What Happens After an Arrest?

Being arrested is one of the most stressful experiences anyone can go through. Clients often describe the night of their arrest as the worst moment of their lives. The process can feel overwhelming, but once you understand what happens next, it becomes easier to navigate.

After an arrest, officers will handcuff you, transport you to the police station, and begin the booking process. Booking includes taking your mugshot, recording your fingerprints, and entering your information into the system. Once this is completed, you wait for a magistrate judge to formally charge you and determine your bond amount.

At your initial appearance, the judge will read your rights and let you know what charges you’re facing. If a bond is set, you or your loved ones can begin the process of securing your release.

How Is Bail Determined?

Bail is the amount of money required to secure your release while awaiting trial. It’s meant to ensure you return to court, not to punish you. However, some bail amounts can be set so high that they feel impossible to pay.

In Texas, magistrate judges set bail using local bail schedules, which provide guidelines for bond amounts based on different offenses. While these guidelines offer a general range, judges have the discretion to set any bail amount or impose conditions they deem necessary.

If you believe your bail is too high, an attorney can file a motion to reduce the bond. The court may agree to lower the amount, making it easier for you to post bail and focus on your defense.

Understanding Bond Conditions

In addition to setting a bond amount, the judge may impose bond conditions. These are rules you must follow while out on bail. Common bond conditions include:

• No contact with alleged victims
• Regular check-ins with a pretrial officer
• Drug or alcohol testing
• Travel restrictions
• Surrendering firearms

Violating bond conditions can result in immediate re-arrest and a higher bond amount. If you need bond conditions modified, an attorney can file a motion to amend them.

How Do Bail Bonds Work?

Many people can’t afford to pay the full bail amount upfront. This is where bail bonds come in. A bail bond is essentially a loan that helps secure a defendant’s release. Here’s how the process works:

1. A judge sets a bond amount (e.g., $25,000).
2. A bail bondsman agrees to cover the full amount in exchange for a non-refundable fee, typically 10% (e.g., $2,500 for a $25,000 bond).
3. Once payment is made, the bail bondsman submits the bond to the jail, and the defendant is released.
4. If the defendant appears in court as required, the bond is resolved. If they fail to appear, the bondsman is responsible for paying the full amount.

If a defendant skips bail, the bond company may hire bounty hunters to track them down. This is why ensuring compliance with court dates is critical.

What If You Don’t Have a Bond?

Some defendants are not given a bond, especially in cases involving probation violations or repeat offenses. If no bond is set, an attorney can file a motion to request one. Judges are often open to setting reasonable bond amounts as long as they believe the defendant will return to court.

A motion to set bond can take time, but it’s an important step in securing release. Without legal assistance, a defendant may remain in jail until their trial, which could take months.

Can a Bond Be Reduced?

Yes. If a bond is set too high, an attorney can file a motion to reduce it. Judges typically consider the following factors when reviewing a bond reduction request:

• The severity of the charges
• The defendant’s criminal history
• Whether the defendant is a flight risk
• The defendant’s ties to the community (employment, family, etc.)

In many cases, attorneys successfully reduce bonds to amounts that clients can afford, allowing them to get out of jail and focus on their defense.

Judges may also consider alternative forms of release, such as personal recognizance bonds (PR bonds), which allow defendants to be released without paying bail if they meet certain conditions. In some cases, surety bonds—where a third party guarantees the defendant’s court appearance—can also be an option. Having an attorney argue for these alternatives can be crucial, especially if finances are tight. The sooner a motion for bond reduction is filed, the better the chances of securing release under reasonable conditions.

What Should You Do If a Loved One Is Arrested?

If someone you care about has been arrested, acting quickly is essential. Follow these steps:

1. Find out where they are being held. Contact the local jail and ask about their status.
2. Determine the bond amount. Check with the jail or wait for their initial court appearance.
3. Contact a criminal defense attorney. An attorney can provide legal guidance and, if necessary, file motions to reduce or set bond.
4. Consider hiring a bail bondsman. If you can’t afford bail, working with a reputable bail bonds company can help secure release.

Why You Need an Attorney for Bond Issues

Bail and bond conditions can significantly impact a criminal case. Without proper legal representation, you may end up paying an unnecessarily high bond or remaining in jail longer than necessary. A criminal defense attorney can:

• File motions to reduce or set bond
• Negotiate reasonable bond conditions
• Ensure your rights are protected during the process

At BRCK Criminal Defense Attorneys, we’ve helped hundreds of clients secure fair bond amounts, challenge excessive bail, and regain their freedom.

Need Legal Help? Contact BRCK Criminal Defense Attorneys Today

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