Bail Bonds

Most people are familiar with bail bonds. Someone arrested on a criminal charge may be held until trial, unless they furnish the required bail. The posting of a bail bond acquired by or on behalf of the incarcerated person is one means of meeting the required bail. When a bond is issued, the bonding company guarantees that the defendant will appear in court at a given time and place. The Government entity (state or federal) in whose court the defendant must appear, is protected by the bond. If the defendant fails to appear, the bond amount becomes payable and is forfeited as a penalty by the surety insurer issuing the bond. Bail bonds usually require collateral (cash, a deed, or other property) to protect the surety.

Bail bonds are issued by licensed "Bail Agents" who specialize in their underwriting and issuance. Bail agents act as the appointed representatives of licensed surety insurance companies.

Cash Bonds

This is simply a matter of depositing 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 (not cash).

There are a couple reasons why this is often not the best option for someone trying to be released from jail. First, since bond is usually set in the thousands, rather than hundreds of dollars, many people will find they can not come up with the funds as quickly as their friend or loved one needs to get out of jail. Secondly, the money will be tied up until the case is resolved – which could be a year or even longer. This is generally not a good use of cash funds.

Personal Bonds

Sometime after the arrest, the Travis County PreTrial Services Office will 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.

First, if a person is arrested in the middle of the night (say 2:00 A.M. for a DWI), the judge will not see them to set a bond until sometime much closer to noon – or even afternoon.

Secondly, depending on the number of people arrested, it can take the PreTrial Services Office more than 12 hours to approve a bond for any particular individual. It is not unusual for someone arrested for DWI at 2:00 A.M. to be released on Personal Bond sometime between 2 and 6 P.M. Most of my clients want to be released much sooner than that, if at all possible.

Third, there is a very strict criteria that the Pretrial Service Office uses 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.

Lawyer Assisted Bonds

There are several ways that I as a lawyer can help you get out of jail. Again, if you are seeking to get someone out of the Travis County Jail during the night please click this link. (HOBBY RELEASE)

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, 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.

Third, if the person is arrested and booked, but has not seen the judge to have a bond amount set, in Travis County, only a lawyer can get him out in the middle of the night. This is called a HOBBY RELEASE. There are several conditions that must be met for a person to be eligible for a Travis County hobby release.

Because my business is primarily DWIs, I have attorneys available all hours of the day and night to help get recently arrested people out of jail. Please call Toll Free 1-866-469-6056 to speak with an attorney that can help you now.

Surety or Bail Bonds

Finally, in some cases it is necessary for someone to hire a bail bond company to guarantee the amount of the bond. Bail bond companies typically charge at least 15-20% of the bond amount to get someone out of jail. In some cases, of course, it is more. The money used to pay a bondsman can never be applied to the attorney's fees in a case.

As you can see, there are a number of ways we can help you secure the release from jail of your friend or love one. My phones are answered 24/7. If you are not sure if we can help you, please call me and explain the situation. Odds are we can help you. If not, we can point you in the right direction.

The Law on DWI

In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you're the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.

DWI with a Child Passenger

You can be charged with child endangerment for driving while intoxicated if you're carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:

• a fine of up to $10,000,
• up to two years in a state jail, and
• loss of your driver license for 180 days.

What Happens if You're Stopped

If you're stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.

Punishment for DWI varies depending on the number of convictions:

First Offense

• A fine of up to $2,000
• Three days to 180 days in jail
• Loss of driver license up to a year
• Annual fee of $1,000 or $2,000 for three years to retain driver license

Second Offense*

• A fine of up to $4,000
• One month to a year in jail
• Loss of driver license up to two years
• Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

Third Offense*

• A $10,000 fine
• Two to 10 years in prison
• Loss of driver license up to two years
• Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you've been drinking.

How to Stay Safe

• Don't drink and drive.
• Designate a driver.
• Call a cab.
• Spend the night where you are, if possible.

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