Surety Bail Bonds in San Marcos: How a Surety Bond Works

Surety bail bonds in San Marcos let a licensed bail bond company stand behind the full bail amount at the Hays County Jail, so the family pays a fee instead of the whole bail in cash. Bobcat Bail Bonds writes surety bonds 24 hours a day. Here is how a surety bond compares with a cash bond and a personal bond.

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What are surety bail bonds in San Marcos?

Surety bail bonds in San Marcos are bonds posted by a licensed bail bond company, the surety, for the full bail amount set by the magistrate. The family pays the company a fee instead of depositing the whole bail. In return, the company promises the court that the defendant will appear, and answers for the bail if they do not.

Hays County is a bail bond board county, so the jail says bonding companies must be licensed to write bonds there. Bobcat Bail Bonds is licensed by the Hays County Bail Bond Board, and our owner has years of experience as a bail bond agent and runner.

Where a surety bond fits in

After an arrest in San Marcos, the person is booked into the Hays County Jail and, under Texas Code of Criminal Procedure Article 15.17, must be taken before a magistrate no later than 48 hours after the arrest. The magistrate sets bail where the law allows. Once bail is set, a bail bondsman can post a surety bond. If you are not sure whether bail has been set, the jail’s bond information line is 512-393-7807.

Three ways to post bail in Hays County

Texas law says bail can be a bail bond or a personal bond. In practice, the Hays County Jail describes three kinds, and it helps to see them side by side.

Cash bond

The full bail amount is deposited with the court instead of using a surety. Texas Code of Criminal Procedure Article 17.02 says the money is refunded after the defendant keeps the bond’s conditions, to the person named on the receipt, less any administrative fee the law allows. That means having the whole amount available until the case is over.

Surety bond

A licensed bail bond company signs the bond as surety and stands behind the full amount. The family pays the company’s fee. The fee is generally not refunded, because it pays for the company taking on the risk and doing the work with the jail.

Personal bond

A personal bond releases the defendant without a surety or other security. Under Article 17.03 it is the magistrate’s choice, and Texas law does not allow one for some charges, including offenses involving violence. If the person misses court, they owe the bond amount.

Our guide on how bail bonds work in Hays County walks through all three in more detail.

What a surety bond promises

Article 17.08 lists what a bail bond must say. It is made payable to the State of Texas, it states that the defendant and the surety bind themselves that the defendant will appear in court to answer the charge, it names the court and the time of the appearance, and it states whether the charge is a felony or a misdemeanor. The defendant and the surety both sign it.

Who the surety is

The surety is the one who backs the bond. Under Article 17.08, each surety signs the bond and writes a mailing address on it. Article 17.11 says whoever accepts a bail bond must require evidence that the security offered is sufficient.

What the co-signer promises

A co-signer, also called an indemnitor, signs a separate agreement with the bail bond company, not with the court. The co-signer generally promises that the defendant will go to every court date, and agrees to be responsible to the company under the terms written in that agreement if they do not. Read what co-signing a bail bond means before you sign, and ask for a copy of everything.

Collateral

For some bonds, a company may ask for collateral, meaning money or property held to secure the bond. Collateral is not a payment. Texas Occupations Code Section 1704.301 says the surety may not keep it more than 30 days after the owner asks for it back in writing and shows, in writing, that the payment agreement or all the criminal cases it secured have ended.

What happens at the end of the case

A surety bond has a set end point. Article 17.08 says the surety’s obligation ends when the defendant is acquitted, the charge is dismissed, the defendant is placed on community supervision or deferred adjudication, or sentence is imposed.

If a court date is missed

Under Article 22.01, if the defendant does not appear when required, the court declares the bail forfeited. The surety can then be held to the full amount, and the co-signer can be held to whatever their agreement says. If a court date is missed or about to be, call us straight away.

If the surety ends the bond early

Texas law also lets a surety get off a bond before the case ends. Under Articles 17.16 and 17.19, a surety can surrender the defendant to the sheriff, or file an affidavit with the court giving the reason, and the court issues a warrant if it finds cause. The defendant then goes back into custody.

Getting started

Call us any hour, or start a surety bond online with whatever details you have. Our fees are set case by case, and qualified applicants may be eligible for payment plans; our page on payment plan bail bonds in San Marcos explains what to have ready. For the cost side, see what a bail bond costs in Hays County, and to find someone in custody, use our Hays County Jail inmate search guide.

A bail bond company cannot give legal advice, and Texas law bars a bail bond surety from recommending a lawyer to the person it bonds. Questions about the case itself are for the court and the defendant’s own counsel.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.