If you have been charged with a crime, understanding how the criminal justice process works is critical. Generally, after an arrest, you will appear before a judge during a process known as arraignment. During this hearing, the judge will review the charges against you and set bail. If you are unfamiliar with what bail is and when a defendant can get it, please continue reading. The following blog explores what you must know about these matters and why working with a skilled Dallas County Criminal Lawyer is in your best interest when facing criminal charges in Texas. 

What is Bail?

Bail is a sum of money that a defendant can post to be released from custody until their trial. This allows a defendant to resume their normal life until their case is resolved. Essentially, this payment to the court may be offered to secure the conditional release of a defendant with the promise to appear in court when required. Bail acts as collateral, meaning if you fail to appear for your scheduled court date, you will forfeit the right to have the money you pledged returned to you. If you attend all scheduled court hearings, you will receive the funds back, regardless of the outcome of your case. A judge determines the amount of bail a defendant must pay based on several factors, including:

  • The severity of the crime
  • The defendant’s criminal history
  • The likelihood that the defendant will flee before their trial
  • Whether the defendant poses a danger to the public
  • The defendant’s ties to the community

It’s important to note that some misdemeanors and non-violent felonies have pre-determined bail amounts. However, the judge assigned to your case has the discretion to alter them if necessary. In some instances, the judge may even decide to deny bail altogether, especially in cases where the defendant is deemed a flight risk or poses a danger to others. If you have committed a capital offense, you are a repeat felon, you have committed violent offenses, you have broken an emergency protection order, or believed to be witness tampering, you may be denied the right to post bail.

What Happens if I Fail to Appear in Court After Posting Bail in Texas?

As mentioned above, bail serves as collateral. If you fail to appear in court after posting bail in Texas, the court will generally issue e bench warrant, authorizing your arrest. Law enforcement will actively look for you to bring you into custody for breaching the terms of your release. In addition, you will lose the right to have your money returned to you. The judge can also impose additional criminal charges and sanctions for failing to appear. Finally, failing to appear can significantly impact future court proceedings, potentially making it harder to secure bail in the future.

If you have a legitimate reason for not being able to appear in court, it’s in your best interest to inform your criminal defense attorney so they can resolve the issue with the court. At Spangler Law, we are prepared to protect your rights and interests. Connect with our firm today to learn how we can fight for you.