JAIL RELEASE


We also offer the following services:

• 24 Hour Jail Release and Free Attorney Bonds for our Clients
• Writs for Dallas, Tarrant, and Collin Counties.
• Bond Reduction Hearings
• Appearance Bonds

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BAIL BOND LAWS


All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. Texas Constitution.

With narrow exceptions, Article I, Section 11 of the Texas Constitution provides all prisoners a right to bale pending trial. A defendant has a liberty interest in bail, which requires the protection of the due process clause of the Fourteenth Amendment. The primary purpose of a bond is to ensure the defendant's presence court at all proceedings. The decision regarding a proper bail amount is within the trial court's discretion. A trial court does not have inherent authority to impose conditions on a defendant's pre-trial bond that are not authorized by statute.

What is the Amount of Bail?

The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.

The court may also consider the following factors such as:

Accused's work record, family and community ties, length of residency, prior criminal record, if any, and conformity with the conditions of any previous bond; Existence of outstanding bonds, if any.
Alleged aggravated circumstances involved in the offense.

Statutorily Authorized Bond Conditions

• Ignition Interlock Device
• Home Curfew or Electronic Monitoring
• Conditions Related to Victim or Community Safety
• Conditions Where Child is Alleged Victim
• Drug Testing
• Submission of DNA Specimen

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PERSONAL BONDS


Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county.

Release of the Defendant Because of Delay

A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:

(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.


The provisions of this article do not apply to a defendant who is:

(1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3) incompetent to stand trial, during the period of the defendant's incompetence; or
(4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.

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