Except under the most extreme circumstances, both the Texas state constitution and the United States Constitution guarantee the right to reasonable bail to those facing criminal charges. The Eighth Amendment of the U.S. Constitution prohibits “excessive bail,” while Section 11 of the Texas Constitution Bill of Rights guarantees the right to bail by “sufficient sureties,” while also providing for certain exceptions. So, what is “excessive bail,” and what are “sufficient sureties?” As with most matters in criminal cases, those are questions of law that are not subject to absolutes. Still, there is guidance out there, which is why you hire lawyers.
There Can be Conditions Restricting Bail
Bail is a means by which you are released from custody after you have been arrested for a crime. Often referred to as a personal bond, bail or bond is a promise to appear in court when ordered for any hearings or trial in exchange for your release. The bond can be personal recognizance, meaning your promise to appear is all that is required of you, most commonly in cases of minor offenses and first-time offenses. For more serious offenses, depending upon circumstances, bail may require a payment of cash to the court. You forfeit that payment if you fail to meet the conditions of your bail.
For many crimes in Texas, bail can be set quickly, often within hours of your arrest, by a magistrate. However, for certain crimes, including serious felonies such as capital murder, aggravated kidnapping, aggravated sexual assault, and a number of others, bail can be granted only by the court that will hear your case, which can delay being granted bail and, obviously, your release as a result.
“Reasonable” bail does not mean you always will be granted bail. While denial of bail is fairly rare, federal and Texas law both allow courts to do so under certain circumstances, including:
- Extremely serious crimes, such as capital murder, or if the defendant is charged with a felony and has previous felony convictions
- If the defendant is adjudged to pose a risk of fleeing and not appearing at court as required if release on bond is granted
- If the court finds that the defendant will or is likely to put the safety of the community at risk if released on bond pending trial
In general, though, courts grant bail, and policy is that bail should only be denied when the court determines there simply are no conditions that could be placed on the awarding of bail that would ensure public safety and that the defendant would show up in court when required. If you believe the amount of your bond was too high, you can file a motion with the court – called a habeas corpus motion – seeking a reduction in bond.
If You are Charged With a Crime in Houston, Talk to Madrid Law Firm
When you are arrested, you almost always are entitled to release on bond. If you are denied bond, or believe that your bond is excessive to the point where you are essentially denied bail because of your inability to pay, then you need professional assistance in defending your rights. For that you need an experienced criminal attorney. You should talk to the Madrid Law Firm.
