If your loved one is stuck in jail on a high bond, what should you do first? The Texas Two-Step.
Step One: Hire us to file a Writ of Habeas Corpus-Motion to Reduce Bond.
If you are accused of a felony offense, then it is critical that you hire our defense team before doing anything else. Once a felony arrest is made, a magistrate is supposed to set bond within 72 hours. The information provided to the magistrate is almost always one-sided (the police’s story) and that judge often sets bond at an amount that you cannot afford.
Step Two: Not waste the money you will need to pay our defense team.
Typically, most bail bond companies will allow you to pay 10 percent of the amount of the bond up front in order for you to make bond and get out of jail and another 10 percent before trial. For example, if bond is set at $50,000, then you would have to pay the bail bondsman $5,000 up front and another $5,000 out before your case is resolved (a total of $10,000 that you will never get back and you still have to figure out a way to pay your attorney fees).
However, if you hire us in the above example and our attorney fees are $5,000 (and based on the criteria below and your particular circumstance) and we get a district judge to review the magistrate’s determination of what bond is set at and the district judge reduces the bond down to $10,000 then you would only be out of pocket $1,000 up front for the bail bondsman plus you have already retained us with the $5,000 retainer (a total of $6,000 between paying the bail bondsman as well as paying our attorney fees to defend you).
In a very recent case involving an allegation of Aggravated Sexual Assault of a Child, bail was set at Two Hundred Fifty Thousand Dollars ($250,000.00). At the first hearing held after the Defendant hired us and we filed a Writ of Habeas Corpus, bail was reduced to Five Hundred Dollars ($500) and the citizen accused got out of jail that same morning.
Rules for Fixing Amount of Bail in Texas.
Of the Writs we have filed in the past, we have successfully argued on most occasions that the bail that was currently set was excessive and unconstitutional based on the following reasons:
- The bond is far above of what would be sufficiently high to give reasonable assurance that the undertaking would be complied with;
- The power to require bail is currently set so high as to make it an instrument of oppression;
- Considering the nature of the offense and the circumstances under which it was allegedly committed, and considering the same amount is excessive;
- Considering the Defendant’s ability to make bond, and the proof taking upon the same;
- Considering the future safety of the alleged victim of the alleged offense and that of the community.