

After booking the defendant, the arresting officer files a probable cause affidavit with the court which is basically an abbreviated police report of the allegations against the defendant. The judge reads this report, and checks the defendant’s criminal history. After reading the police officer's report and looking at the defendant's criminal history, the judge determines the bail amount based primarily on the seriousness of the allegations against the defendant and the defendant's criminal history. At that point, the judge sets a bail amount.

For misdemeanors in Travis County, bail is often set as low as $500 for hot check cases, and as high as $10,000 or more for family violence assaults. Most first time DWI bail amounts will be between $1500 and $3000, if the defendant has no prior arrests. There is no set schedule for this though; so the amount may be higher depending on the judge that initially reviews the case.

Anyone arrested on a DWI or assault charge, is usually arrested without a warrant. That means, in order to get out of jail they first must see a judge, who sets the amount of their bond and then they can post the bond. There are several types of bonds that can be posted.

Once a bond amount has been set, there are four ways to be released from jail. These are Cash Bonds, Personal Bonds, Lawyer Assisted Bonds and Surety Bonds.

Cash Bonds:

This method requires one to deposit with the jail the full amount of the bond. Travis County Jail will only accept cashier’s checks or money orders in the amount of the bail, cash is not accepted.

Since the bond is usually set in the thousands, it can be difficult for friends and loved ones to come up with this kind of money quickly. Additionally, the bond money will not be returned until the case is resolved – which could easily take a year or even longer.

Personal Bonds:

Travis County PreTrial Services Office will often interview an arrestee, to see whether they qualify for a personal bond. If they do qualify, the person will only be required to pay a $20 PR Bond fee to the office.

This is the cheapest way to get out of jail, however, it too is often not the best option for the recently arrested person. Since Pretrial Service Office uses very strict criteria to determine if a person is eligible for a personal bond, very often, a person will not be approved for a Personal Bond unless an attorney is retained. Additionally, without the assistance of an attorney, Pretrial Service can take over 10 hours to approve someone for a personal bond, which is a long time for a person to sit in jail when they could be released much sooner.

Lawyer Assisted Bonds:

There are several ways that I as a lawyer can help you get out of jail.

First, I am often able to speed up the Personal Bond Process. Even if PreTrial Services wouldn’t have turned in a bond until sometime in the afternoon, I am usually able to speed that process up and get it turned in sometime shortly after 8 A.M. This can save the client many unpleasant hours in jail.

Second, sometimes, pretrial services has denied the person a personal bond but they have said that they will reconsider that denial, if the person hires an attorney. I can help your loved one obtain the personal bond that they would not otherwise qualify for without an attorney.

Third, if the client was not going to qualify for a personal bond, I can often get a percentage cash deposit bond approved. In most cases, this money can be applied towards the fee I charge to represent the person in court. Call The Law Office of Florencia Rueda now at 512-415-7648.

Surety or Bail Bonds:

Bail bond companies typically charge at least 15-20% of the bond amount to get someone out of jail. One thing to remember when hiring a bondsmen is that the money used to pay a bondsman can never be applied to the attorney’s fees in a case.

Call now for help in getting your loved one released. Our phones are answered 24/7. Call The Law Office of Florencia Rueda now at 512-415-7648.