You may select any topic by clicking on the link, and then click on “Return to Top” to select another question. Where do I find a Criminal Defense Attorney? When Should I Hire an Attorney? How Do I Select A Lawyer? How Should I Decide to Hire an Attorney? What Should You and Your Lawyer Expect From One Another? What Do I do if I Have a Warrant for my Arrest How is an Arrest Made? What are your Rights if Arrested? Commencement of a Criminal Case Plea of Guilty Plea Without A Recommendation Pre-Sentence Investigation Trial By Court or Jury Punishment Phase Proper Conduct and Dress in The Courtroom Community Supervision Terms & Conditions of Community Supervision Violating Terms & Conditions of Community Supervision DWI Assault Drugs Theft How Are Criminal Charges Filed How Bail is Set How to Arrange for a Bail Bond Release Requirements & Fees What to do after Bond is Posted Convictions Criminal Penalties Where do I find a Criminal Defense Attorney? The Criminal Justice Guide is provided to you by the Criminal Defense Attorneys inside this Guide. This Guide is a one of a kind publication designed to help people better understand the Criminal Justice System as well as educate individuals on how to proceed in dealing with a misdemeanor of felony arrest. We invite you to contact these attorneys at no cost for the initial visit to discuss your case. If you are still not satisfied ask a friend or family for a referral or contact the State Bar of Texas. www.texasbar.com Return to Top When Should I Hire an Attorney? An Attorney should be consulted or hired at the earliest possible stage of the criminal process. This allows your attorney ample time to prepare your defense. If you are arrested on a criminal charge and the bond is set in an amount you cannot make, you should hire an attorney to file a motion to reduce the bond. When hiring an attorney, the attorney and client shoud agree on the amount of the fee and when the fee is due and payable. As a client you must understand that the attorney’s fees you agree to pay should be paid as agreed so your attorney can focus on your representation. Once you hire an attorney, be candid with him/her as to the facts of your case so that he/she can provide effective representation. An attorney should be consulted anytime you, family member or friend have a legal question or problem. Often times the money spent to hire an attorney will be less than the money spent on fees and fines, if you handle your own case. Anytime you are a defendant in a criminal investigation or you have a friend or family member that is a defendant in a criminal investigation an attorney should be consulted or hired for representation as early in those procedures as possible for protection and preservation of your legal rights. When involved in the Criminal Court system the best defense for your family member and/or close friend is to retain an attorney. Return to Top How Do I Select A Lawyer? To retain a lawyer’s services you will need to schedule an appointment to meet with him or her about your case. First, make a list of four or five law offices with phone numbers and, if possible, their Internet web site addresses. If attorney has a website you can find out a lot about their practice before you call for an appointment. Some things to look for are: ·  Is the lawyer experienced in the type of law for which you need help? ·  Does this lawyer charge a fee for a preliminary interview, and if so, how much is the fee? ·  Will you be able to get a written contract or agreement clearly describing what type of legal services will be provided and what those services will cost? ·  If your legal problem or case is a routine matter, does this lawyer charge a standard fee for services, and if so how much is it? ·  If a standard fee does not apply in your circumstances, what is this lawyer’s hourly rate? If the lawyer or law firm does not have a web site where you can get this information, then call his or her office and ask them the same questions, noting on your list what they answer. When you have this information from all the lawyers on your list you can make a decision as to which one you think will be most satisfactory in helping you with your case. Finally, call that lawyer and make an appointment to go over the circumstances of your case Ð but donÕt throw away your list until you have made your arrangements certain. Return to Top How Should I Decide to Hire an Attorney? Before deciding to hire an attorney, think about the contact you have had with him or her to this point, including both telephone and face to face interviews, and then: ·  Ask yourself if you think you and your lawyer can communicate well with one another. Was this lawyer clear about the particulars of your case and what she could do on your behalf? ·  Compare the fees and/or rates this attorney has quoted you with those of others and ask yourself if those charges seem fair and reasonable? ·  Ask yourself if you have a good understanding about how this attorney will inform you of potential problems concerning your case? If for any reason you are not comfortable with how this attorney has responded to you and addressed the issues of your case, do not hire him or her, but consult your list again for another lawyer. Finally, it is very important that you read and completely understand all the terms of the contract your lawyer will ask you to sign before you sign it. If anything in the contract is in any way unclear to you, ask your attorney to explain it to you again until you are satisfied that you understand it. Return to Top What Should You and Your Lawyer Expect From One Another? It is important that you and your lawyer work together to ensure the best outcome of your case. To that end, each of you must fulfill certain expectations, such as: ·  Your lawyer should always give you honest advice, including the strong and weak points of your case. ·  Your lawyer should keep you informed concerning the status of your case. ·  Your lawyer should give you copies of all documents relevant to your case. ·  Your lawyer should never represent another client whose interests might be prejudicial or adverse to yours. ·  Your lawyer should always follow your instructions concerning your case, unless those instructions dictate illegal or unethical behavior on his/her part. ·  Your lawyer should provide you with an itemized bill detailing all fees and expenses incurred concerning the disposition of your case. ·  Finally, your lawyer should always put your best interests first and never make any agreement or deal, or obligate you to do anything prejudicial to your case. In return for doing these things, your lawyer also has the right to expect things from you, such as: ·  Be on time for all of your appointments and court dates. ·  Keep your contact information and place of employment current Ð he might need to get in touch with you urgently. ·  Be open and honest with him/her concerning the events or action of your case. Remember that what you confide in your lawyer about your case is protected under the law and will be kept confidential. Return to Top What Do I do if I Have a Warrant for my Arrest An attorney should be contacted immediately if you or a member of your family or a close friend has a warrant for their arrest. The term for this situation is called a NON ARREST WARRANT.. The definition of the term means there has been a warrant issued by a magistrate or a judge. The arrest warrant commands a law enforcement officer or some other person specifically named to arrest the body of the accused and take the body to be dealt with according to law. By contacting an attorney the person accused has made the right decision to solve the warrant problem. An Attorney will know how to make the necessary inquiries and arrangements for the person named in the warrant while preserving the rights of the accused person. Return to Top How is an Arrest Made? A law enforcement officer must obtain an arrest warrant before taking a person into custody. However, a law enforcement officer may arrest a person without a warrant only if: ·  There is probable cause to believe that the person committed an offense; and ·  The arrest falls within one of the exceptions in Chapter 14 of the Code of Criminal Procedure, Article 14.01 ·  A criminal act is committed in a law enforcement officer’s presence or view. A magistrate may issue an arrest warrant on the basis of an affidavit made by any person under oath before the magistrate, establishing probable cause to believe another person has committed an offense. The arrest warrants commands a law enforcement officer or some other person specifically named, to take the body of the accused to be dealt with according to law. Return to Top What are your Rights if Arrested? The police officer making the arrest is required without unnecessary delay, but no later than 48 hours after the arrest, to take the person arrested before a magistrate. The magistrate is required to inform the person arrested of: ·  The accusation against the person arrested (defendant) and of any affidavit filed therewith ·  The right to hire an attorney ·  The right to remain silent ·  The right to have an attorney present during questioning by law enforcement or a prosecuting attorney ·  The right to end the questioning at any time ·  The right to request a court appointed attorney, if the person arrested is indigent or cannot afford to hire an attorney ·  The procedures for requesting a court appointed attorney ·  The right to have an examining trial ·  The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested. The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law. Return to Top Commencement of a Criminal Case In Texas, a criminal case usually commences with the arrest of a person for the violation of a state criminal statute. The arresting officer will contact the  County District Attorney’s Intake Division and give the assistant district attorney working at the intake desk a brief summary of the criminal charge or charges. Often, the assistant district attorney will accept the charge or charges. The arresting officer will swear to the complaint charging the person with the commission of the criminal offense and the assistant district attorney will file a criminal information which will suffice as the charging instrument if the criminal charge is a misdemeanor. The case will be set on the docket of one of the County Criminal Courts at Law for the initial court appearance usually a week from the date of the person’s arrest. In felony cases, the Defendant will be given a court date for his or her initial appearance in a County Criminal District Court within sevety- two hours of the arrest. The criminal case and information will be referred to the grand jury which may or may not return an indictment. An indictment is required in a felony case though the accused may choose to waive indictment and plead guilty or no contest to the information. A criminal case, either a misdemeanor or a felony, is resolved either by a dismissal of the charges, an entry of a plea of guilty or no contest, or a verdict of not guilty or guilty after the Defendant has entered a plea of not guilty and requested a trial of the case by the court or jury. Normally, the Courts will allow at least two resets before requiring the Defendant to decide whether to enter a plea of guilty or set the case for trial. The Courts will usually grant resets of two to three weeks between settings. Return to Top Plea of Guilty If the Defendant decides to enter a plea of guilty, it is usually after counsel and the prosecutor handling the case have entered into discussions regarding a plea bargain in the case and, in fact, have entered into an agreement. For example, in a felony case, the Defendant will agree to enter a plea of guilty to the charge filed in the Court, if the prosecutor agrees to recommend a sentence of community supervision (regular probation) for a period of five years. If both sides agree, the Defendant goes in front of the Judge and enters a plea of guilty or in some cases, no contest. The Judge can accept or reject the plea and the plea bargain of a sentence of five years community supervision. Return to Top Plea Without a Recommendation If the Judge rejects the plea, the Defendant is allowed to withdraw the plea and either set the case for trial, try to negotiate another plea bargain agreement with the prosecutor that the Judge will accept or enter a plea of guilty to the charge without a recommendation from the prosecutor. This is what is referred to as a plea without a rec, or an open plea. When the Defendant enters a plea without a recommendation to the charge, the Judge will determine the punishment. This is often referred to as throwing oneself on the mercy of the Court. This type of plea cannot be withdrawn after it is entered without first obtaining the permission of the Judge. Return to Top Pre-sentence Investigation (PSI) In those cases involving a plea without a reccomendation, the Judge will often take the plea of guilty and reset the case for a punishment/sentencing hearing to be held after the completion of a pre-sentence investigation (PSI). During the period of the reset, the probation department will conduct a PSI. A PSI is an investigation into the background of the Defendant. The probation department will look at a number of things, including but not limited to, the facts surrounding the crime committed, victim impact statements, age of the Defendant, prior criminal history, education, work history, family ties and obligations, good works, and whether the Defendant seems amenable to the terms and conditions of community supervision. After the probation department completes its investigation, it will write a report and make a punishment recommendation which will be sent to the Court. The Judge is not required to follow the recommendation of the probation department, but often does. Usually, the Judge will consider the recommendations in the PSI, the statements of the prosecutor at the time of sentencing and the arguments of counsel for the Defendant. It is for this reason, that counsel for the Defendant should write a sentencing memorandum and submit it to the Court prior to the punishment/sentencing hearing. This memorandum should emphasize the Defendant’s good works and also make a request for a certain type of punishment. For example, a sentence of community supervision could be requested, if the Defendant is eligible. In some instances, the Judge will allow the Defendant to waive a pre-sentence investigation at the time the Defendant enters a plea of guilty. In these cases, the Judge will proceed with the punishment/sentencing hearing without a pre-sentence investigation. Return to Top Trial by Court or Jury Most criminal cases filed in Texas are resolved without a jury trial. If, though, the Defendant elects to try his or her case by a jury, he or she can expect the trial to usually occur within six months of the date of arrest if the case is a misdemeanor and usually within nine months to a year if the case is a non capital felony. A jury trial is conducted in the court in which the case was filed. Normally, the Judge hearing the case will schedule a pre-trial hearing in advance of trial to consider pre-trial motions and other matters. The actual jury trial will commence with what is called voir dire or jury selection. After the jury is selected, the Judge will give the jury instructions. The prosecutor will then read the indictment or the information, if the case is a misdemeanor, to the jury and the Defendant will enter a plea of not guilty. The prosecutor may then choose to make an opening statement outlining what he or she intends to prove in the State’s case in chief. If the prosecutor makes an opening statement, counsel for the Defendant may follow with an opening statement or wait to make the statement preceding the presentation of the Defendant’s case. The prosecution will then present its evidence and attempt to show the Defendant is guilty as charged. At the conclusion of the State’s case in chief, the prosecutor will announce to the Court that the State rests its case. At this time, counsel for the Defendant may make a motion for an instructed verdict and argue that the prosecutor has not made a prima facie case of guilt. If the Court grants this motion, the Court will instruct the jury to return a verdict of not guilty and the Defendant is acquitted. If the motion is denied, the trial moves to the next phase; the presentation of the Defendant’s case in chief. At the conclusion of the Defendant’s case in chief, counsel for the Defendant will announce to the Court that the Defendant rests. The prosecutor will then be allowed to present rebuttal evidence. This is new evidence that rebuts evidence presented by the Defendant. This evidence should not include cumulative evidence; evidence that was or should have been presented in the State’s case in chief. The Defendant will then be allowed to present rebuttal evidence. At the conclusion of the rebuttal phase of the trial, both sides will announce to the Court that they close. Again, counsel for the Defendant may make a motion for instructed verdict. If it is denied, the case will proceed to the charge conference. The charge conference is conducted outside the presence of the jury. At the charge conference, the attorneys and the Judge will discuss the charge(s) (instructions) that are applicable to the law and the facts of the criminal case. For example, the evidence presented may support a charge of self-defense. If so, a charge on self-defense will be included in the Court’s charge. If the Defendant did not testify at trial, the Judge will include an instruction telling the jury that it cannot consider the Defendant’s decision not to testify for any purpose in its deliberations. At the conclusion of the charge conference, the Judge will give each side an opportunity to state objections to the charge and also to request additional instructions. The Court will then reconvene and read the jury the charge. After the Judge reads the jury the charge, final arguments will begin. The prosecutor will be given the option of going first or opening the argument. The prosecutor may choose to open or may choose to follow defense counsel’s argument. If the prosecutor chooses to go first, he or she will still be given an opportunity to close the argument after defense counsel has argued. This is because the prosecutor has the burden of proof in a criminal case. The burden of proof in a criminal jury trial is proof beyond a reasonable doubt. Though the state courts in Texas no longer give a definition of reasonable doubt to jurors, it has been said that a person has a reasonable doubt when a person would hesitate to act in the most important of his or her day to day affairs. At the conclusion of the arguments, the jury will retire to the jury room to deliberate and decide whether the prosecution has proven each and every element of its case beyond a reasonable doubt. If the jury decides it has not, it is bound by the law to return a verdict of not guilty. If it finds that the prosecution has sustained its burden, it will return a verdict of guilty. In some cases, a jury will not be able to reach a verdict and the Judge will declare a mistrial. If the jury returns a verdict of not guilty, the trial ends with the Defendant’s acquittal. If the jury returns a verdict of guilty, the trial moves to the punishment phase. Return to Top Punishment Phase If the Defendant has elected with a written election filed with pre-trial motions in the case for the jury to assess punishment, the punishment phase of the trial will proceed to the jury in a manner similar to the guilt innocence phase with both sides presenting punishment evidence. At the conclusion of the punishment phase of the trial, the jury will assess punishment. If no written election was filed with the Court, the Judge will release the jury from service and preside over the punishment phase of the trial. At the conclusion of this phase of the trial, the Judge will assess punishment. In misdemeanor cases, in which the sentence is a period of time in jail, the Defendant will serve his or her jail time in the County Jail. The Defendant may have credit for time already served in jail on the same case. An example of this would be the time the Defendant spent in jail waiting to bond out after arrest. In some misdemeanor cases, the jail credit a Defendant has will be sufficient to satisfy any jail sentence assessed at the time of the plea. This is sometimes referred to as a straight plea. If a Defendant is sentenced to prison for a first, second or third degree felony, the sentence will be served in a unit of the Texas Department of Criminal Justice. These units are located throughout the State of Texas. The prisoner will accumulate good time credit as the sentence is served. If a Defendant is sentenced to a state jail facility for a state jail felony, the sentence will be served day for day. There is no good time credit accrued in a state jail facility. Also, a probationer does not get credit for the time spent on community supervision if the community supervision is revoked and the probationer is sentenced to time in prison, state jail or the county jail. Return to Top Proper Conduct and Dress in the Courtroom When attending Court the first thing to remember is everyone entering the  Courthouse must pass through a metal detection device. In order to be in the Courtroom on time you should arrive at least one hour prior to your hearing. BE ON TIME. If you are not in your seat when the judge calls your name your bond will be revoked and you will go to jail and your bond will be either raised or set as a no bond. You will also lose the money paid to a bonding company or attorney. The Courtroom is a place of honor and one should show the Judge and the Court respect by acting and dressing in a respectable manner at all times. One should not wear heavy metal belts, chains or jewelry and of course have no knives, regardless of the size, and absolutely no guns, weapons or illegal substances. If you carry a pager or a cell phone please turn it off before you enter the Courtroom. Your appearance is very important. You should be clean and your clothes neat and orderly. The men should wear dress slacks, dress shirts, coat and tie if possible, if you do not have these items you should wear clean and pressed slacks, dress shirt, belt and polished shoes. The women should wear conservative length skirts or dresses and blouses that cover the mid section. If wearing pants, they should be dress pants and a conservative blouse. Do not wear shorts, short skirts or dresses or revealing blouses or loud colors. Both genders should be well groomed, clean and hair should be combed or styled. If you are asked a question by the Judge or a member of the Court you should answer in a level voice that can be heard and show respect, NO Your Honor or YES Your Honor. Return to Top Community Supervision Community supervision, formerly known as probation, means the placement of a Defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which criminal proceedings are deferred without an adjudication of guilt (deferred adjudication) or a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine is probated and the imposition of sentence is suspended in whole or in part. It is important to note that deferred adjudication is only available from the Judge after a plea of guilty or no contest. A jury cannot grant a deferral of adjudication of criminal proceedings after a guilty verdict in a criminal case. If the Defendant is sentenced to a term of community supervision or has the adjudication of the criminal proceedings deferred, there are certain terms and conditions that he or she must abide by during the term of the community supervision. Return to Top Terms & Conditions of Community Supervision ·  Commit no law violations ·  Avoid injurious or vicious habits (illegal drugs and alcohol) ·  Avoid persons or places of disreputable or harmful character ·  Report to the community supervision officer as directed ·  Work faithfully at suitable employment ·  Remain within the same county  ·  Support your dependents as required by law ·  Submit to random urinalysis ·  Participate in a community service restitution program to completion ·  Pay fines and supervisory fees as directed. Conditions of community supervision may also include finding gainful employment or meeting certain educational requirements such as obtaining a graduation equivalency degree (GED). Enrolling in drug and alcohol classes is also often required. This is especially true in driving while intoxicated cases which may also include, as conditions, a driving course for first time offenders and a victim impact panel. The maximum period of supervision in a misdemeanor case is two years while the maximum period of community supervision in a felony case is ten years. Return to Top Violating Terms & Conditions of Community Supervision If a person (probationer) is placed on either form of community supervision, he or she must abide by the terms and conditions set or answer to a Motion to Revoke/Adjudicate. In a situation where the probationer violates a term or condition of the community supervision, a Motion to Revoke/Adjudicate is filed and a warrant is issued for the probationers arrest. If the probationer is on misdemeanor community supervision of either type, he or she is entitled to have a bond set. In felony cases, a probationer who violates the terms and conditions of community supervision (regular probation), is not entitled to a bond and a bond is rarely set in these cases. In felony cases, in which the adjudication of the criminal proceedings was deferred, the law allows for a bond though a bond is rarely set. In these cases, counsel for the probationer must discuss the setting of a bond with the prosecutor and the Judge. In some cases, whether entitled to a bond or not, the probationer may elect to stay in jail and submit to jail therapy for a period of time as a way of resolving a pending Motion to Revoke/Adjudicate. In those cases in which counsel for the probationer and the prosecutor and/or the Judge cannot resolve a Motion to Revoke/Adjudicate, the Motion is set for a hearing to the Judge. The issue at the hearing is whether the probationer violated a term or condition of the community supervision. The probationer is not entitled to a jury at this hearing and the prosecutor is only required to prove the violation by a preponderance of the evidence. In other words, it is more likely than not that the probationer violated a term or condition of his or her community supervision. Return to Top DWI A person charged with DWI will also face a suspension of his or her driver’s license for either refusing or failing a breath test. At the time of arrest or during the booking process, the police will give the person arrested a notice of suspension instructing them as to what needs to be done to contest the suspension. A written request for an administrative hearing to contest the suspension must be filed with the Texas Department of Public Safety in Austin, Texas within 15 days of the arrest. Many people arrested who don’t request a hearing are surprised to find out that their license has been suspended. A suspension may not be imposed on a person who is acquitted of DWI. If a suspension was imposed before the acquittal, the Texas Department of Public Safety must rescind the suspension and remove any reference from the person’s computerized driving record. As of September 1, 2003, a person found guilty of the offense of DWI will pay a surcharge to keep his or her driver’s license. The surcharge will be in an amount of $1,000.00 to $2,000.00 and will be paid on a yearly basis for a period of 36 months from the date of the DWI conviction. Unlike in other misdemeanor cases, a sentence of community supervision (probation) in a misdemeanor DWI case is considered a final conviction and will be reported on the person’s driving record for a period of 10 years. The Criminal Courts require those persons charged with DWI who have a previous conviction for the offense of DWI to install an ignition interlock system in their vehicle as a condition of bond. Normally a video tape is made by police of a person charged with the offense of DWI. This tape is usually available for viewing by counsel on or after the person’s first court setting. The video tape is available for viewing at the Criminal Courthouse. There are a number of services  that will make a copy of the video tape for counsel so that it can be viewed in the privacy of an attorney’s office. Return to Top Assault In assault cases, the District Attorney’s office will sometimes file a motion for a protective order directing the accused to have no contact with the complaining witness. These motions are routinely granted and are common in family violence cases especially those involving children. Return to Top Drugs A person who is finally convicted of a drug related offense found in the Health and Safety Code of the State of Texas will have his or her driver’s license suspended by the Texas Department of Public Safety. In many of the Criminal Courts a person charged with a drug related offense will be subject to random urinalysis as a condition of bond. If you have ingested an illegal drug or controlled substance prior to coming to court, it is advisable to tell your attorney. Many employers as well as colleges and universities now ask for detailed information in the application process regarding a person’s use of marijuana and/or controlled substances. The questions usually center around whether a person has been convicted or placed on community supervision (probation) for a drug related offense. Needless to say, an answer of yes can make admission or employment difficult. Return to Top Theft Theft is considered a crime of moral turpitude. Moral turpitude is defined in Black’s Law Dictionary as an act of baseness, vileness or the depravity in private and social duties which man owes to his fellow man or to society in general, contrary to accepted and customary rule of right and duty between man and man. A person convicted of a crime of moral turpitude is barred from certain types of employment and cannot serve on a jury. It should be noted that the offense of theft by check is considered a crime of moral turpitude. Return to Top How Are Criminal Charges Filed When an individual goes to jail several things are happening at the same time. The individual is being booked in, goes through an Identification process and is interviewed by a processing person. Their picture is taken and their fingerprints are recorded and classified to determine who that person is and if that person is wanted in any other jurisdiction. While all of those things are occurring the arresting officer completes his reports, does his investigation of the circumstances surrounding the incident and must determine how to proceed with the person in jail. Once the officer determines a crime has been committed the arresting officer must go to the District Attorney’s Intake Division, (D.A. Intake), to file the criminal charge(s). This process is between the officers and an assistant district attorney. If it is determined the person in jail has committed a crime and all requirements are met by the law the charges are accepted and prepared. This process can take up to 48 hours from the time the person arrested is booked in. Average time is 12 to 24 hours, however, other circumstances can occur delaying the release of the individual arrested. The person arrested is charged, assigned a court and a cause number and is assigned a spin number. This number is a permanent number used to follow this individual throughout the criminal justice system in the County for the rest of that person's life. If the person is found to be innocent of these charges the spin number remains unless a court expunges all records. Return to Top How Bail is Set Bail is set according to a schedule agreed to by the Judges having jurisdiction over that particular criminal charge. Several things are considered about the individual arrested. The charge filed against that person, their prior arrest record, history of family violence, or any type of prior sexual related charges, if this person charged poses a danger or further threat to the community and is the person a flight risk. The magistrate that presides over the initial bail and arrest hearing may also place additional bail conditions on the person arrested including, but not limited to lowering the bail amount, raising the bail amount to declaring a no bond if the arrested is found to be on parole, probation or has a criminal case pending. If one of those instances applies then the judge presiding over the court in which the new case is pending determines whether or not to allow a bond to be set and the amount of the bond to be set. A Criminal Defense Attorney should be present to represent the person arrested in this court proceeding! Return to Top How to Arrange for a Bail Bond While the person arrested is going through all of the above processes that person should have contacted a friend or a member of his family or a bail bond company. If a friend or family member is contacted that individual should, if they intend to help the person arrested, contact a criminal defense attorney or bail bond company for assistance. An attorney will either check the status of the person in jail or have the bonding company complete the necessary inquiries. Some criminal defense attorneys make their own bail bonds and in that case the attorney would make the necessary inquiries. If you contact a bail bond company, they will make all of the necessary inquiries and arrangements.

Once a bond is set and the person arrested has been processed and is eligible to make bond and be released, the bonding company or the attorney will call the person making bail arrangements, with options, court and estimated time of person’s release. Return to Top Release Requirements & Fees The requirements vary from Criminal Defense Attorneys and Bail Bond Companies but the most common are as follows: ·  How long has the caller known the person arrested? ·  How long has the arrested lived in the Houston area? ·  Is the arrested married and have children? ·  Does the arrested live with his wife and children? ·  Is the arrested employed and for whom and how long? ·  Does the arrested have a criminal record? ·  Is the person on probation or parole? ·  Is the caller willing to indemnify (guarantee) the appearance of the arrested by signing an indemnity agreement for the full amount of the bond? ·  Can the caller or someone involved pay or help raise the release fee for the arrested and if not are there others that might help the arrested? Once the answers and information are gathered, the person handling the release for the Criminal Defense Attorney or the Bail Bond Company will advise the person calling, of the fee and requirements. If the person arrested has a prior criminal record, not employed, or there are any other negative items, then collateral may be required. For the majority of people arrested collateral is not required. Bail Bond fees vary by Bail Bond Companies and Criminal Defense Attorneys. On misdemeanor bonds there is usually a minimum fee applied instead of a percentage. On felony bonds any bond amount over $2,000, a percentage applies from 10% to 12.5%. Visa, Master Card, American Express, Discover, Pulse, Debit Card, Cash or a Personal Check usually can be used to pay these fees. Many times all of the arrangements can be completed by telephone, fax and with a credit or debit card. If arranging the release of the arrested person by a Criminal Defense Attorney make sure the receipt indicates the fee for release and/or what is paid toward legal representation of the criminal case pending if anything. Usually the cost for release is in addition to legal fees for representation on the criminal charge filed. Return to Top What to do after Bond is Posted Once the arrested person is out on bond it is imperative the bonded person adhere to all rules, regulations, policies and special instructions. The surety on the bond has the authority to make special requirements such as but not limited to: ·  Curfew ·  Must seek gainful employment ·  Must live with or at a particular residence ·  Not associate with anyone involved in illegal actions ·  Must personally check into the bail bond office If the bonded person violates any of the above terms, the bonding company can revoke the bail bond and put the bonded person in jail. All rules and special bond requirements must be within the law and the rights of the bonded person. A hired criminal defense attorney will protect the bonded person’s rights. If the Judge of the court presiding over the criminal case involving the bonded person decides the bonded person should have special conditions and imposes those conditions, the bonded person must abide and meet all special instructions or the Judge can raise the bond or revoke the bond and jail the bonded person. The bonded person must be in the courtroom seated when the court begins, if the bonded person is late the bond can be revoked and the bonded person will be jailed. It is suggested that you arrive at least one hour ahead of time. The bonded person must make all court sessions without exception or the bond will be forfeited and a warrant will be issued for your arrest. Return to Top Convictions A person convicted of a felony will lose certain rights and privileges. Examples are the right to vote, serve on a jury or hold certain types of licenses. A person placed on felony community supervision (probation) is deemed to be convicted of a felony for the term of the community supervision. After September 1, 2003, a person who has had the adjudication of his or her criminal case deferred may be able to petition the court for an order of non-disclosure. This procedure is available under Section 411.081(d) of the Government Code and prohibits criminal justice agencies from releasing a person’s criminal history relating to the criminal offense for which the adjudication was deferred. This procedure is only available for certain types of criminal offenses. A person may also be disqualified if he or she commits a subsequent criminal offense after the period of supervision has terminated but prior to the filing of the petition for non disclosure. Return to Top Criminal Penalties A Class B Misdemeanor Conviction is punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days, or both fine and confinement. A Class A Misdemeanor Conviction is punishable by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both fine and confinement. A State Jail Felony Conviction is punishable by confinement in the State Jail for any term not more than 2 years, but not less than 180 days and by a fine not to exceed $10,000. Third Degree Felony Conviction, is punishable by imprisonment for any term of not more than 10 years but not less than 2 years and a fine not to exceed $10,000. A Second Degree Felony Conviction is punishable by imprisonment for any term of not more than 20 years but no-less than 2 years and a fine not to exceed $10,000. A First Degree Felony Conviction is punishable by imprisonment for life or for any term not more than 99 years or not less than 5 years and a fine not to exceed $10,000.