Texas Bond Type Quick-Check

The Five Bond Types Available in Texas

Texas Code of Criminal Procedure Chapter 17 recognizes several mechanisms for pretrial release. In day-to-day practice across Collin, Dallas, Denton, and Tarrant counties, magistrates and judges most often select among five categories:

• Cash bond. The defendant (or someone on their behalf) deposits the full bond amount with the court. If the defendant appears as required, the deposit is returned (minus any applicable fees) at the end of the case. Cash bonds are common for smaller amounts and when no surety is available.
• Surety bond. A licensed bail bond company pledges the full bond amount in exchange for a nonrefundable premium — typically around ten percent — paid by the defendant or family. The surety assumes responsibility for the defendant's appearance and may surrender the defendant if conditions are violated.
• Attorney bond (CCP Art. 17.20). A licensed Texas attorney who is the attorney of record may post bond on the client's behalf. Availability varies by county; many courts limit attorney bonds by offense type and amount.
• Personal bond (CCP Art. 17.03). A written promise to appear with no cash deposit. Personal bonds are typically administered by the county's personal bond office, which screens applicants and recommends conditions to the court.
• Personal recognizance (PR) release. The least restrictive option — release on the defendant's signed promise to appear without bond or supervision. PR is most often used for Class C offenses, minor Class B cases, and defendants with deep community ties and no prior failures to appear.

CCP Article 17.15 — Factors a Magistrate Weighs

Article 17.15 of the Code of Criminal Procedure directs the magistrate or judge setting bail to consider several factors. The statute frames bail as a tool to secure appearance — not as punishment, and not as an instrument of oppression. The factors the court considers include:

• Nature of the offense and circumstances of its commission. Violent offenses, offenses involving weapons, and offenses against vulnerable victims tend to draw higher bond amounts.
• Ability of the defendant to make bail. Bond must be set high enough to give reasonable assurance of compliance, but not so high that it becomes an instrument of oppression.
• Future safety of the victim and the community. In family-violence and certain repeat-offender cases, victim safety is a separate, specific consideration.
• Defendant's work record, family and community ties, length of residency, and prior criminal record. These weigh in favor of less restrictive conditions when they show stable ties; against release when they show transient or unstable patterns.
• Conformity with prior bond conditions and prior failures to appear. A prior FTA or bond violation is one of the strongest single factors driving higher bond and stricter conditions.

Special Statutes: Family Violence, DWI, and Capital Cases

Family violence allegations. When the arrest involves a family-violence offense, CCP Article 17.292 authorizes the magistrate to issue an emergency protective order at the time bond is set. The order may prohibit contact with the alleged victim, require the defendant to vacate a shared residence, surrender firearms, and impose other safety conditions. Violating an Article 17.292 order is a separate criminal offense under Penal Code §25.07.

DWI cases. For DWI arrests with prior convictions and for first-offense DWI with high breath or blood alcohol concentrations, Texas law requires an ignition interlock device as a bond condition under CCP Article 17.441. Newer statutes also expand interlock and continuous-alcohol-monitoring conditions to additional DWI cases.

Capital and life-eligible cases. The Texas Constitution (Article I, §11) gives a right to bail in most cases, but Article I, §11a allows denial of bail in narrowly defined circumstances — including capital cases where proof is evident — and other Article I provisions allow denial in certain repeat felonies and in family-violence cases where the defendant has previously violated bond conditions.

Conditions of Bond and Modification

In addition to the monetary amount, a Texas bond often carries conditions designed to address the §17.15 factors. Common conditions include:

• GPS monitoring or ankle monitor in higher-risk cases.
• No-contact orders with alleged victims or co-defendants.
• Ignition interlock for DWI cases.
• Drug or alcohol testing, with mandatory abstention from controlled substances.
• Curfew and travel restrictions, including surrender of passport in flight-risk cases.
• Reporting requirements to a personal bond office or pretrial services.
• No firearm possession during the pendency of the case.

Conditions may be modified by motion. A defendant may file a motion to reduce bond or to modify specific conditions; the State may file a motion to revoke or to add conditions if circumstances change. Bail-review hearings give counsel the opportunity to present employment records, family-tie evidence, and proposed conditions designed to address the court's concerns.

Bond Forfeiture and Reinstatement

If a defendant fails to appear or violates bond conditions, the court may declare the bond forfeited under CCP Chapter 22. A judgment nisi (a preliminary forfeiture order) issues, followed by a hearing where the defendant and the surety must show cause why the judgment should not become final. Statutory and equitable grounds for setting aside forfeiture exist — including illness, mistake, and certain procedural defects — and counsel may file a motion for reinstatement that addresses the missed appearance and proposes new conditions to address the underlying risk. The surety company that wrote the bond also has incentives to locate the defendant and produce them in court before forfeiture becomes final.