Having an attorney post your bond and represent you in court is a tricky situation. Attorney bail bonds in Texas are a legal practice, and there are attorneys who advertise this service rather openly. But defendants about to face trial have to be careful. They need to understand the situation they are putting themselves in before taking that step.
It should also be stated that having an attorney represent a defendant and also act as a bail bond agent is not legal in every state. That should be your first indication as to the ethical conflict of this matter. States recognize that by putting defendants in this situation, they may be compromising the integrity of the court process.
What is Attorney Bonds?
The reason we say defendants should be careful when hiring a lawyer who also intends to serve as a bail bond agent is because of the potential conflict of interest. The thing to remember about bond is that it is based on the defendant showing up for court. If the defendant does not show up, the bond is lost. Attorneys are well aware of this, and if they are simultaneously representing you and have your bond, then that means they can use the information they receive as your attorney to serve their purposes as bail bond agents.
Let’s say, for example, that your attorney receives new evidence that is damaging against your case. He or she may be hesitant to inform you because that information may cause you to skip out on bail, which would result in the attorney losing the bond he or she put up.
The reverse of this situation is that a bail bond agent acting as an attorney may receive information that causes him or her to pull the bond. Attorneys are not in the business of losing money, so if they feel like there is a chance you may not show up for court—whether that feeling is warranted or not—they have the right to pull that bail.
What that means for you, as a defendant, is that you can show up for court as agreed and still be facing bond revocation because your attorney didn’t trust you. And because your attorney pulled your bond, you could bet that he or she is no longer representing you, which means you are on your own again.
Another factor to keep in mind is that it is not guaranteed that you will approve of the job your lawyer is doing. But will you still take the chance of relieving your lawyer of his or her duties knowing that he or she also holds your bond? Possibly, but you can bet that if you do find a new lawyer, chances are you will also be looking for a new bail bond agent.
Let Everyone Do Their Job
Though it may sound somewhat appealing to have your attorney also act as your bail bond agent, thinking deeper about the situation will show that it is actually not the best idea. At PCS Bail Bonds, we believe you should let those professionals do their jobs separately.
We know and have worked with some great defense lawyers who are excellent at what they do. And we feel that when it comes to bail bonds in Texas, we are one of the best in the business. As a defendant, you want your lawyer to be behind you at all times without having to think about the possibility of losing money or be conflicted about sharing information for fear of how you may react.
There is a lot to consider when choosing a bail bonds agent. Contact us today and we’ll provide answers to any and all of your questions.