In most states, it is not permitted for an attorney to bail out a defendant themselves. However, in a handful of states, attorneys are allowed to post bonds for their clients. This is reliant on the fact that the attorney has a license at the time the bond is being posted. While attorney bail bonds may be legal in certain states, there have been many states that believe the practice leads to a conflict of interest and have therefore not allowed it.
Can an Attorney Post Bond in Texas?
In the state of Texas attorney are allowed to post bonds for their clients. Texas allows its attorneys to act both as lawyers representing their clients, and as bail bondsman posting their bail. While it is allowed and a considered a legal action, it doesn’t mean it is the best idea for an attorney.
Attorney’s Writing Bail Bonds: Is There a Conflict of Interest?
The main objection to having an attorney double as a bail bondsman is that there is an obvious conflict of interest. To understand the conflict, you must first understand the role of the bail bondsman and the implications of their work. Part of the duties of a bail bondsman is that they are on the hook should the defendant not appear in court. This means they can lose the full amount of the bail should this ever happen.
This is a normal risk that traditional bail bondman understand. But traditional bail bondsman do not know specifics of your case inside the courtrooms, or the chances of you being found innocent or guilty. They are there simply to provide the service of your bail based on the judge and court’s approval.
A lawyer knows the specifics of your case. They know, or are supposed to know, pretty much every detail of the case. While this is beneficial in terms of them representing you as your lawyer in court, it presents a problem if you choose to have them represent you as a bail bondsman. That’s because they may not be completely forthright with you as your lawyer knowing that their money is on the line should you not show up to court.
On the flip side of things, a lawyer may jump the gun on a defendant’s bail and pull their bond quickly. This happens in situations where they receive new information related to a defendant’s case, often in a confidential manner. The lawyers may not even choose to communicate this information with their clients who they are sworn to defend, and instead unfairly pull the bail because of what they have just discovered.
Avoid One Stop Attorney Bail Bonds
Although it is legal, defendants should avoid having an attorney also act as their bail bondsman. If a defendant does decide to have a lawyer represent them in both respects, they are completely locked in. And what if, as a defendant, you no longer wish to have that lawyer to represent you? It is your right to be able to find a new lawyer, but how likely do you think it is that the lawyer you just fired will keep the bail bond on the books?
At the end of the day, there are too many other options for bail. Using a traditional bail bondsman is usually the best means of achieving bail should you ever get arrested.
PCS Bail Bonds has over two decades of bail bond experience throughout Tarrant County. We have more than enough knowledge to help fulfill your bail proceedings. If you want to know more about how the bail bonds process works, click here. We’re here to help you any way we can.