Bail & Bond
Texas bail, bond, magistration, pretrial release, surety, and jail-release procedure.
Topic Overview
Texas bail is governed by Tex. Code Crim. Proc. Chapter 17 and the Texas Constitution's strong presumption that 'all prisoners shall be bailable' except for certain capital offenses (Art. I, §11). Within that framework, the magistrate sets the bail amount based on five §17.15 factors: nature of the offense, sufficient to secure appearance, defendant's ability to pay, future safety, and any other factor. Bail can be posted four ways: cash, surety bond (10% paid to a bondsman), personal bond (PR bond — no money required, signed undertaking), or attorney bond (the attorney signs as surety). Conditions of bond can include GPS monitoring, no-contact orders, alcohol abstinence with portable breath testing, ignition-interlock devices for DWI bonds, and weapons surrender. Reggie London and Njeri London, Co-Founding Partners at L and L Law Group, handle bond reduction motions, condition modifications, and bond revocations across the four-county metroplex. The posts below cover the magistrate's role, when a PR bond is appropriate, how a bond reduction motion works, the strict-conditions versus liberal-conditions calculus for DWI and family-violence cases, and what triggers bond revocation.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Texas Bond Amount Estimator, Federal Pretrial Detention Risk, Texas DWI Penalty Calculator.
Legal Glossary
Defined terms: Personal bond (PR bond), Surety bond, Bond conditions.
Practice Area
If you are facing a charge, see Bail & Bond — Practice Area for representation details.
Key Defined Terms
- Personal Bond
- A bail mechanism under Tex. Code Crim. Proc. art. 17.03 in which the defendant pays no money up front but undertakes to appear and forfeit the bond amount if they fail to do so. Also called a 'PR bond' or 'recognizance bond.'
- Surety Bond
- A bond posted by a licensed bail bondsman, typically requiring the defendant to pay a non-refundable 10% premium of the total bond amount. The bondsman guarantees the full amount to the court if the defendant fails to appear.
- Bond Conditions
- Court-imposed restrictions on a defendant's pretrial liberty under Tex. Code Crim. Proc. art. 17.40-49. Common conditions include GPS monitoring, no-contact orders, ignition interlock for DWI cases, and weapons surrender.
Frequently Asked Questions
What is a personal bond in Texas?
A personal recognizance (PR) bond under Tex. Code Crim. Proc. art. 17.03 — a written undertaking by the defendant to appear at all court settings, with no money posted up front. The defendant agrees to pay the full bond amount only if they fail to appear. PR bonds are most commonly granted for first-time offenders with stable ties to the community and non-violent allegations. Some jurisdictions (Harris County, Dallas County in non-violent misdemeanors) issue PR bonds at booking; others (Collin, Denton, Tarrant) typically require a magistrate's hearing.
How does a bond reduction motion work in Texas?
Defense counsel files a written motion under Tex. Code Crim. Proc. art. 17.15 requesting the court to lower the bail amount or substitute a different bond type (e.g., surety to PR). At the hearing, the defense presents evidence on the §17.15 factors — including the defendant's ties to the community, employment, family support, prior court appearances, financial means, and the actual safety risk. The State may oppose with evidence on the offense severity and risk of flight. The court has broad discretion.
What is the magistrate's role at a Texas bond hearing?
Tex. Code Crim. Proc. art. 17.20 — within 48 hours of arrest, the magistrate must inform the defendant of the charges, the right to counsel, the right to remain silent, and set bail. The magistrate considers the §17.15 factors and may impose bond conditions under art. 17.49 (GPS, no-contact, IID, alcohol monitoring). In family-violence cases, the magistrate often issues an Emergency Protective Order at the same time under art. 17.292.
Can a Texas bond be revoked?
Yes. The State can move to revoke bond under Tex. Code Crim. Proc. art. 17.40 for violation of bond conditions, commission of a new offense while on bond, or failure to appear. The defendant is entitled to a hearing, and the standard is whether the State proves the violation by preponderance of the evidence. Revocation typically results in re-arrest and either no bond pending trial or a substantially higher amount.
What is a 'no bond' in Texas?
A magistrate's decision under Tex. Code Crim. Proc. art. 17.151 to deny bail entirely. Reserved for capital offenses where the proof is evident or the presumption great (Tex. Const. Art. I, §11) and for certain habitual-offender situations under §11a. 'No bond' can also be a temporary status pending a bond hearing — for example, when a defendant is arrested on multiple warrants or holds from different counties and the bond on each must be separately addressed.
What Is a Surety Bond in Texas? Bail Bond Guide
A surety bond is a three-party guarantee: defendant + bail bondsman + court. Texas bail bonds typically cost 10-15% of bond amount, non-refundable.
Texas Bail Bond Reform — What Changed and How It Affects You
Texas bail bond reform timeline: 2017 federal lawsuits, 2019 SB 1318, 2021 SB 6 (post-Damon Allen), constitutional amendment efforts. Current bail framework.
Can You Travel on Bond in Texas?
Travel on bond in Texas requires court approval for out-of-county or out-of-state trips. Some bonds restrict travel; some allow within-state movement. Specific rules.
Failure to Appear Bond Amount Texas — Bail Jumping Charges Explained
Failure to appear in Texas creates new charge under Penal Code §38.10 (Class A misdemeanor or felony depending on underlying offense). Bond is forfeited; warrant issued.
Felony Bond Conditions in Texas — Pre-Trial Release Requirements
Texas felony bond conditions: financial (cash, surety, PR), monitoring (GPS, drug testing), restrictions (firearms, no-contact), location (residence, travel). Categories explained.
Texas SB 8 Bail Reform (2023) Explained
Texas SB 8 Bail Reform (2023) — overview, defense implications, and L and L Law Group representation.
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