What Are the Potential Outcomes of a Bail Proceeding?
As a general rule, if you’re arrested and detained, the arresting authority may release you “on your own recognizance” or may require that you post a bond, or bail, as it is commonly called. In some instances, the arresting authority will set the bail amount. More often, though, the arresting authority will ask the court to confirm that bail is appropriate and to set the bail amount.
When determining whether bail should be required, the arresting authority and court typically consider the same factors:
- The nature and severity of the criminal charges—The more serious the charges, the larger the bond that will be required.
- Whether you’re a flight risk or could pose a danger to others if released—The greater the risk, the larger the amount of bail, with the potential that bail may be denied.
- Whether you have previous convictions for the same crime
What Happens at a Bail Hearing?
Bail hearings are typically informal, at least initially, as the prosecutor and defense attorney discuss the factors listed above and propose a bail amount. It’s important to understand that the bail hearing is not about the defendant’s innocence or guilt. Instead, the court will focus its attention on evidence related to whether the defendant will return to court as required if released on bail. At the hearing, prosecutors and defense attorneys must both be allowed to introduce evidence, if appropriate, to help the court make a decision regarding bail.
In some states, including Texas, an incarcerated person who cannot afford bail may ask the court for a bail review hearing, which looks specifically at the amount of bail and length of time the defendant has been incarcerated.
What Are the Potential Outcomes of a Bail Hearing in Parker County?
At the conclusion of a bail hearing, the judge will issue a ruling either granting or denying bail. If bail is denied, the defendant remains in custody but has the options of either appealing the decision or asking for reconsideration. The court also has the discretion to release the defendant without requiring bail, or the judge can set conditions along with bail, such as travel restrictions, regular check-ins, or a no-contact order. As a general rule, violation of those additional conditions can lead to loss of freedom.
If bail is granted, the defendant can pay it all directly to the court, and if they appear at all the required hearings, they will receive the bail money back. The defendant also has the option of working with a bail bondsman, who posts the bail in exchange for payment of a premium, typically 10% of the bail amount.
Contact The Loftin Firm for Experienced Criminal Defense Counsel
Good results don’t just happen. They’re the product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, attorney Loftin has successfully represented many criminal defendants at bail hearings.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients Across Parker County, Texas, Including Weatherford,
Willow Park, Aledo, and Annetta, and Throughout Fort Worth