Scott C. Smith practices in several areas with expertise and experience.

Alcohol Related Offenses Including DWI, Intoxication Assault and DUI

Mr. Smith is a Texas dwi attorney who has handled hundreds of cases involving basic accusations for driving while intoxicated to complex cases involving serious injuries and technical issues pertaining to blood and breath testing. As a certified NHTSA Standard Field Sobriety Test Practitioner and experienced Austin Texas dwi lawyer, he is well versed in evaluation and cross-examination of police officers who conduct DWI investigations. His work as a Texas dwi lawyer has also included work with experts in the fields of toxicology, breath testing and blood testing in successfully challenging intoxication accusations. See frequently asked questions about DWIs for more information about, “What to do if you are stopped for DWI” and “What is an ALR hearing and should I request one?”

If you have been arrested for a DWI or other alcohol related offense, you need an experienced attorney familiar with every aspect of alcohol related offenses. Austin DWI attorney Scott C. Smith has been fighting drunk driving cases in Texas for over 30 years. Contact us if you want an effective and knowledgeable attorney on your side. 

DWIs in Texas

In Texas, you commit a DWI any time you “drive while intoxicated”. Texas law defines intoxication as one of two things:

• Physical or mental impairment due to consumption of alcohol or drugs (including medication)
• A blood alcohol content of above 0.08%.

The consequences for a DWI depend on a number of variables. For example, punishment for a DWI with a minor in the car is greater than for a DWI where you were the only one in the car. Additionally, people who have had a DWI conviction before face bigger consequences than people who haven’t. For more information on Texas DWI laws, click here. Then click here to learn more about what to do if you are pulled over for a potential DWI.

DWI Defense

When you face an alcohol-related charge, one of the most important things an attorney can do for you is challenge incorrect evidence and procedure. Both blood and breath tests can give false results. In addition to the tests’ unreliability, officers can make mistakes in evaluating your sobriety. Because he has seen these errors in so many cases, Mr. Smith knows how important it is to understand every aspect of your arrest. He is a certified NHTSA Standard Field Sobriety Test Practitioner, so he knows the ins and outs of the testing process and he can question and challenge the officers who arrested you. Additionally, he works closely with experts in breath and blood testing so that he can defeat charges based on wrong tests. Finally, he treats every case with care, because every detail is important in cases like these. 

If you have questions about what to do if you are stopped for a DWI, see frequently asked questions about DWIs. For an experienced and aggressive Austin DWI attorney on your side, call (512) 474-6484. 

More and more people face charges of cyber crimes. Cyber crimes include charges like online card fraud, online harassment, and possession of illegal internet pornography. Mr. Smith handles many cases involving technology. He has lectured before on cyber evidence and wiretapping. Additionally, he works with forensic experts to get and analyze digital data. With their help, he can use that data to help defend people accused of internet-related offenses. If your case involves computers or the internet, call Scott C. Smith. A qualified expert can make all the difference.

Have you been accused of an internet or computer crime? Do you face charges based on digital evidence? You need an experienced attorney who knows how to defend you against charges of cyber crimes.. 

What Is a Cyber Crime?

Any crime that uses or targets a computer is a cyber crime, also known as a computer crime. That includes not just your computer, but your phone, tablet, or other device. The term cyber crime covers many different charges. For example, all of these offenses are cyber crimes:

• Internet fraud
• Downloading illegal online pornography, such as child porn
• Hacking
• Cyber bullying
• Cyber stalking
• Identity theft
• Online solicitation of a minor

To be clear, those are only some examples.  There are both federal and Texas laws against cyber crimes. Further, both the federal and Texas governments will pass new laws as technology develops. Cyber crime continues to become more common because our daily lives involve computers more and more. As computer crimes are more prosecuted, having an attorney familiar with the changing legislation and technology becomes more important.

What is digital evidence? Why does it matter to my case if I don’t face cyber crime charges?

Just as more people face cyber crime charges, more cases involve digital evidence. Digital evidence means any evidence gathered from computers or other technology. The following scenarios are possible examples of cases using digital evidence:

• Federal agents tap your phone to prove someone is selling drugs.
• Police obtain somebody’s chat history to support the accusation that he is having sex with a minor.
• Prosecutors share your Google Maps history with the jury. Your location history supports an assault victim’s story.

Even though in these cases the charges didn’t qualify as cyber crimes, the prosecution used digital evidence. If you face a similar situation, your attorney has to defend you from accusations. That means taking digital evidence into account.

What experience does Mr. Smith have with cyber crimes and digital evidence?

Mr. Smith has defended numerous people from cyber crime charges. He has fought even more cases that use digital evidence. On top of that, he also can practice in federal court. An attorney eligible to fight cases in federal court can defend you from charges often even more serious than those tried in state court. Besides trying cyber crime cases in court, Mr. Smith has lectured on cyber crimes and wiretapping. He works with forensic experts to gather and analyze digital evidence. Consequently, he is equipped to defend you against charges reliant on digital evidence.

If you face charges of a cyber crime or other charges based on digital evidence, contact Mr. Smith for experienced and dedicated defense. 

Our firm has extensive experience handling a broad array of drug offenses. Lawyer Scott C. Smith is a board certified Criminal Law Specialist with over twenty years of experience handling drug crimes from possession of a small amount of marijuana to federal conspiracy cases involving distribution of controlled substances. Based in Austin, defense lawyer Scott C. Smith has represented hundreds of clients charged with misdemeanor and felony drug charges in Travis, Williamson, and Hays counties as well as throughout Texas.

If you or a friend or loved one are charged with a drug offense, please contact us so that our Texas drug lawyers can help you as soon as possible. You may call us at 512-474-6484 or email us at info@defenselawyer.net. For a number of reasons, it is very important to procure legal representation as soon as possible when facing a drug charge or offense. In some cases it may be possible to suppress evidence that was illegally obtained in violation of the Texas and United States constitutions. In other cases, we can help clients get the best personalized and individual treatment as soon as possible.

Drug offenses are some of the most frequently charged crimes in Austin and Travis County. The War on Drugs, first begun in 1971 by President Nixon, has resulted in the incarceration of thousands of non-violent drug offenders despite studies showing that their incarceration increases their chance of recidivism while costing tax payers millions of dollars. While many have come to see drug addiction as a disease that can be successfully prevented and treated, hiring the best Texas drug attorney is the first step in defending your rights and freedom.

In Texas, drug offenses are either filed in State or Federal courts. Simple possession offenses are almost always filed in the county where the offense allegedly occurred. Larger conspiracies to manufacture or sell drugs may be filed in one of the Texas Federal Courts depending on the facts of the case. Any accusation that an offense extended beyond state lines makes it subject to federal jurisdiction. There are a number of other factors that may also cause a case to be prosecuted in Federal courts rather than State courts.  In some situations, a case may begin in State court and then be moved to Federal court based on further investigation by law enforcement or prosecutors. An experienced drug attorney in Texas must be familiar with all possibilities in order to best protect your rights.

The type of drug being used, possessed, sold, or manufactured will determine the severity of the charge. In Texas state courts, drugs are classified according to the Texas Schedule of Controlled Substances. Drugs listed in Schedules 1 and 2 carry most severe penalties and those in 3 and 4 are less severe and usually filed as misdemeanors. The Texas Health and Safety Code Chapter 481 lists the offenses and corresponding punishments for most state drug offenses.

While every case is different, often drug cases involve issues relating to the legality of the search and seizure of the contraband and how the contraband is linked to the accused to prove that the person charged is responsible for possession of the substance. Defense attorney and Texas drug lawyer Scott C. Smith is experienced in litigating issues that involve complex analysis of the 4th Amendment of the United States Constitution, federal and state exclusionary rules, and other laws that govern how police may conduct searches and seizures.

Contact Austin Criminal Defense Attorney Scott C. Smith

For detailed, thorough, and aggressive defense of federal or state drug charges in Austin, Travis County, Williamson County, Hays County, and Texas, contact Scott C. Smith at 512-474-6484 or info@defenselawyer.net.

If you have been accused of drug charges, including possessing or selling illegal drugs, you need an experienced attorney who knows how to handle your specific case. Scott Smith has successfully defended clients in both state and federal court, against misdemeanor and felony charges, and in relation to a variety of controlled substances. 

Our firm has lots of experience handling a wide range of drug offenses. Lawyer Scott C. Smith is a board certified Criminal Law Specialist with over twenty years of experience handling drug crimes from possession of a small amount of marijuana to federal conspiracy cases involving distribution of controlled substances. Based in Austin, defense lawyer Scott C. Smith has represented hundreds of clients charged with misdemeanor and felony drug charges in Travis, Williamson, and Hays counties as well as throughout Texas.

For a number of reasons, it is very important to procure legal representation as soon as possible when facing a drug charge or offense. In some cases it may be possible to suppress evidence that was illegally obtained in violation of the Texas and United States constitutions. In other cases, we can help clients get the best personalized and individual treatment as soon as possible.

In Texas, drug offenses are either filed in State or Federal courts. Simple possession offenses are almost always filed in the county where the offense allegedly occurred. Larger conspiracies to manufacture or sell drugs may be filed in one of the Texas Federal Courts depending on the facts of the case. Any accusation that an offense extended beyond state lines makes it subject to federal jurisdiction. There are a number of other factors that may also cause a case to be prosecuted in Federal courts rather than State courts.  In some situations, a case may begin in State court and then be moved to Federal court based on further investigation by law enforcement or prosecutors. An experienced drug attorney in Texas must be familiar with all possibilities in order to best protect your rights.

The type of drug being used, possessed, sold, or manufactured will determine the severity of the charge. In Texas state courts, drugs are classified according to the Texas Schedule of Controlled Substances. Drugs listed in Schedules 1 and 2 carry most severe penalties and those in 3 and 4 are less severe and usually filed as misdemeanors. The Texas Health and Safety Code Chapter 481 lists the offenses and corresponding punishments for most state drug offenses.

While every case is different, often drug cases involve issues relating to the legality of the search and seizure of the contraband and how the contraband is linked to the accused to prove that the person charged is responsible for possession of the substance. Defense attorney and Texas drug lawyer Scott C. Smith is experienced in litigating issues that involve complex analysis of the 4th Amendment of the United States Constitution, federal and state exclusionary rules, and other laws that govern how police may conduct searches and seizures.

Contact Austin Criminal Defense Attorney Scott C. Smith

For detailed, thorough, and aggressive defense of federal or state drug charges in Austin, Travis County, Williamson County, Hays County, and Texas, contact Scott C. Smith at 512-474-6484 or info@defenselawyer.net.

“Sex Crimes” are among the most dangerous and serious accusations lodged today and can have a devastating impact on a person’s life. Often times, the accusations are based on flimsy evidence and the cases are poorly investigated, leading to false accusations.

A sex crime is any offense that involves illegal sexual conduct. For example, here are some of the sex crimes commonly prosecuted in Texas:

• Aggravated sexual assault
• Sexual assault
• Indecent exposure
• Indecency with a child
• Possession or distribution of child pornography
• Failure to register as a sex offender
• Prostitution

Sex crimes can be misdemeanors or felonies, prosecuted under Texas or federal law. In fact, even consensual sex can violate sex crime laws. Regardless of the circumstances, a conviction can impact your life a lot. From prison time to big fines to sex offender registration, sex crime penalties are heavy. Fortunately, a good attorney can advocate for you and help you get the best possible outcome.

If you have previously been convicted of a sex crime and are interested in Sec Offender Deregistration, click here.

Has someone accused you of sexual assault or another sex crime? If so, you need an experienced attorney now. Austin attorney Scott C. Smith has been defending people like you for over 30 years. With his expertise and attention to your individual situation, you can fight the charges confidently. 

What is a sex crime?

A sex crime is any offense that involves illegal sexual conduct. For example, here are some of the sex crimes commonly prosecuted in Texas:

• Aggravated sexual assault
• Sexual assault
• Indecent exposure
• Indecency with a child
• Possession or distribution of child pornography
• Failure to register as a sex offender
• Prostitution

Sex crimes can be misdemeanors or felonies, prosecuted under Texas or federal law. In fact, even consensual sex can violate sex crime laws. Regardless of the circumstances, a conviction can impact your life a lot. From prison time to big fines to sex offender registration, sex crime penalties are heavy. Fortunately, a good attorney can advocate for you and help you get the best possible outcome.

How can Scott C. Smith help? 

If you have been accused of a sex crime, then you know how serious and devastating such charges can be.  In some cases, charges are based on flimsy evidence or are poorly investigated. As a result, many people face false or trumped-up charges. Whether the accusations are true or not, every person has a right to fair representation. Good representation is especially important when charges are based on emotionally difficult or disputed experiences. If you have a good attorney, they can help make sure you are treated fairly and work with you to attain the best outcome possible. Without skilled defense, you are more likely to face consequences like prison time and sex offender registration.

For the representation you deserve, call (512) 474-6484.

If you have previously been convicted of a sex crime and are interested in Sec Offender Deregistration, click here.

Scott C. Smith is an experienced domestic violence attorney with over 20 years of experience helpings clients charged with assault, domestic violence, and family violence.  These types of cases are very serious and must not be taken lightly. Finding the right domestic violence lawyer to aggressively defend against these accusations is crucial.   

Allegations that are characterized as “domestic violence” usually involve charges of assault, though they may also encompass other charges such as harassment, interference with 911 calls, and criminal mischief. It is not unusual to see situations in which charges like these are filed even though all parties to the alleged offense desire that no charges be filed. This occurs because the prosecutors who file charges are not bound to follow the desires of the parties. It is also common for false charges to be lodged by one spouse or partner against another as a means of retaliation or to gain advantage in divorce proceedings. Scott C. Smith is a board certified criminal law specialist who has successfully defended hundreds of domestic violence cases and can often negotiate a dismissal of charges.

Domestic violence cases may be filed as either misdemeanors or felonies depending on the facts in each case.  Accusations of serious bodily injury, use of a deadly weapon, strangulation, or prior convictions for assault family violence may result in a case being filed as a felony.  In Travis County, most misdemeanor and felony domestic violence cases are filed in Travis County Court at Law Four which exclusively handles family violence cases and defendants charged with domestic violence. Our attorneys are very familiar with this court and can help you successfully protect your rights and defend your freedom.

If you are arrested in Travis County on suspicion of domestic violence, there may be several immediate consequences simply based on the arrest.  The judge may require you to be assessed by Travis County Counseling and Education Service and follow their recommendations.  There may also be an Emergency Protective Order which restricts contact with the complaining witness in the case and can prohibit you from returning home if you lived with them.  Under Texas Code of Criminal Procedure Article 17.292(j), these emergency protective order can remain in effect for up to 61 days for misdemeanor accusations and 91 days for felony accusations.  The complaining witness may also apply for a permanent protective order which can last for up to two years.  It is important to talk with a domestic violence lawyer familiar with these obstacles who can advise you about the best course of action.  If you or a loved one have been charged with assault or domestic violence, please feel free to contact us.

Are you facing domestic violence charges? If so, you need an attorney now. A good attorney will help you resolve the case in the best way possible. Furthermore, a good attorney will protect your rights. Scott C. Smith will advocate for you and work to get you the best outcome.

What are domestic violence charges?

There are three specific domestic violence charges: domestic assault, aggravated domestic assault, and continuous violence against the family. To be clear, you can only face these charges when you are accused of hurting, among others:

• A former or current partner
• The other parent of your child
• A biological, adopted, or foster child
• Someone who lives with you
• A relative by blood or marriage
• A foster parent

In short, you can face domestic violence charges when accused of hurting family, household members, or people you are dating/have dated. If the complaint says that you used a weapon or caused someone serious bodily injury, then you are more likely to face felony charges. Additionally, your charges will be more serious if you have a history of facing similar charges.

People face domestic violence accusations in a range of situations. Sometimes prosecutors file charges even if the victim doesn’t want to press charges.  In other cases, one spouse or partner may falsely accuse the other for revenge or to get more in divorce proceedings. Similarly, some domestic violence victims are charged for defending themselves. To be clear, even if none of these scenarios apply to you, your rights must be protected.

What are the consequences of domestic violence charges?

No matter the situation, the consequences start right after your arrest. For example, in Travis County, the judge may order an assessment by Travis County Counseling and Education Service and follow their recommendations. Also, the judge may also issue an Emergency Protective Order which restricts contact with the person who made the complaint, even keeping you from returning home if you lived with them. Finally, if convicted, you could face prison time and large fines. Domestic violence charges can also affect divorce proceedings and custody agreements.

Facing domestic violence charges can be scary and intimidating, especially considering the long legal process. The best way to resolve this difficult situation is to get the help of an understanding and skilled attorney. With his decades of experience and dedication to each individual client, Mr. Smith can help make this process easier. Call the Law Office of Scott C. Smith to take the first step towards a resolution.

Mr. Smith is experienced in providing advice and representing clients who are under investigation before charges are filed in a case. Many people make the mistake of not immediately securing legal representation when they learn that they have been accused of a crime. In many such situations, it is critical to carefully assert legal rights afforded to the accused and respond to the accusations appropriately. Failure to do so can significantly reduce one’s ability to successfully defend against the accusation, even if it is false. On the other hand, a careful response to the accusation can lead to a successful conclusion of the investigation before any charges are filed.

Even if you have not had charges filed, you need an attorney if you are facing accusations or are under investigation.

What is a grand jury?

Grand juries are a little different from regular juries. For starters, grand juries don’t decide if you are innocent or guilty. Instead, if you’re accused of a felony charge, a grand jury decides whether there is enough evidence for you to be formally charged. Even though your attorney can’t be in the room with you, they can still help guide you through this process.

Mr. Smith is experienced in providing advice and representing clients who are under investigation before charges are filed in a case. Many people make the mistake of not immediately securing legal representation when they learn that they have been accused of a crime. In many such situations, it is critical to carefully assert legal rights afforded to the accused and respond to the accusations appropriately. Failure to do so can significantly reduce one’s ability to successfully defend against the accusation, even if it is false. On the other hand, a careful response to the accusation can lead to a successful conclusion of the investigation before any charges are filed.

Scott Smith can help you assert your rights and assist you in refuting the accusations before being charged, or continue to successfully defend you if the charges are filed. Contact us now.

Though the majority of criminal cases filed in Texas are filed in Texas State Courts and prosecuted by Texas District and County Attorneys on behalf of the State of Texas, some cases are filed in United States Federal Courts and prosecuted by the United States Attorney on behalf of the federal government.  In addition to being certified as a criminal law specialist, Scott Smith is an experienced federal criminal attorney licensed to practice in U.S. federal court.  As an experienced federal criminal defense attorney, Scott Smith has defended a multitude of criminal cases in federal court involving accusations of conspiracies, high level drug crimes, federal weapons offenses, matters involving national security issues, computer offenses, child pornography crimes, and large scale financial crimes involving mortgage fraud, bank fraud, and visa fraud. 

It is important to have a respected federal criminal lawyer when facing  these types of accusations.

Federal prosecutors tend to focus on fewer cases and more serious accusations. They also have more resources available to do so. Therefore, all federal accusations and investigations should be taken especially seriously. When accused of an offense in federal court, it is extremely important to be represented by a federal criminal defense attorney familiar with federal criminal laws and procedures which differ greatly from those of state courts.  If you are accused of a federal offense or have reason to believe that you are the target of a federal investigation, please feel free to contact our office for assistance.

If you are facing federal charges or are under federal investigation, you need an attorney experienced in federal cases. Federal prosecutors are more aggressive and have more resources and federal charges are more serious. Scott Smith is licensed to practice in federal court and has successfully defended clients from federal charges, like large-scale financial crimes, federal weapons offenses, and high level drug crimes.

Though most cases filed in Texas are tried in State Court, some cases are filed in United States Federal Courts. For the most part, federal cases involve more serious charges. Scott Smith is an experienced federal criminal attorney licensed to practice in U.S. federal court. He has decades of experience defending people on many different charges. For example, some of the cases he has tried involve:

• accusations of conspiracies
• high level drug crimes
• federal weapons offenses
• national security
• cyber crimes
• child pornography
• large-scale financial crimes like mortgage fraud, bank fraud, and visa fraud

Federal prosecutors usually focus on fewer cases and more serious accusations. Additionally, they usually have more resources available to do so. For these reasons, all federal accusations and investigations should be taken especially seriously. If you have been accused of an offense in federal court, you specifically need a federal criminal defense attorney. Besides being licensed to practice in federal court, your attorney has to be familiar with the procedures and laws of federal court, which are different from those used in state court.  

If you are facing federal charges or are under federal investigation call us now. 

In many cases our goal is to not only defend the innocent, but to also clear his or her name. Even if a charge is ultimately dismissed or the accused is acquitted at trial, records of the accusation will usually continue to exist and be visible to the public at large unless action is taken to stop this. Despite the prosecution’s failure to prove guilt in such situations, the accused can continue to suffer adverse effects, including discrimination in employment, housing, and many other contexts, unless the arrest record is cleared in some way. In Texas there are two ways to accomplish this – expunctions and nondisclosure orders (also referred to as sealing orders).

Expunctions in Texas provide for the complete destruction of arrest records.

Expunctions are generally available only after charges have been dismissed or the accused is acquitted at trial. Usually it is not possible to expunge records pertaining to a case in which the accused has been placed on probation, sentenced to serve a term of confinement or fined (though occasionally there are exceptions to this rule).

If someone cannot expunge their records, they may have some relief available by filing a petition to seal records. To be eligible for a nondisclosure order one must first successfully complete a term of deferred adjudication probation in Texas. When records are sealed, they are not destroyed as in the Texas expunction process. However, the general public’s access to them is restricted. Though the Texas criminal records could still be viewed by many government employees and law enforcement personnel after they have been sealed, Texas nondisclosure law allows an accused to not disclose the arrest on applications for employment and in other situations.

We have successfully filed many petitions to expunge and seal arrest records in Texas courts…

…and would be pleased to discuss the possibility with you. Feel free to call us at 512-474-6484.

You can usually only expunge your records if charges against you were dismissed or you were acquitted at trial. Although there are occasional exceptions, the state of Texas won’t expunge your records if you have been placed on probation, sentenced to a term of confinement, or fined.

Even if you can’t get your records expunged, you may be able to have them sealed through a nondisclosure order.

No matter how you get there, you deserve to start a new job or move into a new home with a clean slate. Expunging or sealing records can be a complicated process to tackle alone, but our office is here to help. Contact the Law Office of Scott C. Smith today for a fresh start.

When a person has been arrested in Austin, Texas and other locations there are many reasons why it is important to arrange a jail release to get out of jail as quickly as possible.

• To reduce pressure to accept a plea bargain;
• To avoid jail time when none is likely to be imposed;
• To be able to freely work with defense counsel in preparing a defense; and
• To continue living one’s life in vital ways such as keeping a job, continuing one’s education, continuing to care for one’s family, etc…

The United States and Texas Constitutions guarantee everyone the right to have a reasonable bail set in their case so that a person who has been accused of an offense, but still is presumed to be innocent, will have a chance to defend oneself and to be guaranteed due process, which includes the right to a fair trial.  There are several ways to arrange a pretrial jail release including personal bonds, cash bonds, security bonds.

When a person is arrested, almost always a judge will set a bail that requires paying a certain amount of money.  When this money is paid, it is called a cash bond.  After the person accused makes all court appearances required for his case, that money is refunded, minus a small fee.

A personal bond, also referred to as a personal recognizance bond or a “PR bond”, is a judge’s decision to release a person from jail based on the accused’s promise to appear in court whenever summoned to do so.  Personal bonds often tend to be the least expensive way to secure a person’s release from jail in Austin, Texas, before trial since they do not require posting money with the jail to be held as security. In Travis County in Austin, the Pretrial Services office will typically interview all persons arrested and held in a Travis County Jail and then make recommendations to judges regarding whether to grant or deny personal bonds for jail release. In order to qualify for one, generally a person must show they have established connections in the county, will appear in court whenever directed to do so, and do not constitute a hazard to the community.

If a person cannot afford to post a cash bond, or secure a personal bond, the accused may hire a surety who will charge a fee to guarantee payment of the bail amount if the person accused fails to appear in court as required.  Typically sureties will charge from ten to twenty per cent of the full bail amount.  The money paid to the surety is a fee that they charge for this service and is usually nor refunded when the case is concluded.  This tends to be the most expensive way to secure a release from jail, however, when a Personal Recognizance bond or a cash bond cannot be arranged, it is usually much better to spend this money than sit in jail for months or years awaiting trial.

If you would like to arrange for someone you know to be released from jail, feel free to call us at any time at 512-474-6484.

If a friend or loved one is in jail, it is important to get them out as quickly as possible. Jail is distressing, keeps them away from their families and job, and delays the ability to work with a defense attorney. Scott Smith has over 20 years of experience with arranging Texas jail releases, and can help your loved one get out of jail as quickly and affordably as possible.

If someone you love has been arrested, it’s important to get them out of jail as quickly as possible. There are several reasons for that. First, they need to start preparing a defense as soon as possible. In order to do that, they need to be able to work freely with a defense attorney. Second, the longer someone is in jail, the more likely they will accept a plea bargain under pressure. Finally, being in jail disrupts people’s lives. For example, the longer your loved one is in jail, the more likely they are to lose their job. Additionally, being in jail disrupts life activities like attending classes or caring for children. Clearly, the less time that your loved one has to spend in jail, the better.

According to The United States and Texas Constitutions, everyone has a right to have a reasonable bail. Only when your loved one can afford to get out of jail can they get a fair chance to defend themselves. There are several ways to arrange a pretrial jail release including personal bonds, cash bonds, security bonds.

When a person is arrested, almost always a judge will set a bail that requires paying a certain amount of money.  When this money is paid, it is called a cash bond.  After the person accused makes all court appearances required for his case, that money is refunded, minus a small fee.

A personal bond, also referred to as a personal recognizance bond or a “PR bond”, is a judge’s decision to release a person from jail based on the accused’s promise to appear in court whenever summoned to do so.  Personal bonds often tend to be the least expensive way to secure a person’s release from jail in Austin, Texas, before trial since they do not require posting money with the jail to be held as security. In Travis County in Austin, the Pretrial Services office will typically interview all persons arrested and held in a Travis County Jail and then make recommendations to judges regarding whether to grant or deny personal bonds for jail release. In order to qualify for one, generally a person must show they have established connections in the county, will appear in court whenever directed to do so, and do not constitute a hazard to the community.

If a person cannot afford to post a cash bond, or secure a personal bond, the accused may hire a surety who will charge a fee to guarantee payment of the bail amount if the person accused fails to appear in court as required.  Typically sureties will charge from ten to twenty per cent of the full bail amount.  The money paid to the surety is a fee that they charge for this service and is usually nor refunded when the case is concluded.  This tends to be the most expensive way to secure a release from jail, however, when a Personal Recognizance bond or a cash bond cannot be arranged, it is usually much better to spend this money than sit in jail for months or years awaiting trial.

If you would like to arrange for someone you know to be released from jail, call us at any time at 512-474-6484.