Will I Go to Jail if I am Arrested for a Crime?

When officers arrest suspects, several jail release options are available.

Probably. All criminal offenses, and some traffic infractions as well, are arrestable offenses in Texas. In fact, some law enforcement agencies have mandatory arrest policies, usually for DUIs and domestic violence assaults. If officers have probable cause to believe that such offenses occurred, they must arrest suspects. Possession of marijuana (POM) is the primary exception. Hemp, a physically identical substance, is legal, and many municipalities have decriminalized POM. Therefore, many agencies, including the Department of Public Safety (DPS), instruct officers to cite and release POM suspects.

Upon arrest, immediate jail release jumpstarts a successful criminal defense. Incarcerated defendants often take the first plea bargain offer to “get it over with.” This confinement also wrecks their personal and professional lives. So, jail release is the first priority for a Ft. Worth criminal defense lawyer. Once the defendant is out of jail, the attorney concentrates on evaluating the case, identifying possible defenses, and leveraging those defenses either at trial or, more likely, during pretrial settlement negotiations.

Initial Release

Texas has one of the highest percentages of unsentenced inmates in the country. Local politicians are under tremendous pressure, at least from some groups, to reduce that figure. So, Tarrant County officials offer three jail release programs:

• Pretrial Release: The own recognizance release (ORR) program converts a criminal charge to a traffic citation, at least for pretrial purposes. Similar to how officers release drivers when they sign their tickets and promise to appear in court, ORR defendants are released if they promise to follow certain conditions.
• Cash Bond: ORR is usually only available to first-time, nonviolent offenders. Others must look to another option, such as cash bail. Usually, the sheriff sets a presumptive bail amount. This amount is $750 for most misdemeanors and $1,500 for most felonies. A defendant can post the entire amount in cash. When a Ft. Worth criminal defense lawyer resolves the case, the county refunds most of that money, like a landlord refunds a security deposit.
• Bail Bond: If a cash bond is like a security deposit, a bail bond is like an insurance policy. If the defendant does not adhere to all conditions and the judge forfeits bail, the bonding company assumes the financial risk. Most bail bond companies charge about a 15 percent premium for this service.

Common conditions of bail include remaining in the county, attending all required court hearings (some judges require defendants to appear at procedural hearings in addition to trials), and working and/or attending school full-time. Officials also commonly impose offense-specific conditions, such as a keep-away order in an assault case.

Subsequent Modification

If the defendant cannot make bail or the sheriff does not set bail, the arraignment, a formality that most defendants waive, becomes a bail reduction hearing. At this hearing, the judge considers a wide range of factors when setting the bail amount. These factors include:

• Defendant’s flight risk,
• Severity of the offense,
• Defendant’s criminal record,
• Amount of evidence against the defendant,
• Defendant’s threat to the community, and
• Amount of money the defendant can pay.

Before this hearing, defense attorneys and prosecutors generally negotiate bail. Their agreement usually involves some give-and-take. For example, prosecutors might agree to a reduced amount if the defendant agrees to electronic monitoring.

Work With a Savvy Tarrant County Criminal Defense Attorney

Most people go to jail after an arrest, but most people do not stay in jail. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. Convenient payment plans are available.