Jail Release: How To Get Out of Jail Fast in Texas
No one likes to spend the night in jail, but it happens. And if you or a loved one has run into this type of trouble, you’re probably wondering how to get out of jail in Texas as quickly as possible. Maybe your friend was locked up for getting into a brawl in downtown Austin, or maybe your brother was arrested for a DWI in Hays County driving back from the breweries in Dripping Springs. Maybe you’re the one behind bars. No matter the situation, you need to know how to get someone -- or yourself -- out of jail quickly. An arrest can be an incredibly stressful time, both for the defendant and their family or friends. Knowing the right steps to take can help ease that initial anxiety. A skilled criminal defense attorney like Chris Perri can help.
What happens when a person is arrested?
The short answer is: paperwork. When a person is arrested on a misdemeanor charge, the arresting police officer has 24 hours to turn in the probable cause (PC) affidavit, which is a miniature version of the police report. In the PC affidavit, the cop will present a sworn statement to a judge justifying why they believe the person was rightfully arrested. The judge will either agree or not. (They usually do--though an attorney can point out any errors.) For felonies, the police have 48 hours to turn in the PC affidavit. Sometimes the cops turn in their paperwork fast, while other times they take their time. Sometimes they’re moving slowly because they’re trying to gather more evidence or are swamped. Other times, they hold out as payback if a defendant was rude or uncooperative. Regardless, there’s not much you can do but wait in jail until the judge receives the PC affidavit. You can, however, hire a defense lawyer to speed up the process.
It’s all about the bail.
Once the PC affidavit is turned in, the magistrate judge will use this document to set a defendant’s bail amount. A bail is a decided amount of money that a person must put up as collateral to ensure they will attend their court appearances. In rare cases, when a defendant is deemed a flight risk or highly dangerous, the judge will deny bail or set it extremely high.
Note: if a person cannot put up the bail amount set by the judge, then they are often forced to remain behind bars until the case is completed, which can take months, or even years. This is deeply problematic because it can cause defendants to plea to deals that end the case fast but may not be in their best interest. Many innocent people have agreed to convictions simply to get out of jail.
Is there a difference between “bail” and “bond”?
Technically, yes, though the terms are often used interchangeably, even on the Travis, Hays, and Williamson County websites. Bail refers to the amount you would have to pay in cash to secure your own release. A bond is a bondperson’s guarantee that they will pay the courts your bail should you fail to appear in court.
Do I have to put up the entire bail amount?
In most cases, no. In Travis County, a personal bond is often a great option for defendants who hire a lawyer. A personal bond allows someone to get out of jail without paying a cent, besides legal fees. The way it works is that, basically, your criminal defense attorney secures your release by convincing the judge that you’re not a danger to the community and will appear in court.
If the person was not arrested in Austin, or was denied a personal bond, then they will need to hire a bond company. A bond company puts up the entire bail amount for you, called a "bond," but they charge 10-20% of the bail amount as payment, and you will never get this money back, as this is their fee.
For instance, let’s say a judge sets your bail amount for $100,000. In Travis County, you’d have four options:
Pay nothing and sit in jail indefinitely while the case is pending.
Hire a criminal defense lawyer in Austin like Chris Perri to fight for you to get a personal bond.
Put up the entire $100K, knowing that you won’t get that money back until your case is resolved.
Pay a bond company a nonrefundable $10-$20K to put up the total bail amount on your behalf. A good attorney can usually refer you to companies offering the most reasonable rates.
How to get help:
It’s important to consult a qualified criminal defense lawyer to discuss your options. Chris Perri has been practicing criminal defense for fifteen years in Central Texas and has helped hundreds get out of jail fast. The quicker you get out from behind bars, the quicker Chris can begin fighting your case. If you or a friend or family member needs help, contact Chris Perri at (512) 269-0260 or visit www.chrisperrilaw.com to schedule a free consultation today.