Monthly Archives: March 2024

Bail Bond Conditions: Understanding Your Obligations

gavel, cash, and handcuffs on desk

Things to Think About Before Posting Bail for Somone

When you post bail for someone, whether it’s a friend, family member, or yourself, it comes with certain conditions and obligations. Understanding these conditions is crucial to ensure compliance with the law and to avoid any further legal troubles. Here are some common bail bond conditions and what they entail:

  1. Appearance in Court: One of the primary conditions of bail is to appear in court for all scheduled hearings and proceedings. Failure to appear can result in the forfeiture of bail and issuance of a warrant for arrest.
  2. Travel Restrictions: Depending on the severity of the case and the jurisdiction, the court may impose travel restrictions on the individual released on bail. This might include surrendering their passport or obtaining permission before leaving the area.
  3. Restraining Orders: In cases involving domestic violence or other offenses, the court may impose restraining orders prohibiting contact with certain individuals, including the victim or witnesses.
  4. Drug and Alcohol Testing: If the arrest is related to drug or alcohol offenses, the court may require periodic testing to ensure sobriety during the bail period.
  5. Firearm Surrender: In cases involving violent crimes or offenses where firearms were involved, the court may order the surrender of any firearms in possession of the individual released on bail.

Bail Bond Obligations in Austin, TX

In some cases, the court may require pretrial supervision, which can involve reporting to a probation officer, attending counseling or treatment programs, or adhering to a curfew. The court may also require the individual to maintain employment or attend school during the bail period as a condition of release.

It should also be noted that violating any laws or committing new offenses while out on bail can lead to immediate arrest and forfeiture of bail. Furthermore, the individual posting bail may be required to pay a percentage of the bail amount or put up collateral, such as property or assets, as security. Finally, maintaining regular communication with an attorney is often a condition of bail, ensuring proper legal representation throughout the court proceedings.

It’s essential to fully understand and comply with all conditions of bail to avoid additional legal consequences. Failure to adhere to these conditions can result in the revocation of bail, additional charges, and possibly being held in custody until the trial. If there are any questions or concerns about the bail conditions, it’s important to discuss them with your attorney. If you need help understanding bail bond conditions in Austin, TX, the team at ATX Bail Bonds can help. Give us a call at 512.834.2245 to learn how.

Are Sex Crimes Federal Crimes?

A pair of handcuffs and a stack of bills are on a wooden table.

Discover More About the Penalties of Sex Crimes

Crime is a crime, in every state, but the type of crimes and the punishments that are handed down by a judge can vary, from state to state. But in all states, certain crimes are handed down tougher punishments and higher bail, for sex crimes as one example. 

In Texas, how serious is a sex crime? 

For most sex offenses, the Texas courts will try a misdemeanor sex offense at the state level. These crimes include indecent exposure or offering a sexual favor for money.  

The more serious sex crimes that are tried in federal court include an adult having sex with a person under the age of sixteen or if the defendant crosses the state line to commit a sex crime. In Texas, if the defendant has exchanged communication with the victim located in another state, this will be charged as a federal crime. Other sex crimes in Texas include: 

  • Sexual Assault
  • Prostitution & Solicitation 
  • Indecent Exposure & Public Lewdness 
  • Revenge Porn 
  • Child Pornography

Is bail more for a sex crime compared to other crimes in Texas? 

In Texas, bail for sex crimes can be handed down by the judge, depending on several factors. Those factors include the seriousness of the crime, the defendant’s criminal record, and if the judge sees the defendant as a threat to others and public safety. 

Most bail bond fees are 10% of the total bail amount, however, a bail bond agent has the right to charge up to 15% for bail for sex crimes. For instance, a person who is arrested for disturbing the peace may have a bail set for $20,000.00. A bail bond agent will typically require a payment of $2,000 to post bail. For sex crimes, a defendant may have a higher bail amount, and the bail bond agent may require 15% to post the bail. 

How long do sex offenders go to jail in Texas?

Once a person has been arrested for a sex crime, they will be presented before the arraigning judge who will determine if they will be allowed to post bail for sex crimes, and the bail amount by the arraigning judge. 

Next, the defendant will be given a court date. Their case will be presented before a judge and jury, and if they are found guilty of sex crimes will face the possible sentencing:

  • Felony Sex Crimes: 

The following are mandatory sentencing in the state if Texas if found guilty:

  • 1st Degree: Prison time for a minimum of 5 years to a maximum of 99 years in addition to a maximum fine of $10,000
  • 2nd Degree: Prison time for a minimum of 2 years to a maximum of 20 years in prison and a maximum fine of up to $10,000
  • 3rd Degree: Prison time for a minimum of 2 years to a maximum of 10 years in addition to a maximum fine of $10,000
  • Misdemeanor Sex Crimes

The following are mandatory sentencing in the state of Texas if found guilty: 

  • Class C: A maximum fine of $500
  • Class B:  Jail time for a maximum of 180 days and/or a maximum fine of $2,000
  • Class A:  Jail time for a maximum of 12 months and a maximum fine of $4,000

What is the sentence for a first-time sex offense?

A first-time offender will still be arrested, they will still face the same posting bail for sex crimes as repeat offenders after being presented before the arraigning judge who will set bail for sex crimes. The difference starts with the sentencing. In Texas, a sexual assault sex crime is charged as a second-degree felony.  IF found guilty, a first-time sex offender could be sentenced to state prison for a minimum of 2 years and a maximum of 20 years with a maximum fine of $10,000.

A first-time sex offender typically won’t be sentenced to the full 20 years of prison time if they have no previous criminal history. However, anyone who is charged with a sex crime and has a criminal history will most likely be sentenced to the full 20 years. In some cases, a judge can use their own discretion to increase the

If you can’t post bail for sex crimes, how long will you remain in jail?

As in most states, when a person is arrested for sex crimes and allowed to post bail for sex crimes but can’t, will remain in jail. There are occasions with the representation of a lawyer that a person unable to post bail for sex crimes is allowed out by the judge. 

In Closing

It has been said time and again, “Crime doesn’t pay.”, and when it comes to sex crimes, that couldn’t be more accurate. From the arrest and arraignment, the cost of any crime starts, especially posting a bail bond for sex crimes or any type of crime, and carries on with hiring an attorney, possible loss of employment, and more. If you need assistance with bail for sex crimes in Austin, TX, please give our professional team a call at 512.834.2245.

How long does someone stay in jail for domestic violence?

A Domestic Violence Bail Bond Hearing

In Texas, as anywhere else in this country, domestic violence has become a focus. Not only in preventing it but punishment too, starting with high domestic violence bail being set by judges. However, every state has varying descriptions of what is considered domestic violence.  

How does Texas define domestic violence?

First, we need to define the three categories of domestic violence under Texas laws. Those categories are: 

  • Family: This category includes members of the family, whether they are biological, non-biological, family by either adoption or blood-related.  
  • Relationships: Examples in this category include fiancés, ex-boy, or girlfriend, no matter how long ago you were dating but it must be more than a single date. 
  • Household: This category includes people who live with you currently or in the past. It also includes extended family members, or roommates that have lived in the same residence. 

In the case of an arrest and the possibility of being allowed to post domestic violence bail, there are more details listed in each of these categories. In Texas, domestic violence is defined as when a person causes bodily injury to a family member deliberately, knowingly, or rashly. In Texas, domestic violence charges are stated as “assault on a family member”, but the two terms are often used. 

How much is domestic violence bail in Texas?

The amount of domestic violence bail bond in Texas will be determined by the judge based on the circumstances of the arrest. All Texas courts have a bond “schedule” that judges use as a guideline, however, they are allowed to adjust the amount of domestic violence bail if they deem necessary. For misdemeanors, typical amounts for bail average between $1,000 to $3,500. For a felony arrest, the bail amount can range from $5,000 to $50,000 and upward. 

Is domestic violence a misdemeanor or felony in Texas and what is the possible length of incarceration time? 

There are different levels of domestic violence, and the classifications are as follows: 

  • Domestic Violence Assault: This charge is for when a person comes in contact with a member of the family or household deliberately, knowingly, or rashly that causes bodily injury, or the victim finds the action to be provocative or offensive.

A first-time offense is a Class A misdemeanor. If the arrested person has been convicted previously for domestic violence assault, the current arrest becomes a 3rd-degree felony. The punishment can include between 2 years and 10 years of prison time with a maximum fine of $10,000.

  • Aggravated Domestic Assault:  This charge is for a person who has taken an action against another person deliberately or knowingly that results in serious bodily injury. This can also include the person arrested who had used a weapon during the confrontation.  

This is classified as a 1st-degree felony or an Aggravated Domestic Assault by Threat. This crime can be sentenced between 5 and 99 years, or a life term in prison with a maximum fine of $10,000.

  • Domestic Assault Impeding Breath:  Also referred to as ‘Assault Bodily Injury – Family Member Impeding Breath’, is when a person contacts another person deliberately or knowingly and impedes their breathing. 

This is charged as a 3rd-degree felony and is punished with 2 to 10 years in prison with a maximum fine of $10,000. 

  • Continuous Violence: Any person who is charged with the crime of committing two domestic assaults within 12 months is considered continuous violence. The prosecutor must prove evidence for only one of the alleged domestic violence assaults but they can provide evidence of both. This crime is charged as a 3rd-degree felony with a punishment maximum of 10 years prison time and a maximum fine of $10,000.

What are the conditions of a domestic violence bail bond in Texas?

When the judge grants domestic violence bail, the conditions of the bond can vary based on the criminal charges. Most domestic violence bail bond conditions are the same and can include any or all of the following: 

  1. The defendant cannot leave the state of Texas until their trial.
  2. The defendant is not to consume any alcohol or use any drugs, including prescribed narcotics. 
  3. The defendant will be required to submit to alcohol and drug testing.
  4. The defendant must maintain suitable employment.
  5. The defendant will be required to meet with a probation officer regularly.
  6. The defendant must notify their probation office of any address or employment changes. 

Other possible conditions a judge may require with a domestic violence bail may include: 

1. The defendant is not allowed to possess a firearm.

2. The defendant is required to maintain a specific distance from the victim.

3. The defendant is not allowed to contact the victim.

4. The defendant may be given a curfew. 

5. The defendant may be required to attend alcohol, drug, and/or violence counseling.

In Closing 

A person who has been arrested and allowed domestic violence bail will have many more expenses in the future, the bail bond is just the start. There will be court-ordered fees and fines along with the cost of a defense attorney and possible loss of employment. 

What is the Lowest Charge for Theft?

criminal breaking into a car

What can you expect when you’re charged with theft?

Texas isn’t just a vacation destination. Every day, folks from other states are moving here and settling into the Lone Star State as a forever home. While this is good for the economy in many ways, it also brings more crime, which is why the amount for posting bail for theft charges has increased in recent years, as well as the punishments. 

Lawmakers have listened to law enforcement and citizens and realized that there has to be something done to cut back on the amount of crime. And those prone to commit crimes like theft, newcomers, or lifelong Texans, are hopefully deterred by the amount of bail for theft charges. In Austin, TX, there are many things you will have to take into account if you find yourself facing theft charges. Fortunately, our team can be there to help guide you through the process.

How much is bail for theft in Texas?

Theft charges can vary between counties from a misdemeanor charge to a felony charge. It depends on the monetary value of the item(s) stolen, and the criminal record of the accused. The amount of bail for theft charges will be based on how the charges are filed. Some examples are: 

  • Class B Misdemeanor: For theft of property valued between $50 and $500, the bail bond can be up to a maximum of $2,000. To post bail for theft charges for the release of the accused, 10% of that must be paid in cash to a bail bond agent.
  • Class A Misdemeanor: For theft of property valued between $500 and $1,500, the bail bond can be set for a maximum of $4,000. Again, 10% of that amount must be paid in cash to a bail bond agent for the accused to be released.
  • State Felony:  For theft of property valued between $1,500 and $20,000, the maximum bail for release of the accused is $10,000. The 10% payment in cash to a bail bond agent still holds. 
  • Third-Degree Felony: For theft valued between $20,000 and $100,000, it becomes a 3rd-degree felony with a maximum possible bail set at $10,000. The same cash payment to a bail bond agent is required. 
  • Second Degree Felony: For theft valued between $100,000 and $200,000, the cash bail is typically up to $10,000 paid to a bail bond agent. Depending on the circumstances surrounding the arrest, it could be higher if the judge deems it necessary. 
  • First Degree Felony: For theft valued at $200,000 or more, the minimum bail for theft charges is $10,000 and the cash paid to a bail bond agent holds in place at 10%, some bail bond agents may require a 20% payment in cash. If the arrest for theft was part of a heinous crime, setting bail may be declined.

What is the punishment for theft charges in Texas?

Once the bail for theft charges has been paid and the accused is released from custody, they will need to report to the bail bond agent, typically once a week. The bail bond agent has the right to request more frequent reporting. 

This will continue until the accused has their court date, at which time, the defendant is found guilty or innocent by a set of piers (the jury) after the state has presented their evidence and the defense attorney has stated their client’s claim. The possible punishments a judge may hand down include: 

  • Class B Misdemeanor Theft up to $500 value: Maximum 180 days in jail
  • Class A Misdemeanor Theft of value between $500 and $1500: Maximum 1 year in jail
  • State Jail Felony Theft between $1500 and $20,000: Between a minimum of 180 days jail time to 2 years jail time.
  • Third-Degree Felony Theft between $20,000 and $100,000: Between two and 10 years of prison time in addition to a maximum fine of $10,000.
  • Second-degree Felony Theft between $100,000 and $200,000: Between two and twenty years of prison time. 
  • First-degree Felony Theft over $200,000: Punishment can range between a minimum of 5 years to life in prison. The more heinous the crime involved, the longer the punishment sentence.

What are the four types of theft?

The general theft laws in Texas cover a wide range of thefts. The four basic types are: 

  • Embezzlement
  • Extortion
  • Swindling
  • Receipt of stolen property

The State of Texas has additional types of theft that will require a judge to set bail for theft charges for the accused to be released. Those additional types include:

  • Organized retail theft
  • Trade secret theft
  • Cargo theft
  • Theft by check

How much do you have to steal for it to be a felony in Texas?

The theft charges become a state felony when they fall into one of the following categories: 

  • The value of stolen property or services is between $2,500 and $30,000
  • The value of the stolen property is under $2,500, and it is a 3-time or more offense for the defendant
  • The stolen property is from another person, off of a human corpse, or from a grave
  • The stolen property is a certain livestock, certain metals, firearms or an election ballot

State jail felony theft can be punished by a maximum fine of $10,000,  prison time minimum of 180 days up to a maximum of two years, or both a fine and prison time. 

In Closing 

Some states have stricter laws than Texas, while some are more lenient. For example, does Texas send first-time shoplifters to jail? After the initial arrest, yes – you’ll be taken to jail, booked, and held to wait for the judge to deny or set bail for theft charges. If convicted of the charge, the defendant is ordered to pay a set fine but jail time is not set. However, if the judge declares the circumstances surrounding the crime, they may sentence a certain amount of jail time. If you are waiting for bail for theft charges in Austin, TX or the surrounding area, the team at ATX Bail Bonds is ready to help you through the process. Call us at 512.834.2245 and we can help with any questions you may have.