Reader’s Question:
My older sister was charged with DUI here in Houston, Texas and I heard my parent talking about a bail or something. What does this mean and does this involves money or I just thought so?
Joy
Houston, TX
In any criminal case, which includes those for DWI cases, the term bail is being used in a lot of recognizable senses such as security-cash or bond-that is given for the appearance for the person arrested for DWI, the bondsman and it could also refer to release the suspect. The first definition is the most common and must be employed for clarity. Admission to bail bond is the order of the court that the DWI suspect be discharged from custody upon bail. The discharge on bail is being accomplished by the acceptance by the court of security for the appearance of the suspect before a court for some part of the criminal proceeding.
In your sister’s DWI case in Houston, Texas, the bail is evidenced by a cognizance or bond that would ordinarily become a record of the court. The bond is in the nature of an agreement that is basically of that the state would release your sister from custody the sureties would undertake that she would appear at a specified time and place to answer the charge made against her. If she fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.
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Reader’s Question:
We are trying to find out all the options that we have to help release a friend of mine from jail after being arrested for DUI in Houston, Texas. Aside from posting a bond, is there any other way that she can be released?
Amber
Houston, TX
Aside from posting bond, your friend who has been arrested for DUI in Houston, Texas could be released through a pretrial release program or through ROR or Release on own Recognizance. In a pretrial release program, the magistrate judge who your friend appeared before within 24 hours of her DUI arrest could choose to monitor her release. This would require her to report to some kind of a probation officer who works for the Department of Corrections. There would be some restrictions such as confining her to the county in which she was arrested and/or surrounding counties. Restrictions could also include the disallowing of any alcohol or narcotics. A more restrictive pretrial release could require that she wear an electronic monitor. Violating the terms of her release could result in her having jail time until such time as her DUI case is disposed.
Under ROR or Release on own Recognizance, the judge may find at the magistrate hearing that your friend is not a flight risk nor a threat to the community, and therefore choose to release her outright without the requirement of posting a bond or the restrictions of adhering to a pretrial release program.
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