A bail bond (surety bond) is a financial guarantee to the court that the defendant will appear each and every time as the court directs. There are Two (2) types of bonds - In Custody (a person is in jail) and Non-Arrest/Walk Through (a person has warrants and posts bond to stay out of jail). The Surety (bailbondsman) places the funds with the court and charges a fee similar to the interest of a bank. As with a bank loan these funds are secured with either signature documents or collateral. Since the defendant is usually in jail and inaccessible, another person must indemnify (cosign) for their bond.
There are many factors that determine a bail bond premium (fee). Please contact our office for an accurate quote. *Certain bonds require a 10% premium, see below*
Harris County Local Rule
Before posting a surety bond for release of a pretrial detainee charged in state or county court in Harris County with a serious violent or sexual offense, persons or entities licensed as a bail bond surety in Harris County must collect a premium of at least 10 percent of the total surety bond amount and present proof of payment of the 10 percent premium to the Harris County Sheriff in the form of a sworn affidavit setting out the premium amount paid, identifying how the premium was paid (including, but not limited to, by cash, type of cash equivalent, property transfer, or property lien), and identifying who paid the premium.
For the purpose of this rule, a “serious violent or sexual offense” is one defined in the following sections of the Texas Penal Code:
An Indemnitor (Co-signer) is financially liable for the bail bond and any cost incurred as a result of the bond being posted if the defendant fails to appear for a court date. This could include court costs, rearrest costs, return fees, etc.
As long as the defendant can be located and returned to custody within the time allotted by law, these costs are significantly less than the full bond amount.
If the defendant appears each and every time as directed by the court, none of this applies.
Once the case is disposed, the Indemnitor's (Co-signer's) liability is terminated.
If the Defendant fails to appear on their court date the bond can be forfeited and a warrant will be issued for their arrest.
The need for collateral is determined on a case by case basis.
Whether the bond can be posted immediately after arrest is based on what type of charges the Defendant has -
If the Defendant has been arrested on municipal traffic warrants, it is possible that bond could be posted within a couple of hours.
If the Defendant has been arrested on county traffic warrants (Justice of the Peace) the average time before bonds can be posted is 6-8 hours.
If the Defendant has been arrested on county criminal charges the average time before bond can be posted is 4-6 hours.
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Harris County License 74435