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How Bail Bonds Work in the State of Texas

Bail bond laws are of two types: federal laws that apply to individuals arrested for federal crimes or those occurring between state lines and state laws for crimes committed in the jurisdiction of a state.  Every state has its own laws that sanction and govern the issue of bail bonds. In the state of Texas the County Bail Bond Boards (CBBB) regulates bail bonds in counties with a population of 110,000 or more. In case of smaller counties this is optional.  The CBBB has the authority to oversee every legal and administrative aspect with regard to bail bonds in the state. In case of counties without a County Bail Board the sheriff’s department and the judges of the county regulate the same.

In the state of Texas bail bondsmen must be licensed and to acquire a license the individual must be an American of more than 18 years with adequate financial resources to comply with Section 1704.160. He or she should not have been committed for felony and should have completed a stipulated number of hours in bail bond courses.

Some of the chief features of the regulations that govern bail bonds in Texas include the following:

  • In the matter of forfeiture after the entry of judgment the defendant will be given an opportunity to state why forfeiture should not be made final. (CCP Art. 22.03) Also the defendant may provide in writing an explanation for his absence from the trial. (CCP Art. 22.11)
  •  Forfeiture may be cleared under various circumstances such as serious illness of the defendant or death, invalidity of the bond and the inability to provide information against the defendant in the first term of the court after he or she has been granted bail.
  • For remission of the bond, costs to the court and the county will be deducted. (CCP Art. 22.16)
  • In the state of Texas only bail bondsmen, state peace officers and licensed private investigators and commissioned guard can arrest a defendant on a bond forfeiture warrant.
  • A bail bondsman can attain a warrant from the court before arresting a defendant (Tex. Code Crim. P.17.19) and in case of an arrest with force a judicial warrant can be obtained (Tex. Code Crim Proc Art 17.19).
  • Before transporting a defendant across state lines the Uniform Criminal Extradition Act requires the bond agent to present the defendant before the magistrate.

When in requirement of a bail bond it is recommended that one contact a licensed bail bondsman. As then you don’t have to come up with the required money or papers to property for the bail. Also a bail bondsman has a clear understanding of the bail laws in the state and will be able to guide you accordingly. In cases where the defendant has failed to appear for trial the court gives the individual a chance to explain before passing a judgment of forfeiture. Finally in Texas only bail bondsmen, authorized private investigators, security guards and peace officers are allowed to arrest a defendant.

 

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Last modified: 01.10.2014