The decision as to whether you can post bail in Texas is up the judge; however, there are some charges that do not permit bail. These charges include serious and violent crimes, and the refusal of bail comes from additional factors that the judge will take into account. In the case that you or your loved one are not allowed to post bail you may not have an alternative solution to get out of jail until the hearing date. Here are the charges that cannot have bail posted for them, other fairly serious charges that permit bail, and how our bail bonds services can provide you with guidance to help you understand your situation.
Violent Crimes
Major criminal acts such as violent acts and drug-related crimes are often called felonies. If you or your loved one has been accused of a violent crime such as kidnapping or murder, or if you have been accused of holding large quantities of drugs, you will be charged with a felony. For these charges, it is very unlikely that you will be able to get bail. However, under the judge’s discretion, they may offer bail. They will need to contemplate a variety of factors:
- The nature of the charges
- Circumstances of the charges
- The level of risk the defendant poses to others
- Defendant’s criminal history
- Defendant’s character
If you have been denied bail, you will need to consult with your attorney and try to make your trail date sooner. Another option may be to appeal the denial of bail. The prosecution must have a clear case against you if they expect to convince the judge to deny bail.
Felonies
Felonies are any major criminal acts such as murder, rape, arson, kidnapping, and drug possession. The penalties for these crimes are very high. For example, if you have been found guilty of first-degree murder, you may be incarcerated for anywhere between five years to a lifetime in prison. In some cases, the punishment is life, without any opportunities to post bail.
Felonies are classified into four levels:
- Capital: A crime so serious that death is considered an appropriate punishment
- First-degree: Intentional criminal act with aggravating circumstances
- Second-degree: Intentional criminal act as a result of depraved indifference
- Third-degree: Voluntary or involuntary criminal act without prior intention to kill; criminal act resulting of recklessness or extremely careless behavior
Misdemeanors
Misdemeanors include all criminal offenses that result in a consequence of a minimum of one year in prison, with or without a fine. They are classified in three categories: A, B, and C.
No Bail
There are certain charges that are very likely to get denied bail. These charges ae considered capital felonies in some states: aggravated murder, rape, arson, and kidnapping. If you or your friend has been charged with any of these crimes, the judge weighs all the other factors and will find an appropriate punishment. One of these punishments may include denial of bail, and you will need to wait out your pretrial time in jail.
95% of Criminal Cases Get Bail
If you are concerned about whether you will be able to post bail, you should keep in mind that many criminal cases do allow bail. For most people, the worst situation is that their bail amount is very high, requiring you to need the services of a bail bondsman. However, in most cases, people are offered bail and can spend their time out of jail until their hearing.
Aside from violent offenses and major felonies, there are no other factors that strongly influence a judge to deny bail. According to the Bail Reform Act of 1984, bail can only be denied based on the potential danger the offender presents to the public.
Even a high bail is a cause of complaint for some defendants, especially if they are unable to afford it or do not have collateral to cover the cost. The judge will exercise this right to set a prohibitively high bail if they believe the defendant is a high flight risk, if they have a history of not showing up to court, or if they have committed crimes in the past.
PCS Bail Bonds Can Help You
If you are unsure about your situation, it is best to find out your rights and consult with a bail bonds agent. They can also help you if you need bail bond services, even if your crime is fairly serious. At PCS Bail Bonds, we provide 24-hour bail bonds for all kinds of charges including theft, drug possession, embezzlement, assault, and more. Our experienced agents can help you obtain a bond in a fraction of the time it would take with other agencies.
We have professional memberships in several renowned associations including the Professional Bail Bondsmen of Texas, Tarrant County Bar Association, and Professional Bondsmen of Tarrant County. We serve clients in Fort Worth, Texas, and other municipalities in Tarrant County. We process our clients’ requests quickly and efficiently. Our bond agents are always on call and we can be down to the jail in under 30 minutes.
Contact us now by phone at 817-335-1655, at our e-mail, visit in-person, or fill out our bail bond request form. You can be confident that you’re working with expert bail bondsmen who are dedicated to helping you.