I often get asked by potential clients if I can handle their bonds too. You should never hire an attorney to also handle your bond. It creates a conflict of interest and doesn’t save you any money.
Texas Attorneys Can Act as Bondsman (It’s a Bad Idea)
In Texas, attorneys can also act as bondsmen for clients they represent. Instead of going to a bail bondsman to bond out of jail, someone who is arrested can hire an attorney who also handles bonds, and that attorney can bond him out of jail. I recommend against having your attorney handle your bond. At first, it sounds like a good idea, to have one person handle both instead of having to go pay a bondsman, but it has the potential for a lot of problems.
How Bonds Work
When you are arrested, a judge will set a bond on your case. This is the amount they must pay to get out of jail while their case is pending. The purpose of the bond is to give people an incentive to show up to court. You can pay the total bond amount to get out, but most people go through a bail bondsman. The job of a bail bondsman is to post a bond for you so that you can get out of jail and then make sure that you show up to court. Generally, they charge a person 10%. They are vouching for you to show up to court. If you don’t show up, they could be liable for the total amount of the bond.
For example, let’s say that you are arrested on an assault case and the bond is set at $3000. You could pay the whole $3000 to the county, or you could go to a bondsman and pay $300. If you pay the whole amount, you get your money back at the end of the case if you show up to your court dates. If you go through the bondsman, you will not get the money back. The $300 is their fee for vouching for you. If you don’t show up to a court date, they could be on the hook for the $3000.
To avoid having to pay that money to the county, the bondsman will usually require you to check in periodically to make sure you know when your court date is and that you’re staying in contact with them. If they don’t think you’re going to show up to court or if you’re late on payments, they will file a motion to get off your bond. If this happens, a warrant will go out for your arrest and the bond amount will likely be increased.
It Creates a Conflict of Interest
If an attorney handles your bond and they feel that they aren’t going to show up to court the attorney will file a motion to get off your bond and a warrant will be issued. I don’t handle bonds because I never want to be the reason that a warrant goes out for my client’s arrest.
It Doesn’t Save You Money
Additionally, if an attorney is providing the service of handling your bond in addition to defending your case, they’re going to charge you for that service. It doesn’t save you any money.
Since it creates the potential for a conflict of interest and because it doesn’t save you money, I recommend hiring an attorney to defend you and getting a bail bondsman to post a bond on your case.
If you have any questions about an attorney handling your bond or if you’re being charged with a crime in San Antonio, please feel free to call (210-900-2806) or set up a free consultation.
The Law
Texas Occupation Code Sec. 1704.163. ATTORNEY EXEMPTION. (a) Except as provided by this section, a person not licensed under this chapter may execute a bail bond or act as a surety for another person in any county in this state if the person: (1) is licensed to practice law in this state; and (2) at the time the bond is executed or the person acts as a surety, files a notice of appearance as counsel of record in the criminal case for which the bond was executed or surety provided or submits proof that the person has previously filed with the court in which the criminal case is pending the notice of appearance as counsel of record. (b) A person executing a bail bond or acting as a surety under this section may not engage in conduct involved with that practice that would subject a bail bond surety to license suspension or revocation. If the board determines that a person has violated this subsection, the board may suspend or revoke the person's authorization to post a bond under this section or may bar the person from executing a bail bond or acting as a surety under this section until the person has remedied the violation. (c) A person executing a bail bond or acting as a surety under this section is not relieved of liability on the bond solely because the person is later replaced as attorney of record in the criminal case. Texas Code of Criminal Procedure Art. 17.19. SURETY MAY OBTAIN A WARRANT. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. The affidavit must state: (1) the court and cause number of the case; (2) the name of the defendant; (3) the offense with which the defendant is charged; (4) the date of the bond; (5) the cause for the surrender; and (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state.
Sean Henricksen
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