Procedures for Getting Out of Jail
HOW BAIL IS SET
The arresting officer files a probable cause affidavit with the court after booking the defendant. This is essentially the police officer’s condensed version of the defendant’s allegations. The judge reads the report and inquires about the defendant’s criminal history. At that point, the judge determines the amount of bail. The gravity of the allegations and the length of the defendant’s prior arrest history are likely to be the two most important factors in determining the amount of bail set by the judge.
In Texas, bail for misdemeanors is frequently set as low as $500 for hot check cases and as high as $10,000 or more for family violence assaults. If the defendant has no prior arrests, most first-time DWI bail amounts will range between $1500 and $3000. However, because there is no set schedule for this, the amount may be higher depending on the judge who initially reviews the case.
In Texas, judges are available to set bail between the hours of 7 a.m. and 1:00 a.m. People arrested after 1:00 a.m. (such as most DWIs) will not have a bail amount set until the following morning – or even the following afternoon.
In Texas, there is a way an attorney can arrange for a person to be released from jail so that they don’t have to spend the night in jail. That is called a late night Hobby release. Learn more about Bonds & Fines
Is a bail bond tax deductible?
No. Bail is not tax-deductible. Bail is actually not like a tax. The only reason that you might think it was like a tax is because it is a payment that is made to the government. However, bail is actually a guarantee that helps to ensure that you will return to court in order to stand trial for a crime that you have been accused of committing.
When you are arrested and put into jail, you are given the option of posting bail. If you post the full amount of the bail on your own (without the help of a bail bonding agency) then you will get a full refund for the amount of the bail bond as long as you turn up in court to stand trial. The only time that you will actually lose money in a bail situation is if you enlist the help of a bail bonding agency.
A bail bondsman will generally require a down payment for the amount of the bail that is about ten percent of the total bail. The bail bonding agency will then provide the additional 90 percent of the bail bond for the court. As such, you are paying the bail bonding agency to pay for your bail. The bail bonding agency will then get a full refund of the amount of money that was required for your bail. However, you will not get any of that money back. To recap, bail is not tax deductible and is not actually a tax.