If a person is arrested in San Marcos, that person is able to be released from jail on what is called, “bail.” Bail is assigned to a person on the expectation that the arrested person later is required to appear in court. Following a court appearance, the bail money is returned. This article covers the bail process, how bail bonds work, and the next steps after bail.
So what is bail exactly?
Essentially, bail is set of funds paid to have a person released from jail. Generally, bail is paid with a bond, cash, or even property. Once bail has been posted, the person who has been arrested is released until the day he or she is expected to appear back in court.
Bail is kept by the court until the person who was arrested appears in court. Assuming this person appears for a hearing, they are returned the bail from the court. Failure to appear in court can lead to a warrant being set for this person’s arrest.
What are bail bonds and how do they work?
When people do not have the needed amount of cash required to post bail, bail bond agencies in San Marcos can help. Bail bonds are documents that say that a particular bail bond agency will pay the bail amount if the person arrested does not show up in court.
Generally, bail bond agencies in San Marcos require 10 to 15% of the total bail fee in order to issue a bond. This is known as a premium that bail bond agencies charge for a bail bond.
How is bail set?
Bexar County and the surrounding counties have a bail schedule that suggests the bail amounts for a variety of crimes. It goes without saying, the severity of the crime has much to do with how a bail is set.
Bail schedules are useful for recommend bail amounts, but a judge will make the final decision on the bail amount. Here are three major factors judges will consider when setting bail:
- The criminal record of the arrested person. If the person arrested has a history of run ins with the law, it is almost certain he or she will have a higher bail amount.
- Previous court appearances – that is to say, a person’s history of appearing in court. If a person has failed to appear in earlier court appearances, this is a sure way to have a bail amount increased.
- Connection to local community. If a person has a job or close family where they live, they are much more likely to appear to their court date.
With this in mind, a judge can have the bail amount set higher if he or she feels that the increased amount will make the arrested person more motivated to show up in court.
Who can bail you out of jail and when?
There are basically 3 people who can bail you out of jail including:
- The person who was arrested
- Or a friend.
Alternatively, if a bail bond is being used, a bail bondsman will pay for bail. At this point, the person paying for the bail bond will then need to make payments to the bail bond agency fronting the cost of bail.
What happens after bail has been posted?
After a person’s bail has be posted, he or she is free to return home, back to work and everyday life. Of course, the person who was bailed out will need to show up to scheduled court dates. If they do not appear in court, the bail will be forfeited.
It’s important to understand that forfeiting bail does not just mean losing money. It could mean further criminal charges.
Working with a criminal defense attorney in San Marcos can help you or a loved one if ever faced with this situation.