Dallas Criminal Defense Lawyer BlogCan you get my bond lowered? Kaufman County Jail
Have a loved one stuck in the Kaufman County Jail with bond set too high? Here is some information on the typical bond issues in Kaufman.
First, bail is set once a day in Kaufman, between 8-10AM. If you are unlucky enough to get arrested at noon, you may be stuck until the next morning. Our 4 JP judges rotate setting bail and follow a suggested bail schedule (I will post a copy tomorrow).
Once bail is set you can either post a cash bond (put up all the money yourself) or contact a bail bondsmen. In Texas attorneys can write bonds but it’s not a service I offer. Bail bondsmen in Kaufman charge around 10% of the total bond. For example, if your bond is set at $5,000 you can either put up $5,000 in cash, or hire a bondsmen for around $500.
Your bond is your promise to appear in court at a future date. When your case is finished you will get back a cash bond, whereas you will not get back your money from a bondsmen.
Getting your bond lowered
For those with serious criminal charges, or an extensive criminal history, you may find your bond set higher than you wish. What happens in that situation?
If you can’t make bail there are two ways to get your bond lowered- by agreement, or by a Writ. If the DA will agree to a bond reduction then the judge will usually sign an order lowering the bond. Many factors influence if the DA will agree to a bond reduction.
Barring agreement, you have to file a Writ of Habeas Corpus and have a hearing. A bond reduction hearing isn’t a sure thing. The judge could raise your bail if she wanted to.
Examining Trial
In felony cases there is another option to escape jail that is not often used in Kaufman- the examining trial. These were much more popular a few years ago but seem to have gone out of style. An examining trial makes the state put on a minimum amount of evidence to keep you locked up. It is only available pre indictment. If you “win” an examining trial bond is not lowered, you are let go. However, if your case is later indicted you will get rearrested.