If you or a loved one has been arrested in Texas, one of the questions you may have is, “How do we get out of jail?” That’s where bail comes in. Bail is a legal mechanism that allows a person to be released from custody while they await trial. But the process can be confusing, especially if you’ve never faced it.
At Peek Law Group, our criminal defense attorneys in San Antonio help clients and families navigate the bail process quickly and effectively. Here’s what you need to know if you’re trying to get someone out of jail in Texas.
Understanding the Process, Your Options, and What Happens Next
What Is Bail?
Bail is a financial guarantee that you’ll return for your court appearances after being released.
In most cases, a judge will set a bail amount based on several factors, including
- The seriousness of the alleged crime.
- Your criminal history (if any).
- Whether you’re considered a flight risk.
- Community ties and employment.
- Risk to public safety.
If you can pay the full amount—or work with a bail bond agent to post a portion—you may be released until your next court date.
How Is Bail Set in Texas?
In Texas, bail is typically set during a magistrate hearing, usually within 48 hours of an arrest. A judge or magistrate reviews the case and determines the amount of bail based on guidelines and individual circumstances.
In some cases, particularly for minor offenses, the jail may have a pre-set bail schedule, allowing a person to bond out more quickly.
Types of Bail in Texas
There are a few different ways to secure release:
- Cash Bail
You (or someone on your behalf) pay the full bail in cash. This money may be refunded after the case concludes, assuming you attend all required court appearances.
- Surety Bond (Bail Bond Agent)
You pay a bail bond company a non-refundable percentage (usually 10%) of the total bail amount. The bondsperson guarantees the rest to the court.
- Property Bond
You or a loved one can offer property as collateral. This is less common and may require an appraisal and legal process.
- Personal Recognizance (PR) Bond
Sometimes, the judge may release you without requiring money based on your promise to appear in court and your low-risk profile.
What Happens If You Miss a Court Date?
Failing to appear in court is a serious offense. Not only will the court issue a warrant for your arrest, but you’ll also forfeit any bail posted and may face additional criminal charges. If you used a bail bond agent, they can also take steps to recover the bail, including hiring a bounty hunter or placing liens on your property.
How Peek Law Group Can Help
The bail process can be overwhelming, especially during a crisis. Our San Antonio criminal defense attorneys can advocate for a lower bail amount, argue for personal recognizance release, and help connect you with reputable bail services if needed. Once released, we’ll build a strong defense to protect your rights and work toward the best possible outcome in your case.
If you or a loved one is behind bars, don’t wait. Contact Peek Law Group at (512) 399-2311 or complete our online form today for immediate legal help. We’re here to guide you through the bail process and beyond.
