What is Bail?

When you're arrested, the court will either remand you to jail until your court date, release you on your own recognizance, or set a bail amount — a specific sum of money you pay to the court to ensure you will appear at any future court dates.

The Eighth Amendment to the Constitution states that bail shall not be excessive, nor shall it be used as a main way to make money for the government. It is also not to be a form of punishment, merely a way to get a person out of jail and motivated to appear at pending court dates.

What Factors Do the Courts Use to Determine Bail?

The Jurisdiction's Bail Schedule

Typically there is a standard bail schedule for each crime depending on the jurisdiction where the crime took place. This schedule makes a recommendation of a bail amount for each crime.

Criminal Record

A defendant's prior criminal history is a significant factor in setting bail.

The Nature of the Crime

What is its severity? For the most severe crimes, bail may be denied or set especially high.

Potential Penalty of the Charged Offense

If the defendant is facing a capital sentence or life in prison without the possibility of parole, he may feel as though he has nothing to lose by fleeing the jurisdiction, state or country.

Family Ties

Does the defendant have close family ties in the community? Those defendants with ties to family in the community are less likely to flee.

Employment History, Length of Residency and Reputation in the Community

Close ties to an area decrease the inclination to flee.

Previous "Failure to Appear" Orders

If there is a history of the defendant not appearing at his scheduled court appearances, the court may assume that he will only repeat it and deny bail.

History of Mental Illness and Substance Abuse

A mental evaluation may be requested before the decision for bail. If there is a history of substance abuse or drugs were a factor in the crime, completion of a drug treatment program may be a condition of bail.

Known Aliases or False IDs

These may make it easier for the defendant to flee.

Outstanding Warrants or Current Bail

Whether or not the defendant is currently on bail for another crime or has any outstanding warrants.

Current Parole or Pending Appeal

Whether or not the defendant is currently on parole or pending appeal of a criminal conviction.

The Defendant's Wealth

If the defendant is wealthy, bail may not be as much of an incentive to show up for court appearances and could make it easier for the defendant to flee the country.

The Risk to Public Safety

The court looks at whether or not the defendant will pose a risk to the public at large. Some jurisdictions are not allowed to consider this, but most still can.

Nation of Origin

If the defendant is from another country, he or she may attempt to return there.

The bail system is meant to be unbiased and begins by looking at the standard bail schedule, which is made up of standards set by the state or jurisdiction for each crime. The court may choose to customize it to fit the individual circumstance of the defendant. More and more courts are relying on a mathematical algorithm that uses many of the same factors a court does to assess the risk that the defendant will appear in court or will commit another crime. It is meant to not only streamline the bail process but to also take out any biases towards defendants or to specific crimes. This is not a computer making the decision on bail — it is merely a recommendation, as is the bail schedule, to the court which has the final decision.

Need Fast Bail Assistance in Houston, TX?

If you or a loved one has been arrested, understanding the bail process can be overwhelming. The experienced agents at Godfather's Bail Bonds are available 24/7 in Houston, TX to guide you through every step — from explaining bail amounts to securing fast release from jail. Our licensed bail bond professionals work quickly and compassionately to help you get back home while preparing for your court dates.

Call (713) 224-3600 — Godfather's Bail Bonds — available 24 hours a day, 7 days a week for immediate bail bond assistance in Houston, TX.

Why Choose Us?

Flexibility: We provide bonds for most crimes, including drug, domestic violence, white collar, and DUI.

Locations: We service bail bonds in the Houston and Montgomery county area.

Assistance: Payment plans and financing is available.

Fast service: We're open 24 hours a day, 7 days a week.

We don't mess around when it comes to getting your loved one home safe from jail. That is why we are dedicated to keeping our office open 24 hours a day, 7 days a week, and 365 days out of the year. In fact, our office hasn't closed in 30 years! We're open on weekends and holidays to better serve you in your time of need.