When someone is arrested, one of the first questions family members often ask is, “How does bail work?” Unfortunately, there are plenty of misconceptions about bail bonds that can make an already stressful situation even more confusing.
What is a bail bond? A bail bond is a financial guarantee designed to help secure a defendant’s appearance in court. In Texas, bail can take several forms, including a personal bond, cash deposit, or surety bail bond. The rules surrounding bail can also vary depending on the offense, court, and county.
At Cowboy Bail Bonds, we believe understanding the process can make a difficult situation easier to navigate. Here are 10 common myths about bail bonds and the facts behind them.
Myth #1: Getting arrested means you are guilty
Fact: An arrest is not the same thing as a conviction.
A person can be arrested because law enforcement believes they have committed an offense, but an arrest does not establish guilt. Criminal cases proceed through the court system, where the allegations are addressed according to applicable law.
Bail is generally about securing a defendant’s appearance in court while the criminal case continues. It is not a determination of guilt or innocence.
Myth #2: Bail and a bail bond are the same thing
Fact: The terms are related, but they are not necessarily identical.
Texas Department of Insurance materials describe bail as security given to help ensure that an accused person appears before the appropriate court. A bail bond is one way that security can be provided.
For example, a defendant may potentially be released through a personal bond or another form of release, depending on the circumstances. A surety bail bond involves a licensed bail bond company or surety providing a financial guarantee to the court.
Myth #3: You always have to pay the entire bail amount yourself
Fact: Not necessarily.
If a court sets bail at a particular amount, that does not automatically mean you must personally bring that entire amount in cash.
With a surety bail bond, a bail bond company like Cowboy Bail can post a bond for the required amount, subject to its application requirements and applicable agreements. The person arranging the bond generally pays a premium or fee rather than simply handing the full face value of the bond to the jail.
The exact cost and requirements depend on the circumstances of the bond.
Myth #4: Anyone can write a bail bond
Fact: Bail bonding is regulated.
Texas has laws governing bail bond sureties and agents. In counties with a Bail Bond Board, the board is responsible for licensing and regulating bail bond sureties and certain agents operating in the county.
When you need a bail bond, it is important to work with a properly licensed bail bond provider.
Myth #5: Once someone gets out of jail, the case is over
Fact: Posting bail does not end the criminal case.
Release from jail generally means the defendant can remain out of custody while the case proceeds, subject to the conditions of release and required court appearances.
The defendant may still need to:
- Attend scheduled court hearings
- Follow conditions imposed by the court
- Avoid new criminal charges
- Maintain contact information as required
- Comply with other release conditions
Failing to follow those requirements can result in additional legal consequences.
Myth #6: You don’t need to go to court if you have a bail bond
Fact: You still have to appear in court.
A bail bond is intended to help guarantee the defendant’s appearance. It does not eliminate the obligation to attend court.
Missing a court date can result in a warrant, and the bond may be subject to forfeiture. That is why keeping track of every court date is one of the most important responsibilities after being released.
Myth #7: A bail bond is automatically refundable
Fact: Bail bond payments and cash bail do not necessarily work the same way.
When someone uses a commercial bail bond, the premium paid to the bail bond company is generally treated differently from a cash deposit made directly with the court. Once a bond is posted and accepted by the court or jail, the bond premium is fully earned and is not refundable.
Because agreements and circumstances can differ, always ask the bail bond company to explain the financial terms before signing.
Myth #8: You need perfect credit to get a bail bond
Fact: Bail bonds are not simply traditional loans.
A bail bond involves a contractual relationship among the defendant, the surety or bail bond company, and potentially an indemnitor or co-signer. The bail bond company may consider information about the defendant and the person arranging the bond when determining whether and how to issue a bond.
If you’re concerned about qualifying, the best approach is to speak directly with a licensed bail bond agent and explain your circumstances.
Myth #9: The co-signer has no financial responsibility
Fact: A co-signer or indemnitor can have significant financial responsibility.
Depending on the agreement, the person who signs for a bail bond may be financially responsible for obligations associated with the bond. The indemnitor can be liable for the full face value of the bond and certain expenses if forfeiture occurs.
Before signing, make sure you understand exactly what you’re agreeing to.
Myth #10: You have to figure everything out on your own
Fact: You can ask questions and get assistance with the bail process.
Being arrested (or having a loved one arrested) can be overwhelming. A licensed bail bond agent can explain the bonding process, discuss required information, and help you understand the paperwork involved.
Cowboy Bail Bonds has served families in Dallas and throughout Texas for decades, with licensed bail agents available 24 hours a day.
Understanding Bail Can Make a Difficult Situation Easier
Bail involves legal and financial responsibilities, so it’s important to separate fact from fiction. The circumstances of every arrest are different, and the court determines the applicable conditions of release.
If you or someone you care about needs help understanding the bail bond process, Cowboy Bail Bonds is available to answer questions and explain the next steps.