What is the purpose of bail?

The purpose of bail is to provide assurance that a person accused of a crime will appear at court. Once a person is released from jail, bail provides an incentive for a person to appear in court to answer the charges that have been filed against him/her. The Texas Constitution provides that “All prisoners shall be bailable…” As with every law there are exceptions. For instance, a person charged with a capital offense may not be entitled to bail. The Texas Constitution also provides that bail may be denied to an arrested person in a few other limited circumstances. Generally, an arrested person is “bailable.” Do not be confused; just because everyone has the right to have bail set does not imply that everyone is entitled to be released! The three main ways in which to obtain an arrested person’s release from jail are: Personal Bond, Cash Deposit Personal Bond, and a Surety Bond. Personal Bond An arrested person in certain limited circumstances may be eligible for a Personal Bond. Basically, a Personal Bond is a promise to pay the bail if the defendant fails to appear at court. The bail amount varies from case to case, but the promise to pay remains the same. If the arrested person fails to appear, then a civil suit will be filed to obtain the bond amount, and a warrant will be issued for the defendant’s arrest. In certain situations conditions may be added to a defendant’s Personal Bond. Two common conditions for DWI are Alcohol counseling and Ignition Interlock Device.  Cash Deposit Personal Bond In certain situations, a Judge or Magistrate might want to have an added assurance that an arrested person will appear at his or her court date. When this situation arises, a Judge or Magistrate may require a percentage of the bond to be deposited. If an arrested person fails to appear at his or her court date, then the deposit is forfeited. The forfeited deposit does not preclude the state from seeking the entire amount of the Personal Bond. The arrested person is still liable for the entire amount of his or her Personal Bond. Surety Bond. A Surety Bond is a secured promise by the arrested person to appear at his or her court dates.