You don’t always need to pay the full bail amount if you’re charged with a crime.
In criminal cases, a judge might release a defendant from custody without requiring an upfront payment under what’s known as a personal bond. But if the defendant violates conditions of the personal bond arrangement, such as failing to show up for scheduled court dates, the full bail amount is typically due.
Quick Overview of Personal Bonds
When you’re charged with a crime, you typically must come back to court for hearings. Of course, no one would really want to spend time in jail awaiting a court date. So, you might need to post bail in order to avoid staying behind bars. In this situation, bail must be paid upfront before a defendant can be released from jail.
A judge sets the dollar amount of bail, which can be paid in several ways. Meanwhile, a bondsman underwrites a bail bond and charges a fee for providing it. The nonrefundable fee might be 10% of the total bail amount, for instance.
In some cases, a defendant is released on what’s known as a personal recognizance bond. Factors such as the severity of the alleged crime, the type of crime, and the risk of fleeing are weighed to determine whether a defendant qualifies for a personal bond.
If a judge approves a personal bond, a defendant won’t be required to pay the full bail amount in order to be released from custody. However, the defendant must agree to show up for court hearings. Otherwise, the defendant likely may be forced to pay the full bail amount.
Personal Bond Process: Fees and Judicial Approval
The personal bond process involves several steps, such as a judge’s approval of the arrangement and the payment of a fee.
Requesting a Personal Bond
So, how do you go about requesting a personal bond? Well, a defendant can’t make the request on their own.
In Travis County, for example, only a defense attorney or the Travis County Pretrial Services agency can ask that a personal bond be granted. While no bail money is due upfront, a Travis County defendant must pay a fee to the county to obtain a personal bond.
“Whether or not a person is released on personal bond is entirely up to the judge,” according to Harris County court officials.
A judge might base their decision on a review conducted by a court’s pretrial services division. This review assesses things such as whether the defendant poses a threat to the public, whether they represent a flight risk and whether they’ll require supervision.
The Role of Judicial Approval in Personal Bonds
A judge controls whether a defendant qualifies for a personal bond. If a judge grants a personal-bond request, the defendant generally needs to pay a fee that might range from $25 to $150, for example.
Harris County court officials explain that a judge considers several factors when deciding whether to grant a request for a personal bond. They include:
- Type of charge. For example, it’ll probably be almost impossible for a murder suspect to be released on a personal bond, while someone accused of theft might find it easier to get their request approved.
- Defendant’s ties to the community. If the defendant is a longtime resident of the community, holds down a steady job and has a track record of volunteerism, a judge might be more inclined to approve a personal bond. But if the defendant has weak ties to the community or none at all, the judge might reject a personal-bond request.
- Circumstances surrounding arrest. If the arrest arose from a warrant for failure to appear in court, a judge will be less likely to grant a personal-bond request.
In some situations, the judge may attach certain conditions to a personal bond. For example, a defendant might be required to submit to drug testing or participate in an alcohol treatment program if they’re released on a personal bond.
Personal Bond Payments
Paying for a personal bond isn’t complicated. Rather than coming up with the full bail amount, you’re typically expected to pay a fee within a certain period.
In Travis County, for example, you’re not required to come up with cash when you’re released. However, you must pay a fee within seven days of your release:
- $20 if the bond is less than $1,334.
- $40 if the bond amount is $1,334 or more.
- 3% of the bond amount, up to $300, if an ignition interlock device must be installed in the defendant’s car.
While you’re supposed to pay the fee, your criminal case won’t be impacted if the fee goes unpaid. Travis County, for example, will send a letter informing you that the fee is due. However, the fee is viewed as a separate matter. It’s best not to let the fee go unpaid, though. Paying the fee before the due date demonstrates you’re taking your criminal case seriously.
Bond Payment Timelines and Options
Timelines for payment of a personal-bond fee may vary.
In Travis County, for instance, you’re given seven days to pay the fee. However, a defendant can’t do this on their own. Rather the payment must be arranged through the defendant’s attorney or Travis County Pretrial Services.
Meanwhile, Dallas County requires that all low-cost bonds be paid at the bond desk inside the county’s justice center.
What if you can’t pay the personal-bond fee? Inform your attorney or the court. The court may be willing to come up with a payment plan or OK another way to cover the expense.
The table below shows examples of fees you might be charged based on the full bond amount.
Bond | Fee |
$500 | $20 |
$750 | $20 |
$1,000 | $30 |
$1,500 | $45 |
$2,000 | $60 |
$2,500 | $75 |
$3,000 | $90 |
$5,000 | $150 |
$10,000 | $300 |
Full Bond Amount Demystified
So, if you don’t appear at a scheduled court hearing after being released on a personal bond, you’ll typically be required to pay the full bond amount. In Dallas County, for example, that amount might be anywhere from $500 to $10,000. In addition, the defendant might face criminal penalties.
In addition, a defendant might be forced to come up with the full bond amount if they violate the conditions of their release. This might include not using drugs or consuming alcohol, going through a mental health counseling program or staying away from a victim of the alleged crime.
Worse yet, a judge might revoke the bond and send the defendant to jail until the case goes to trial.
The municipal court in Portsmouth, Ohio, offers an extensive list of full bond amounts for various offenses. The table below outlines some of them. (Keep in mind that bond amounts vary from one place to another.)
Offense | Bond amount |
Kidnapping | $100,000 |
Murder | $100,000 |
Rape | $100,000 |
Terrorism | $100,000 |
Robbery | $75,000 |
Felony child endangerment | $50,000 |
Manslaughter | $50,000 |
Breaking and entering | $15,000 |
Domestic violence | $10,000 |
Felony tampering with evidence | $7,500 |
Resisting arrest | $1,000 |
Underage consumption | $1,000 |
Obstructing official business | $750 |
Possession of drug paraphernalia | $250 |
As this table shows, bond amounts tend to be higher for more serious crimes and lower for less serious crimes.
Consequences of Missing Court Dates
Missing a court date can carry serious consequences for someone who’s out of jail on a personal bond. Among the potential consequences are:
- Being sued for the full bond amount.
- Having a warrant issued for their arrest.
- Facing a bond-related criminal charge.
- Losing collateral used to back the bond.
Following a court hearing, a judge will determine which action to take against someone who has a personal bond and misses a court date.
Issuing an Arrest Warrant for Missing a Court Date
Of course, one of the most serious consequences of a defendant missing a court date is having a warrant issued for their arrest.
Even if the criminal charge that the defendant faces doesn’t carry a jail sentence, they could be put in jail by the officer who executes an arrest warrant. In fact, a judge might order the defendant to remain in jail until their trial.
In addition, a defendant might be charged with “jumping bail” by failing to appear for a court hearing or violating conditions of their release. Jumping bail also might be known as “violating a bond.”
“For example,” according to the Legal Information Institute, “if a defendant is being charged with [DWI], the defendant not only needs to pay for the bond, but also needs to stay sober until the hearing. If the defendant fails to appear in the hearing, or fails to remain entire sobriety during the bail, the defendant jumps bail.”
Typically, jumping bail causes forfeiture of the bond, the institute says.
“But sometimes bail jumping can be a crime itself. That means if a defendant jumps bail, he or she can be facing the original crime he or she is charged with, as well as the crime of jumping bail,” according to the institute.
Bail jumping might be charged as a misdemeanor or felony.
Legal Representation in Bail Situations
An experienced defense attorney can help a defendant navigate complicated bail and bond obligations.
For instance, if a judge revokes bail, an attorney may be able to persuade a judge to reinstate it by promising the defendant won’t miss another court date or won’t again violate conditions of their personal-bond agreement. Or an attorney might succeed in convincing a judge to cancel an arrest warrant as long as the defendant voluntarily surrenders and doesn’t stray from their bail obligations.
Once these issues are settled, the defendant’s attorney can arrange a new court date.
Given the complexities of bond and bail obligations, it’s wise to enlist help from a defense attorney who can help avoid any legal troubles.
FAQs About Personal Bonds
Can the Court Waive the Full Bail Amount in Certain Situations?
Yes, a court can waive the full bail amount in certain situations, agreeing to release a defendant on their “own recognizance.” A judge will weigh several factors, such as the seriousness of the charge and the defendant’s ties to the community, before deciding whether to waive the full bail amount. Approving a personal bond is one way to waive the full bail amount, meaning the bail doesn’t need to be paid upfront.
How Does Missing a Court Date Impact Paying the Full Bail Amount?
If a defendant is a no-show for a court date, they could face severe consequences such as being hit with a lawsuit aimed at recovering the full bail amount or losing collateral (like home equity) that was used to secure their release.
Is the Full Bail Amount Refunded if the Case Is Dropped or if I’m Not Guilty?
The full bail amount should be refunded if the case is dropped or the defendant is found not guilty.
Can You Pay the Full Bail Amount in Parts or Through a Payment Plan?
Some courts may allow the full bail amount to be paid in parts or through a payment plan. If a defendant is released on a personal bond, the full amount isn’t due upfront.
Do I Need To Pay the Entire Bail Amount if I Get a Personal Bond?
The entire bail amount doesn’t need to be paid if a defendant is released under a personal bond, although they’ll generally need to pay a fee.
As a condition of being released on a personal bond, the defendant must agree to show up for all court appearances. If the defendant violates this agreement, they’ll typically face penalties such as a requirement to pay the entire bond amount.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.