Managing Attorney
Most of the time, when a person is charged with a criminal offense in Houston, they will be arrested at the scene of the alleged incident. However, frequently, the police will not arrest the person right away, either because the person has left when the police arrive or because the police conduct a longer investigation. If the police issue a warrant for your arrest, you must address the warrant as soon as possible. In Houston, if you have an open warrant, your options to clear an arrest warrant are to turn yourself in at the jail (or run the risk of being arrested at your home, work or on the street), or attempt to do a “walk-through arrest.”
A walk-through arrest is a way to post bond on your case and clear your warrant without being taken into custody. Traditionally, the only way to clear a warrant is to be taken into custody and see a magistrate judge, who will set a bond on your case. This can be a slow and unpleasant process. But a walk-through arrest allows a bond to be set and posted in your case without you being taken into custody.
How does a walk-through arrest work?
A walk-through arrest involves the defendant, his attorney, and a representative from a bail bonds company going to court and asking the judge to set a bond in the case while the judge is on the bench. Then, rather than arresting the person, the judge will permit the defendant to leave the courtroom with a representative of a bail bonds company to complete the bonding process. When a person is arrested and taken to jail in Houston, they will usually spend at least 24 hours in custody while they are processed into jail and a bond is set. For obvious reasons, this is something most defendants would prefer to avoid.
A walk-through arrest in Houston requires some coordination. First, your criminal defense attorney must confirm that the court your case is assigned to permits walk-through arrests (many judges in Harris County do not permit walk-through arrests, and if that is the case, you will have no option but to turn yourself in). Then, you must find a bail bond company willing to send a licensed representative to court and all parties must pick a time to meet in court when the judge is on the bench. Additionally, the defense attorney should request a public safety report (known as a “PSR”) prior to going to court, which provides the judge with the information necessary to set a bond. It is important to remember that since you have an open warrant, the bailiffs in the court may take you into custody if they learn that you have an open warrant. Your criminal defense attorney should tell you how and when to enter the courtroom.
What will the bond be in my case?
The amount of bond in your case will vary based on the nature of the alleged offense, the judge who sets the bond, your criminal history, and other factors, such as your ties to Houston. It is impossible to predict exactly what the amount of a bond in your case will be, although an experienced criminal defense attorney can usually provide a good estimate. For some misdemeanors or less serious felonies, it is possible to sometimes be granted a free bond (known as a “PR” bond), particularly where the defendant has no prior criminal history. If a free bond is not granted, you can expect a bond of less than $5000 for most misdemeanors (for charges like theft or assault-family violence) and higher bond for felonies or for defendants with a significant criminal history (bonds are frequently set at $100,000 or more for very serious charges like sexual assault).
How much will I have to pay for a bond if I use a bail bonds company?
Traditionally, bail bond companies charge 10% of the face value of the bond. As an example, if you do a walk-through arrest on a prostitution charge and the bond is set at $2500, then you would have to pay $250 out of pocket. The fees can vary depending on the bail bond company and other factors (like the immigration status of the defendant), but you should be wary of bail bond companies that attempt to charge substantially more than 10% of the total amount of the bond. An experienced criminal defense attorney can usually recommend a reputable bail bond company.
If you have an open warrant in the Houston area and are looking for an experienced attorney, call Ceja Law Firm for a free consultation. Attorney Jose Ceja is a former prosecutor with extensive experience representing clients charged with a wide variety of offenses in the Houston area.
