Getting Arrested
If a person is taken to jail, getting him/her out may take some time, even for a minor charge. Be patient. If the arrest just happened, the process to get him/her out can start when he/she is booked in the jail and assigned a jail number. During booking, the person is fingerprinted, photographed, and asked basic questions to establish who they are. Once the jail number is assigned, a standard bond will be set unless he is non-bondable. There are many components of the legal battle that begin immediately upon arrest. Time is of the essence. The sooner you are able to retain a criminal defense lawyer, the sooner they can begin researching and preparing to fight for you.
Bond Eligibility & Process
If eligible for a bond, you can immediately pay the listed bond amount directly to the jail or contact a bail bondsman. A bail bondsman will post a bond on your behalf and will usually charge a 10%. You may have provided collateral for the full bond, with the collateral sometimes being cash if the defendant resides outside the jurisdiction.
Alternatively, the defendant could go in front of a judge. Every arrestee is entitled to a probable cause hearing within 24/48 hours of arrest. At this hearing, the judge will review the arrest affidavit. The bond can possibly be lowered at this hearing or the defendant can be allowed out without a monetary deposit (pretrial release or ROR). The defendant is entitled to counsel at this hearing and a prosecutor will be present. It is in your best interest to have an experienced criminal defense lawyer by your side to help you negotiate during the probable cause hearing.
Bond Denial Reasons
A person may not get bond right away if:
- The charge is considered so serious that it does not qualify for a bond.
- The defendant was on felony probation at the time of arrest.
- The person has an immigration hold.
- There is an out-of-state/county fugitive warrant.
If the defendant is not granted bond initially, a bond hearing will be set to determine if there will be a bond, and what the bond might be. A court may deny bond if it finds the defendant may harm himself or others, the defendant may be a flight risk, or bond funding may have come from criminal activity.
Free Consultation with Local, Experienced Criminal Defense Attorney
The sooner you speak with an attorney, the better your chances of beating your case. Houston Criminal Defense Attorney Jonathan Miller.