Austin Jail Release FAQs: Getting Out of Jail in Travis Co. | ATX Legal
Understanding the Jail Release Process
The jail release process in Travis County can be complex and overwhelming, especially for those who are unfamiliar with the system. When an individual is arrested and taken into custody, they will be booked into the Travis County Jail and held until they can be released on bail or bond, including bail bonds. The type and amount of bail or bond will depend on the severity of the charges, the individual’s criminal history, and other factors. If an individual fails to appear in court, the judge may issue an arrest warrant, which can complicate the jail release process.
In Travis County, there are several options for jail release, including personal bonds, cash bonds, and surety bonds. A personal bond, also known as a personal recognizance bond, allows the individual to be released from jail without paying any money upfront. Instead, they promise to appear in court for all scheduled hearings and trials. A cash bond requires the individual or a family member to pay the full amount of the bond in cash. A surety bond, on the other hand, involves a bail bondsman who pays the bond on behalf of the individual.
It’s essential to understand that the jail release process can take time, and it’s crucial to have an experienced Austin jail release attorney who can guide you through the process and advocate on your behalf. An attorney can help expedite the release process, negotiate with the judge for a lower bond amount, and ensure that your rights are protected.
A Personal Recognizance Bond was denied. Now what?
If a PR bond is denied but the judge sets bond, you have several options. You can pay the full bond with a “cash bond”. Alternatively, if lawyers cannot secure a personal bond due to a judge’s decision, they will advocate for a cash deposit bond instead, highlighting that this option allows family members to put down money with the court to secure the release of the arrested individual while also ensuring the return of the money after the court case concludes. Usually bond is set at $5,000 for misdemeanors, but can be much higher. Also, bonds for multiple charges “stack”, so 3 charges at $5,000 would be a total bond amount of $15,000. When you post a cash bond, you will get the full amount back (minus a service fee) after the case is concluded.
Of course, many people don’t have a spare $5,000 lying around, so another option is to go through a bondsman. In this scenario, you would pay a bondsman a percentage (usually about 10%) of the bond and they post it for you. In this case, you would not receive that amount back at the end of the case. For larger bonds, most bondmen require a cosigner. If you don’t have the fee for a bondsman, some are willing to negotiate, so it can be a good idea to call multiple bondsmen before deciding.
Types of Bonds in Travis County
In Travis County, there are three primary types of bonds: personal bonds, cash bonds, and surety bonds.
A personal bond, or personal recognizance bond, allows the individual to be released without paying any money upfront. They simply promise to appear in court for all scheduled hearings. This type of bond is often granted to individuals with minimal criminal history and low flight risk.
A cash bond requires the full amount of the bond to be paid in cash by the individual or a family member. This amount is held by the court until the case is concluded, at which point it is returned, minus any applicable fees.
A surety bond (aka bail bond) involves a bail bondsman who posts the bond on behalf of the individual. The individual typically pays the bondsman a percentage of the total bond amount, which is non-refundable. This option is often used when the bond amount is too high for the individual to pay in cash.
Understanding these different types of bonds, including bail bonds, can help you make an informed decision about the best option for your situation. An experienced Austin jail release lawyer can provide valuable guidance and support throughout the process.
How can I get their stuff from the bail bondsman?
Often the person arrested has important items that they need such as their phone and wallet. These are taken and stored when they are arrested. They can release these items to an attorney or family member with a release form. The jail releases all the items together. You can’t retrieve one item and leave the rest in storage.
Who is calling me?
Be sure to answer a call from 512-854-XXXX. This is probably Pretrial Services calling you as a reference. If you miss the call, you can get their information o.
They will ask questions about the person in custody such as will they make it to court, are they reliable, do they have a place to stay. Answer honestly, but as favorable as possible to help get your loved one released. Many people wonder whether they should speak with Pretrial Services, or what they should say. Typically, it only helps, but there are situations where it can be tricky. It can often be good to speak with an attorney before making a statement to Pretrial Services. Remember: anything you say to them will be directly reported to the judge.
Will I get a Court Appointed lawyer?
Eventually, yes you will get a court-appointed lawyer. A hired attorney will be able to get you released more quickly in many circumstances. As I discuss in my previous blog post, you do NOT get an attorney at that first appearance.
Travis County Booking Process After Arrest
After being arrested, a person is taken to Travis County Central Booking for the booking process. Depending on the circumstances, the individual may be taken to the Travis County Correctional Complex or the Travis County Correctional Facility.
The arresting officer will file a police report or probable cause affidavit with the Court.
A magistrate judge will review the document, the charges, and the inmate’s criminal history.
A bail bond is an amount of money that a person may pay to be released from jail.
Inmate Reporting System
The Travis County Sheriff Inmate Population Reporting System helps family members and friends locate their loved ones in the Travis County Jail
Once you know where your loved one is located, you can start learning about jail release in Austin
We can speed up the release process if your loved one is in custody
Check the Travis County Sheriff Inmate Population Reporting System to verify if your loved one is in the Travis County Jail
Working with an Austin Jail Release Attorney
Benefits of Hiring an Attorney for Jail Release
An attorney can approach a judge and argue for a personal bond to be set on your behalf, allowing your loved one to leave the jail based on their promise to appear at future court settings
An attorney can also argue for a cash deposit bond, where you or a family member will put money up to the court to guarantee your loved one’s future appearances in court
An attorney can provide legal representation and help with jail release in Travis County, Texas
An attorney can help you avoid the high costs of a bail bondsman and bail bonds
How Does an Attorney Help in Jail Release?
An attorney plays a pivotal role in expediting the jail release process. By interviewing the client and gathering essential details, the attorney can complete necessary background checks and paperwork efficiently. One of the significant advantages of hiring an attorney is their ability to secure a personal bond, potentially saving thousands of dollars. If the attorney is retained for the underlying criminal charge, the fees for jail release can often be applied towards the overall defense costs. Additionally, an attorney can advocate before a judge to set a personal bond, allowing the accused to be released based on their promise to appear at future court dates. This professional guidance can make a substantial difference in navigating the complexities of the jail release process.
Types of Bonds in Travis County
Personal Bond
A personal bond allows your family member to get out of jail for free ($20 or $40 fee may be paid later).
A personal bond is a cheaper option and keeps the issue in the family
A good attorney can argue for a personal bond and reduce the processing time
Cash Bond and Surety Bond
A cash bond means that the the inmate or someone on his behalf must pay the entire bond amount to Travis County in cash
A surety bond is the type of bond used by bail bondsmen, which requires payment upfront
A bail bondsman usually charges a fee of approximately 10 percent of the total bond
Bail Bond Information
What is a Bail Bond?
A bail bond is a written agreement entered into by the defendant and their sureties, ensuring the defendant’s appearance before a court or magistrate to answer a criminal accusation. Essentially, it acts as a security measure, guaranteeing that the accused will show up for their court dates. In Travis County, a bail bond can be executed by an attorney who is legally permitted to act as a surety for individuals they represent in criminal cases. This can be a crucial step in the jail release process, providing a pathway for the accused to await trial outside of jail.
Jail Release Strategies
How to Get Out of Jail Quickly
Hiring an attorney immediately can help speed up the jail release process
An attorney can interview the client to learn mitigating details, start working up the bond paperwork, and complete the necessary background checks
An attorney can help your loved one’s case in obtaining a personal (aka PR) bond, which could make the difference of thousands of dollars
Available by Phone 24-Hours for Jail Release
Contact an Austin jail release attorney if you have a loved one in the Travis County jail or have been arrested or charged with an offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas
Our Austin jail release attorneys will work to get your loved one out of jail and then aggressively fight to defend the charges against them in court
Avoiding Common Mistakes
Risks of Using a Bail Bondsman
A bail bondsman must post a surety bond with the court to obtain a jail release in Travis County, Texas
Austin bail bondsmen charge a fee for each charge that is posted and base their fee on the amount of the bond
A bail bondsman can’t help someone who is incarcerated with a personal bond or a cash bond
Conclusion
Get Help from a Qualified Attorney
If your loved one is in Travis County Jail, hiring an attorney right away is often the fastest way to get them out
An attorney has special skills and abilities to secure the quickest possible release
You may be in a panic trying to determine the quickest way to free your loved one
Hiring an attorney can give you an estimate on the anticipated attorney fee for the jail release and take payment information over the phonen their website