The jail release process in Austin can be difficult and time-consuming. The only way to secure release in a timely fashion is by hiring a qualified attorney. They have the knowledge and experience necessary to help you navigate the system quickly and effectively. 

The First Step to Jail Release in Austin – Use the Inmate Reporting System

When someone you care about gets arrested in Austin, the first thing you will want to know is where they’ve been taken. You can accomplish this quite easily by using the Sheriff’s  Inmate Population Reporting System.

This is a straightforward, easily navigable site provided by Travis County. You can quickly search for your loved one by entering their first, last and middle names. If they’ve been processed, they’ll be in the system, along with the location where they are presently detained. 

This site also offers access to certain records and inmate information, along with additional resources for victims of automotive and other criminal and non-criminal incidents, and other important links for attorneys. 

If you have trouble locating your friend or family member or have additional concerns that can’t be resolved by using the Inmate Reporting System’s search function, there is a contact page provided. You will find several phone numbers, locations and email addresses for agencies in the Travis County law enforcement system, where individuals can further assist you. 

Pre-trial Investigations and Bail Bond

During pre-trial investigations, officials will gather information related to the inmate’s offense and other personal information. They will perform background checks and reference calls, conduct interviews with the inmate and with officers and gather any additional resources needed to gain a clear understanding of the alleged crime. 

During your pre-trial hearing, the judge will listen to the details of the case and then set bail. Bail is the amount to be paid in order to secure your pre-trial release. If the judge deems your offense to be exceptionally serious, he or she has the authority to deny bail. However, for most lower-level offenses, the judge will set a bail amount. 

Judges retain the authority to set bail according to their discretion. This determination is based on certain conditions, which include but are not limited to the following:

• A bail schedule: fee schedule for different offenses
• The type of crime
• The seriousness of the crime
• The details of the incident
• Criminal record
• Outstanding warrants
• The defendant’s behavior
• The judge’s jurisdiction 
• The likelihood of the defendant either showing up or skipping out on their commitment to appear in court
• How likely the defendant is to commit additional crimes following their release
• Potential flight risk: likelihood of the individual fleeing the jurisdiction (county) before their trial date

Bail amounts for non-violent crimes often fall between $1500 and $50,000. For example, the average bail for first-time DWI charges, runs between $200 and $2000. This amount can jump considerably for repeat offenders. Those whose crimes include more serious charges, like a DWI that led to a car crash where people were injured, or when a passenger under the age of 15 is involved, can face bail amounts upwards of $5000 to $10,000 or more. 

One of the most common ways an individual deals with bail is by using a bond. A bond is an arrangement to secure your release from jail pending trial. There will be different fees and requirements associated with each bond type, including:

• Cash Deposit: A small fee, often 10% of the total (refundable), paid to the court
• Cash: The entire amount paid up front (refundable) to the court
• Surety: A service fee or deposit, sometimes with collateral, paid to a bond agent (non-refundable)
• Personal Recognizance: Sign a written commitment which acts as a promise to appear in court

Your attorney has experience working with judges and the bail bond system. They will do their best to secure the most favorable bond available to you. It is up to you to follow through with your commitments. 

Types of Bail Bonds for Jail Release in Austin, Travis County

Depending on the details of the alleged crime and what the judge allows, you and your attorney may have a few bail bond options to choose from. The list below will help you understand the differences between each type of bond. 

Personal Recognizance Bond

A personal recognizance bond (PR bond), also known simply as a personal bond, is where a judge or magistrate releases the accused on his or her own recognizance with virtually no money exchanged. There is a small administrative fee involved of $20 to $40, or sometimes, up to 3% of the bond amount. This fee is payable to Travis County Pretrial Services within seven days of release. The only surety given is the word of the defendant to appear in court and abide by the requirements and limitations of their release. 

Unsurprisingly, this is the most favorable of all bonds, since the defendant can keep their money and avoid the hassle of working with a bond agent. This type of bond is legally unavailable to those accused of violent felonies such as murder, aggravated sexual assault, robbery, organized criminal activity, sex trafficking and  a handful of other serious crimes. 

To secure a PR bond, your attorney will present evidence and testimony from family and friends in support of your character, in order to convince the judge that a personal bond is a reasonable option. This will not always be successful. But if your lawyer believes you have a chance, it is worth the attempt.  

You will have a greater chance of approval if the judge doesn’t consider you to be a flight-risk. That is, someone likely to skip town and leave the county or simply miss your court date. Judges will also not grant personal bonds to those with a violent history or to an individual who poses a risk to other members of the community. 

Cash Bonds

WIth a cash bond, the defendant pays the court a specified sum of money to secure bail. Fortunately, once your case has been concluded and you have appeared in court when you were supposed to, your cash will be refunded. Cash bonds must be paid to the Travis County Sheriff’s Department in the exact amount of bail, using either cash, cashier’s check or money order. 

One of the downsides of cash bonds is that, unlike surety bonds, you must deposit the full amount of bail at the time of payment. If bail is set at $15,000, you must pay Travis County $15,000 before you can be released. Also, once you appear in court and your money is returned, you will still need to pay a 5% fee for the return and processing. Using the above example, this amounts to $750. 

Cash Deposit

Another type of cash bond, but with the added benefit of only having to put down a portion of the total. In this case, you will pay the court a small deposit, usually 10% of the total cost of bail, to secure release. This payment is refundable only if you appear in court on the day of your required hearing. 

Surety Bonds

The most common type of bond used in Travis County, this type of bond uses a third party as a guarantor for the payment of bail. In order to secure release, you, your family or your attorney will work with a licensed bond agent. You will pay a non-refundable fee to the agent, often 10-15% of the total bail amount. In return, they will offer a surety, or guarantee to the court to pay the entire cost of bail if you fail to appear on your trial date. 

This carries the advantage of not having to pay the entire amount of bail. Often, you can arrange a surety bond and secure release within several hours. Still, there are significant risks involved. If you don’t show up for trial, the bond agent will pay your bail and then turn around and pursue you or your family to collect on the entire amount.

In addition, some bond agents will issue property bonds requiring collateral, perhaps a lien against a vehicle or boat, a piece of property or other valuable asset. Should you neglect your obligations, you risk losing your property. Surety bonds can expedite your release for a limited fee. However, it is important that you understand both the rules and risks of these common bail bonds. 

How an Experienced Attorney Influences the Court to Release You from Jail in Austin

An experienced attorney is your most important line of defense in the jail release process. Without them, your chances of quick release drop significantly. Attorneys have the experience to navigate confusing law enforcement and judicial systems. They have a deep knowledge of the regulations and habits of each, and are often familiar with several judges in the county. 

Qualified attorneys understand the nuances of the charges against you, have a history of dealing with very similar cases, and know the seemingly hidden loopholes that might potentially secure a much faster and more cost-effective release. They can present a strong case with more complete evidence on your behalf during your initial pre-trial hearing, increasing your chances of a favorable outcome. 

Attorneys can expedite several steps of the bail and release process, steps that would otherwise take much longer. Depending on the charges and the judge’s schedule, he or she may not set bail for several days. This can negatively impact you, your employment and your family. An experienced attorney will use their knowledge and influence to secure an early release so you can return to normal life and continue to fulfill your responsibilities. 

Meeting Conditions After Jail Release in Austin

When a judge or magistrate sets bail for your release, they will also list the conditions of your release. These conditions vary based on the offense, your criminal history, any risk you pose to your community and other discretions left to the judge. For instance, in DWI cases, some common conditions include:

• Ignition Interlock Device: device connected to your vehicle that prohibits you from starting your car if you’ve had anything to drink
• Counseling
• Drug or alcohol (substance abuse) therapy
• Check in to an in-patient treatment facility
• Addiction group meetings or classes
• Community service
• Regular check-ins with your probation officer
• Location tracking via GPS or radio frequencies (low-jack) to ensure you don’t leave the jurisdiction
• SCRAM: Secure Continuous Remote Alcohol Monitoring – This is a bracelet device that continuously monitors an individual’s perspiration for alcohol content. 
• Maintain or seek employment
• Meet child support obligations
• Undergo regular drug or alcohol testing
• Not commit any further crimes
• Abide by any court established travel conditions
• Not possess any weapons
• Abide by a curfew

Another advantage of hiring an experienced attorney is that they may be able to help reduce or even remove certain conditions. Your lawyer will need to file a motion to modify bond conditions on your behalf. Success will largely depend on the validity of your reasons for seeking the modification, plus the skill and experience of your attorney.

If you have a good reason for the proposed change, you will be far more likely to be granted a modification. For example, you and your attorney might propose the removal of certain travel restrictions so you can maintain employment further away. Also, you might need to request that the court reduce the number of addiction recovery meetings you attend because they interfere with the limited amount of time you have with your kids. 

If your attorney can convince the prosecutor to agree with the proposal beforehand, you will have an even higher chance of approval from the judge. Of course, the judge or magistrate will always have the final say when it comes to any proposed modifications. A clean record, good behavior, healthy relationships with your family and community and justifiable reasons for the modification will go a long way toward your potential success. 

In Closing

Spending any amount of time in jail is an unsettling experience. But with the right lawyer, the jail release process in Austin can be a much simpler and faster process than it otherwise would have been. No matter why you or someone you know ends up behind bars, be sure to contact an experienced attorney immediately to give you or your loved ones the best chance of success. 

Sources

Travis County Sheriff’s Office

Inmate Population Reporting System

Bond Info

https://www.tcsheriff.org/inmate-jail-info/bond-info

https://www.tcsheriff.org/inmate-jail-info/inmate-info/find-an-inmate#/sip

Travis County Texas

Bail Bond Board

Additional Articles

https://www.traviscountytx.gov/

https://www.traviscountytx.gov/bail-bond-board

Understanding Bail Bonds

How Bail Bonds Work

Different Types of Bail Explained

Bail Bonds Austin

https://understandingbailbonds.com/how-it-works/

https://understandingbailbonds.com/different-types-bail/

https://understandingbailbonds.com/austin/

City of Austin

File an Appeal Bond

https://www.austintexas.gov/municipal-court/appeal-bonds

American Bar Association: ABA

The Bail Bond System and Rule of Law

Professor Steven D. Schwinn

January 27, 2022

https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-21/issue-3/the-bail-bond-system-and-rule-of-law/