If you’ve been arrested in Travis County, you should know that the rules dictating how bail and bond work operated a little bit differently here. As in most places, the process begins when the arresting officer files an affidavit with a magistrate judge outlining their reasoning behind the arrest. Known as “magistration,” this can take anywhere from a few hours to 24 hours or longer, but once a judge has reviewed the affidavit you can expect a bond hearing.
At this hearing, the decision will be made to release you on bail, which is a cash amount paid by you as the defendant, or bail, which is paid by your attorney or a bail bond company. Either way, as soon as the court receives the required amount, you will be free to go while you await trial.
There is another option, however. A Personal Recognizance bond, or PR bond, allows you to secure your release from jail without a cash bail or bond. All you need to provide to the court, in order to await trial in your own home, is a signed promise that you will appear in court when called.
Much in the way that a cash bail or bond will give you the freedom to await trial outside of jail, a personal recognizance bond keeps you from a needless prison stay. And apart from a marginal administrative fee, it represents a far more affordable option than paying a cash bail to the court. To receive this bond, a judge must determine that you are not a flight risk and that you can be trusted to return to court when summoned. This trust is earned through a sworn statement to the court that you will comply with all conditions of your release and return for trial.
It will also be earned during the bond hearing itself when a judge will check your references and examine the evidence as to your character and flight risk. If you have a clear criminal record, steady work and a good reputation within the community, you’ll have a far greater chance of obtaining a PR bond.
The catch is this: In Travis County, unlike most places, you cannot obtain a PR bond for yourself. That request must be filed by either a licensed attorney or by Travis County Pretrial Services. Generally, pretrial services will take between 24 and 36 hours to see the process through and can ultimately refuse to issue a bond. Alternatively, a private criminal defense attorney can handle the whole process in a matter of hours and will always have your best interests in mind.
Besides expediting the process of obtaining a PR bond, an attorney has no reason to deny your bond, unlike pretrial services. They also have experience persuading a judge to issue a bond, filing motions, and presenting evidence that paints you in the best light.
There are, of course, attorney fees, which can vary based on the severity of the charges against you and the amount of time it will take to get a bond approved. But they may still wind up costing less than a cash bond would. If you meet certain conditions, a PR bond can have you out the door with just $40 and 3% of your bond amount left to pay. You’ll have seven days to pay it upon release, but it will be a far smaller hardship than a cash bond.
There are several factors that will be weighed to determine whether you qualify for a PR bond. Ideally, the charges against you will be minor and will be the only dark spot on an otherwise clean criminal history. The judge will also weigh factors such as your potential threat to the community or for skipping your trial date. Your employment history will also play a factor.
Beyond the bond hearing, there may be several conditions applied to your release. If you were arrested for an act of physical violence such as assault, you could be required to keep a set distance from the other party. If you were arrested for DUI or DWI, you may be required to install an ignition interlock device in your vehicle. There may be random drug testing, urinalysis, and surprise visits from government officials. You may be asked to surrender firearms or abstain from all alcohol and drugs. It all depends on the severity and nature of your charges.
In general, though, you can expect a few baseline requirements. More than likely you will be asked to:
If you have been arrested and pretrial services deny a personal bond, it is still possible to obtain one with the right attorney. Travis County Pretrial Services is not perfect, and sometimes they make mistakes. Sometimes they deny a bond based on inaccurate information, or without knowing all the facts. It is our attorneys’ job to get all those facts and convince the judge that you deserve release.
If you or a loved one have been arrested, don’t take no for an answer in seeking out a PR bond. The Law Office of Ken Gibson has attorneys standing by, willing to head to the jail at all hours to secure a release. Please submit your contact information below to start the process for a PR bond. Our attorneys are on call 24 hours a day.
Call (512) 829-3081 24-Hours a Day. Our Office is One Block from Jail.
(512) 829-3081
The Law Office of Ken Gibson
812 San Antonio St #100
Austin, TX 78701