What if I Can’t Afford to Make Bail?

The primary function of bail is to assure that a person accused of a crime returns for his or her court hearings. However, the judge will also take into consideration the nature of the offense and the future safety of the victim and community when setting bail. As a result, an accused individual is sometimes given an extremely high bail amount.

If bail is too high for an arrested individual to make, then his or her lawyer must seek a reduction from the Judge at the first possible opportunity. In some cases, a request for a bail reduction can be done at the arraignment or in a special hearing. If the Judge will not agree to a reduction, then the lawyer should be prepared to file a Writ of Habeas Corpus, which states the reasons why the client is being held in violation of the U.S. and Texas constitutions.

You also have the option of hiring a professional bail bondsman who will post bail on your behalf. A bail bondsman will usually charge a nonrefundable fee of approximately 10% of the bail amount, and some may allow the balance to be paid in installments. You may be able to provide collateral such as property or items in order to make the 10% fee.

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