How Texas magistrates set bond amounts
A bond serves two functions: it assures the defendant returns to court, and it protects the community from potential harm. The magistrate must balance both. Setting the amount too low risks flight; setting it too high turns bail into pretrial detention. The Texas Code of Criminal Procedure expressly prohibits using bail as “an instrument of oppression” (art. 17.15(a)(2)).
For most misdemeanors and many felonies, magistrates work from a county-published bond schedule that lists default amounts by charge. These schedules are starting points, not ceilings. The magistrate departs upward or downward based on the specific facts of the case and the defendant's history. In Dallas County, the magistrate court publishes its current schedule online; Collin, Denton, and Tarrant counties use similar published guides with magistrate discretion to vary.
The Article 17.15 factors
Article 17.15 lists eight factors the magistrate must consider when setting bond. After the 2021 Damon Allen Act (Senate Bill 6), magistrates are also required to review the defendant's full criminal history before setting amount and must document their reasoning in writing for certain offenses.
| Factor | Effect on bond |
|---|---|
| Nature of the offense and circumstances | Higher for violent, drug-trafficking, weapons, or sex-offense charges |
| Ability to make bail | Defense may present evidence of indigence to argue for reduction |
| Future safety of victim, law enforcement, community | Higher with family-violence, weapons, or repeat-violent history |
| Criminal history (including FTA and family violence) | Higher with prior felonies, recent revocations, or prior failures to appear |
| Citizenship status | Magistrate may consider flight risk for non-citizens |
| Currently out on bail for another offense | Substantial enhancement; bond denial possible under Art. I, § 11b |
The Damon Allen Act also restricted personal recognizance (PR) bonds in cases involving certain violent felonies, requiring magistrates to set cash or surety bonds in those categories. It expanded magistrate-training requirements and created a uniform criminal-history check tool used at first appearance.
Typical bond ranges by offense class
The following ranges reflect DFW-area median bond amounts observed in 2024-2026 for first-time defendants without enhancements. Local schedules and individual magistrate practice vary; these are educated estimates, not legal entitlements.
| Offense class | Maximum punishment | Typical bond range |
|---|---|---|
| Class C misdemeanor | $500 fine; no jail | $200 – $1,000 (often PR bond) |
| Class B misdemeanor | 180 days jail; $2,000 fine | $500 – $2,000 |
| Class A misdemeanor | 1 year jail; $4,000 fine | $1,000 – $5,000 |
| State jail felony | 180 days – 2 years SJF; $10,000 fine | $2,500 – $15,000 |
| Third-degree felony | 2 – 10 years prison; $10,000 fine | $5,000 – $25,000 |
| Second-degree felony | 2 – 20 years prison; $10,000 fine | $10,000 – $50,000 |
| First-degree felony | 5 – 99 years or life; $10,000 fine | $25,000 – $100,000+ |
| Capital felony | Life without parole or death | Bail typically denied; if granted, extraordinarily high |
Enhancements that increase bond
Several aggravating circumstances push the bond amount above the baseline range:
- Family violence allegation — typically doubles the standard amount; the magistrate must consider victim safety and frequently adds GPS monitoring and protective-order conditions.
- Weapon used or possessed during offense — substantial increase under the “community safety” factor; often a 50–100% premium over the baseline.
- Prior felony conviction — doubles or triples the baseline. Multiple prior felonies push the bond into the hundreds of thousands for second- and first-degree charges, and may trigger denial under Art. I, § 11a (habitual violent offenders).
- Currently on bond, probation, or parole — magistrates impose a separate “hold” for the underlying case, plus a new high bond on the new charge; total bonds can easily exceed $100,000.
- Prior failure to appear (FTA) — even one prior FTA in the last few years can push the bond up 50–100%, and a recent FTA on the current case justifies revocation or substantial increase.
- Non-resident or out-of-state defendant — magistrates assess flight risk; bond may run 25–50% higher with surrender of passport sometimes required.
- Drug quantity or trafficking allegations — the larger the alleged quantity, the higher the bond; trafficking-level allegations in penalty group 1 routinely reach six figures.
Cash, surety, and PR bonds
- Cash bond
- The defendant or family deposits the full bond amount with the court. The money is refunded at case conclusion (minus fines and fees) regardless of outcome — even on dismissal. Cash bonds are practical only for low amounts; few families can deposit $25,000 in cash for a felony.
- Surety bond (bail bondsman)
- A licensed bail bondsman posts the full bond in exchange for a non-refundable premium of 10% of the bond amount (set by Tex. Occ. Code Ch. 1704) and sometimes collateral. The 10% is the bondsman's fee and is never refunded, even if the case is dismissed or the defendant is acquitted. Most defendants use surety bonds because they cannot front the full amount.
- Personal recognizance (PR) bond
- The defendant is released on a promise to appear, without money. PR bonds are most common for Class C and lower-level Class B misdemeanors where the defendant has local ties, no significant criminal history, and the offense is non-violent. The Damon Allen Act restricted PR bonds in certain violent-offense categories.
- Attorney bond (Walker bond)
- An attorney posts a bond on the defendant's behalf and is responsible if the defendant fails to appear. Permitted under Art. 17.04 in misdemeanors but not commonly used.
When bail is not available
Texas constitutionally guarantees bail in most cases, but three categories permit denial:
- Capital cases (Art. I, § 11). Bail is discretionary for capital murder when “proof is evident.” The State carries the burden at a denial hearing.
- Repeat violent felons (Art. I, § 11a). A defendant indicted for a second-degree felony or higher who has two prior felony convictions, or one prior felony plus a deadly-weapon finding, may be denied bail after a hearing.
- Offenses committed while on bond (Art. I, § 11b). A defendant arrested for a felony committed while out on bond for a prior felony may be denied bail.
In each scenario, the State must file a written motion, and the defendant gets a denial hearing within seven days of arrest. Otherwise, Art. 17.151 generally requires release on PR or reduced bond if the defendant is not indicted within statutory windows: 90 days for felonies, 30 days for Class A/B misdemeanors, 15 days for Class C, and 5 days for fine-only misdemeanors.
Asking the court to reduce bond
If the initial bond is unaffordable, defense counsel can file a Motion to Reduce Bond at any time after first appearance. The judge schedules a hearing where the defense presents evidence on the Art. 17.15 factors: ties to the community, employment, family obligations, lack of flight history, and ability to pay. Letters from employers, clergy, and family members are useful. The judge can lower the bond, leave it the same, or, in rare cases, increase it.
Common reduction outcomes include lowering the dollar amount, adding conditions (GPS, no-contact, no-alcohol) in exchange for reduction, or converting a cash-only requirement to a surety bond.
Conditions of release beyond money
Beyond the dollar amount, magistrates routinely impose conditions of release that, if violated, can result in bond forfeiture and new charges under Tex. Penal Code § 38.10 (bail jumping):
- No contact with the alleged victim or witnesses
- GPS or SCRAM (alcohol-monitoring) ankle device
- Ignition interlock device on any vehicle (mandatory for some DWI cases)
- No alcohol or controlled substances; random urinalysis
- No firearms possession (mandatory under federal law in family-violence cases — 18 U.S.C. § 922(g)(8))
- Curfew or home confinement
- Mandatory drug or mental-health treatment
- Surrender of passport (for non-citizens or those with international travel)
- Check-ins with pretrial services (weekly or biweekly)