Being arrested and charged with a crime is a stressful experience, and one of the first concerns many individuals face is how to get released from jail while awaiting trial. In Texas, this process typically involves posting bail, a financial guarantee that you will return to court for your hearings.
If you are charged with a crime and are unable to post the bail offered to you, you may find yourself stuck in jail for an extended period before your trial. The days that follow your arrest may be overwhelming, but knowing what to expect and how to protect your rights during this time may help you prepare for what is ahead.
Staying in custody
In the state of Texas, if you cannot post bail, you will likely remain in jail until your case progresses. The length of time you spend in custody depends on various factors, including the nature of the offense, the court’s schedule and your legal team’s efforts to expedite your case. For minor offenses, you may stay in custody for a few days or weeks. For more serious crimes, it could be months before your case goes to trial.
Difficulty preparing
If you are ordered to stay in jail, conditions may be difficult. Depending on the facility, you may have limited access to communication, amenities and visitation. You will likely be assigned a cell and given a basic schedule of meals and activities. While in custody, you can still prepare for your case, but your freedom is significantly restricted.
Reduced access to legal counsel
Even if you are unable to post bail, you have the right to consult with an attorney. In fact, it is important to contact a legal team as soon as possible. Your attorney can visit you in jail, discuss your case and help you understand the next steps. They may also be able to advocate for your release by filing a motion for bail reduction or negotiating a different arrangement — but this is often not the same sort of access you may have if you are free.
If you have been charged with a crime, staying informed and seeking legal guidance may help improve the outcome of your case.