|
Upon arrest in Harris County, the citizen
is initially taken to the jail of the arresting
agency (i.e. Houston Police Department,
Harris County Sheriff, Constable, or any
number of smaller municipalities in and
around Houston). All citizens arrested,
if not released by the arresting agency,
are eventually taken to and booked into
the Harris County Jail. The Harris County
Jail has two main jails, 1301 Franklin &
701 N. San Jacinto.
The U.S Constitution, the Texas Constitution
and the Code of Criminal procedure recognize
the Citizen's right to release on reasonable
bond. Once a person is arrested, the person
making the arrest must, without unnecessary
delay, take the accused before a magistrate.
At that appearance, the magistrate must
inform the accused of his constitutional
rights and determine whether probable cause
exists for the arrest and whether a bond
should be set. This procedure usually occurs
within twenty-four hours of the arrest.
In Harris County, bonds are usually determined
based upon a "bond schedule" approved
by the Judges currently presiding, which
sets a standard bail amount for the various
degrees of crimes charged. Under certain
circumstances, bond is denied to an accused.
The judge who is assigned to the case may
set bail, reduce or even raise the bail
amount depending on the circumstances.
In order to be released on bond, a citizen
can achieve his/her release 3 different
ways:
 |
Post a cash bond with
the Harris County Clerk's Office Bonding
Window located at 49 San Jacinto in
downtown Houston in the full amount
of the bond. If the person on bond appears
as directed, once the case has been
resolved, the cash bond will be returned,
usually within 6-10 weeks. |
 |
Hire a professional bondsman
to post the bail for you. A professional
bondsman will charge a fee for his service,
usually anywhere between 5-20% of the
bond, depending on the circumstances
and collateral. The bondsman is licensed
and has an agreement with the County
holding the citizen to guarantee the
appearance of the citizen at all court
ordered appearances; otherwise, the
bond is forfeited and the bondsman is
responsible for the entire amount of
the bond. |
 |
Most counties in Texas,
including Harris County have a Pretrial
Service Agency that administers the
pretrial release of accused citizens.
Based upon an interview and the recommendations
of the Pretrial Agency, the Judge will
decide whether or not to grant a pretrial
bond for a particular defendant. Release
in this manner is far less expensive
for the accused. However, the Pretrial
Services Agency will most likely require
more effort and conditions than a bonding
company. |
There are many reputable and professional
bonding companies from which to choose.
If you would like a recommendation of several
that have reliably responded to Scardino
& Fazel clients over the years, please
contact our office for a recommendation.
Expect the entire process to take anywhere
between 12-18 hours. Unfortunately, this
is commonplace and unless the citizen has
not been taken before a magistrate before
the expiration of 24 hours for a misdemeanor
and 48 hours for a felony, no meaningful
mechanism exists to speed the process. If
release on bond takes longer, then the advise
of an attorney should be sought who can
contact the Courts and the Sheriff's Department
to determine the reason for the delay and
usually speed release.
 |
"NO
BOND" |
A "no bond" designation means
that the citizen is not afforded the right
to a reasonable bond and will not be released
if:
 |
The citizen is currently
on probation or on bond for a felony. |
 |
The citizen is charged
with a crime of violence. |
 |
The citizen has previously
been sentenced to prison two or more
times. |
 |
The citizen has been
arrested pursuant to a "blue warrant"
(violation of parole). |
If a "no bond" has been entered
in a particular case, your attorney should
investigate the circumstances of your particular
case and approach the Judge assigned the case
to request a bond. The "no bond"
designation does not always mean that a bond
will not be set and may merely be a mistake.
In any event, it will take some time to correct
the mistake or discuss your particular case
with both the Judge and the Assistant District
Attorney, usually the next business day. Judges
normally will not set bonds or intentionally
set "no bond" on cases when the
citizen is not in custody. |