According to Section 11 of the Texas Constitution, “all prisoners shall be bailable by sufficient sureties, unless for capital offenses.” This means, in most cases, you cannot be held without bond.
However, according to Texas Code of Criminal Procedure §17.152, bond can be denied if the court determines:
- You violated court orders or conditions of bond in a family violence case.
- Someone’s safety is believed to be in jeopardy.
- The safety of the community is believed to be in jeopardy.
- You were in a prohibited area and are believed to pose a threat of potential harm.
According to Art. 17.153 of the Texas Code of Criminal Procedure, you can also be denied bond if a child is the alleged victim of the crime for which you are arrested.
No one wants to spend a night in jail if it can be avoided. If you have been arrested and are facing the possibility of not being released on bond, you have the right to retain a lawyer’s help. A legal team can act on your behalf with the end goal of having the charges against you dismissed.
Factors a Judge Will Consider When Determining Bond
When a judge determines bond for an accused person, they consider the following:
- The person’s ability to pay it. The judge cannot set an “oppressive” bond.
- The nature of the offense for which the person was accused
- Whether the amount of the bond would prompt the accused to appear (i.e., the bond amount should only be high enough to ensure the person appears in court)
- The victim’s safety as well as that of the community
- Whether the judge believes the accused will appear in court
A judge can also set bond conditions. If you violate these conditions or you face new charges, the judge can revoke your bond.
For a free legal consultation, call 713-225-1900
You Cannot Be Held without Bond Indefinitely
When you are arrested and charged with assault or another crime, you can be held without bond if the court deems it necessary. Generally, you cannot be held without bond forever.
According to Texas Code of Criminal Procedure §17.151, the state must either release you on a personal bond or reduce your bail if it is not ready to proceed to trial in a specified length of time. You must have a bond set or have your bail amount reduced if you have been held for:
- 90 days if accused of a felony
- 30 days if accused of a misdemeanor with a jail time penalty of more than 180 days
- 15 days if accused of a misdemeanor with a jail time penalty of fewer than 180 days
- 5 days if accused of a misdemeanor with no potential jail time penalty
If you believe you should have been released on bond (or you served the allotted amount of time without a bond), a lawyer can fight for your release. The consequences of an arrest and a denied bond do not need to negatively impact your personal, social, and professional life.
A Defense Lawyer Can Fight for You
Fighting criminal assault charges on your own can be daunting. You do not have to fight alone. A criminal defense lawyer can help minimize the potential damage to your standing in your community and career. When a criminal defense team goes to work for you, they can:
- Work hard to get you released on bond or bail
- Carefully and confidentially evaluate your case
- Make sure your rights were not and are not violated
- Negotiate a dismissal or a reduction in charges
Our goal is to fight hard for your future and work diligently to have the charges against you dismissed. Avoid the possibility of spending an extended time in jail and the potentially damaging effects of an arrest or conviction. Legal representatives can help protect your good name, career, and family.
Blass Law Fights Hard for Every Client
If you or someone you love was arrested, you can be held without bond. Our goal is to make sure you have the team and tools you need to receive bond and defend yourself against any charges. When you are facing an uncertain future, you do not have to face it alone.
Contact the criminal defense team at Blass Law by calling (713) 225-1900 today.