When someone you love gets arrested, it can be difficult to know what to do first. You may be worried about their safety, confused about the charges, and unsure how to get them home. The good news is that you don’t have to figure everything out at once. Taking a few practical steps can help you understand the situation and make informed decisions about what comes next.
1. Find Out Where They Are
Your first priority should be finding out where your loved one is being held.
Ask for:
- The name of the jail or detention facility
- Their full legal name
- Their date of birth
- The alleged charges, if available
- Their booking number, if one has been assigned
If you don’t have all of this information, don’t panic. A bail bond company can often help you understand what information is needed to locate a defendant and begin the release process.
2. Find Out Whether Bail Has Been Set
After an arrest, the person generally must be taken before a magistrate without unnecessary delay and no later than 48 hours after the arrest. The magistrate handles important early steps, including informing the person of certain rights and addressing bail when permitted by law.
Under current Texas law, a magistrate generally must make a bail decision without unnecessary delay and no later than 48 hours after an arrest. Depending on the circumstances, the person may receive a personal bond, cash or surety bond, or may be denied bail when permitted by law.
The amount and type of bail can depend on the circumstances of the case. Don’t assume that everyone charged with the same offense will have the same bail amount.
3. Call Cowboy Bail Bonds
If a monetary bond has been set and your family cannot or does not want to pay the entire amount in cash, a licensed bail bond company may be able to post a surety bond. When you call, have as much information as possible available. Typically, the bondsman will want to know the defendant’s name, date of birth, jail, charges, and bond amount.
Texas regulates bail bond sureties through county bail bond boards and other applicable licensing requirements.
4. Remember That Bail Is Not a Guilty Verdict
An arrest is an accusation, not a conviction. Posting bail does not mean the criminal case is over. It generally allows the defendant to remain out of custody while the case moves through the court system, subject to the conditions of release.
That means getting released is only the beginning. The defendant still needs to stay in contact with their attorney, comply with court orders and appear for required court dates.
5. Encourage Your Loved One to Get Legal Advice
A bail bondsman can help with the bail process, but a bail bondsman is not a substitute for a criminal defense attorney. An attorney can explain the charges, discuss potential defenses and advise the defendant about what to say (or not say) about the case.
If your loved one is still in custody, remember that they have important rights, including the right to remain silent and the right to consult an attorney. Texas law requires the magistrate to inform an arrested person of these rights during the magistrate process.
6. Don’t Wait Until the Last Minute to Address Court Dates
Once someone is released, keeping track of court dates becomes extremely important. Missing court can result in serious consequences, including bond forfeiture and, depending on the circumstances, an arrest warrant or an additional failure-to-appear charge.
Put every court date on a calendar. Keep contact information for the attorney and, when applicable, the bail bond company readily available.
When You Don’t Know What to Do, Start With the Basics
An arrest can make an already stressful situation feel overwhelming. Start by finding out where your loved one is, what they are charged with and whether bail has been set. Then, get the appropriate help.
Cowboy Bail Bonds helps families navigate the bail process and understand the practical steps involved in getting a loved one released from custody.
Important: This article provides general information about the Texas bail process and is not legal advice. Every arrest and criminal case is different. For advice about a specific case, speak with a qualified Texas criminal defense attorney.