FORNEY, Texas - In an instant, an arrest can disrupt a life, leaving families in Kaufman County grappling with uncertainty. Questions abound: What is the bond amount? How can it be posted? What rules must be followed after release? To shed light on the complexities of bail, bond, and pretrial supervision, InForney spoke with criminal defense attorney Robert Guest, a partner at Guest & Gray Law Firm. Guest outlines what families can expect and emphasizes the importance of understanding release conditions.
What Happens Immediately After Someone is Arrested in Kaufman County?
Robert Guest: After an arrest, the individual undergoes booking at the Kaufman County Jail, which includes fingerprinting, photographing, and entry of the charge into the system. The focus then shifts to the bond amount.
Some charges may have preset bond amounts, while others require the individual to await a magistrate's decision. Until bond is set, the person remains in custody.
How Does Bond Work, and What Options Do Families Have?
Robert Guest: The bond amount is the financial prerequisite for release. Families have a couple of options: they can either pay a cash bond directly to the court or enlist the services of a bail bondsman, who typically charges a non-refundable fee.
It is crucial to recognize that bond is just the first step in the release process. For more serious offenses, release often comes with supervision administered by Kaufman County’s Pretrial Services Department.
What is Pretrial Services, and When Does it Apply?
Robert Guest: Kaufman County employs a Pretrial Services Department to monitor certain defendants post-release. This is especially prevalent in felony cases, family violence incidents, DWI cases, and other offenses deemed higher risk by the court.
Being released on bond does not necessarily equate to unrestricted freedom. Pretrial Services may impose strict conditions that must be adhered to closely.
What Kinds of Rules Can Pretrial Services Require?
Robert Guest: The conditions are very strict, especially when you consider these defendants have not been convicted, only accused. Still we routinely deprive them of their freedom and liberty while on bond. To answer the question- depending on the case, Pretrial Services may mandate regular check-ins, random drug or alcohol testing, attendance in counseling or treatment programs, and even electronic monitoring.
For DWI cases, an ignition interlock device may be required on any vehicle the individual operates. In cases involving assault or family violence, the court may prohibit contact with the complainant, even if they share a residence.
Travel restrictions are also common, requiring prior approval before leaving the county or state, sometimes necessitating written consent.
What Happens if Someone Violates a Pretrial Services Condition?
Robert Guest: Violating the terms set by Pretrial Services is taken very seriously. Even minor infractions can lead to bond revocation and a return to jail. Many individuals mistakenly believe that missing an appointment or failing a test is not a big deal. However, such violations are reported directly to the court, and a judge can quickly revoke bond for non-compliance with bond conditions.
Can Bond Conditions or Pretrial Services Requirements Be Changed?
Robert Guest: Yes, bond conditions can be modified, but the process is not quick or automatic. We must file a petition to modify and setting a hearing for the judge to rule on the motion. Travel permit hearings are pretty common in Kaufman County. We are having more travel permit hearings than ever before in Kaufman County.
During a modification hearing the judge will call on the bond supervision officer to ask how you are doing on bond. If you are doing a great job on bond and working with pre trial services it makes our job easier when it comes to modifying bond conditions.
What Mistakes Do Families Commonly Make After Release?
Robert Guest: Not hiring a lawyer right away. Getting arrested is a sign the criminal justice system is targeting you. The time to start working on your defense is now. A criminal case is like a basketball game, if you don't have a lawyer then there is only one team (the State) on the court. Until you hire a lawyer the prosecutor can run up the score without any resistance. Our team can get in the game and start pushing back on the State's case.
Getting out of jail on bond is just the first step of a long process. How you use that time while on bond will have a direct impact on the outcome. You need a lawyer who has handled enough Kaufman County cases to know what you should be doing while on bail. Merely complying with the terms of bail is the floor, but you can accomplish so much more to help your case if you have the right lawyer. We have clients who go to rehab, attend college, get a job, and take other measures to show that they are more than just a person who got arrested.
A Local Process With Real Consequences
As Kaufman County continues to grow, more residents are encountering the criminal justice system for the first time. Bail and bond are just the beginning; pretrial monitoring significantly influences how serious cases progress through the courts.
For families in Forney and throughout the county, early comprehension of these regulations can safeguard against costly mistakes and unnecessary incarceration.
For additional information regarding criminal defense and bond representation in Kaufman County, visit GuestAndGray.com.
