What Factors Determine If You Can Be Released on Bail in Texas?

After an arrest, one question comes first: how do I get out, and what will it cost? Peter M. Barrett has been licensed in Texas since 1994, has tried more than 150 jury trials, and is a Past President of the Dallas Criminal Defense Lawyers Association (2005). For the mechanics of posting a bond, see bail bonds in Dallas County.

The seven rules a magistrate must follow

Art. 17.01 defines bail as the security the accused gives that he will appear and answer the accusation. Art. 17.15(a) governs the amount and "any conditions of bail":

1. Bail and conditions "shall be sufficient to give reasonable assurance that the undertaking will be complied with."
2. "The power to require bail is not to be used to make bail an instrument of oppression."
3. The nature of the offense and its circumstances are considered, including whether it involves violence, or violence against a peace officer.
4. "The ability to make bail shall be considered, and proof may be taken on this point."
5. "The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered."
6. Criminal history record information shall be considered, "including any acts of family violence, other pending criminal charges," and any past failures to appear.
7. "The citizenship status of the defendant shall be considered."

Rules 5 and 6 are mandatory and easy to miss. Art. 17.028(b) adds that the magistrate "shall impose the least restrictive conditions, if any," and 17.028(d) bars a schedule that skips a factor.

The kinds of release Texas allows

Art. 17.028(a) gives a magistrate three options.

When a personal bond is off the table

Under art. 17.03(b-2), with exceptions in arts. 15.21, 17.032, 17.033 and 17.151, there is no personal bond for a defendant charged with an "offense involving violence," terroristic threat at Class A misdemeanor level or higher, violating certain orders under Penal Code sec. 25.07, or unlawful firearm possession. The same bar covers a felony charged while the defendant is on bail, parole or supervision for a violent offense.

Art. 17.03(b-3)(2) defines that term by listing Penal Code sections: murder, kidnapping, trafficking, sexual assault, aggravated assault, aggravated robbery and others. See violent crimes defense and assault penalties.

Bond conditions, and what a violation costs

Art. 17.40(a) lets a magistrate impose "any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community." Under 17.40(b), the magistrate may revoke only on a preponderance finding at a hearing, and on that finding "shall revoke the defendant's bond and order that the defendant be immediately returned to custody."

Art. 17.44(a) authorizes home confinement with electronic monitoring and weekly drug testing. Under 17.44(c) the magistrate may revoke the bond and order an arrest for violating the monitoring, failing a test, or not paying the fee.

Where the alleged victim is a child under 18, art. 17.41(b) says a magistrate "shall require" that the defendant not directly communicate with the victim and not go near a residence, school or other location the victim frequents. That condition outranks an existing child access order for up to 90 days.

When bail can be denied

Texas Constitution art. I, sec. 11 is the starting point: "All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident." Bail on a felony is generally available, subject to four exceptions.

• Sec. 11a. Denial after a hearing, on evidence substantially showing guilt, for certain repeat felony offenders and people accused of listed violent or sexual offenses. The district judge's order is set aside if there is no trial within 60 days, unless the accused obtains a continuance.
• Sec. 11b. Denial where a felony or family violence defendant had bail revoked or forfeited, if a judge finds by a preponderance that the violated condition related to safety.
• Sec. 11c. Lets the legislature provide for denial where a person violates a protective order in a family violence case.
• Sec. 11d. Covers murder, capital murder, aggravated assault causing serious bodily injury or done with a listed weapon, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, and trafficking.

A person sec. 11d covers "shall be denied bail pending trial" if the State shows, by a preponderance, that bail cannot reasonably prevent wilful nonappearance, or, by clear and convincing evidence, that bail cannot reasonably ensure the safety of the community, law enforcement and the victim. A judge who grants bail must write findings, and you get counsel.

This is the text published as current to January 1, 2026. Texas bail law has changed repeatedly in recent sessions, so ask your lawyer which version governs your case. Parts of art. 17.027, which limits who may set bail on a new felony committed while on bail, are published as effective April 1, 2026.

How long it takes to get bail set

Art. 15.17(a) requires that you be taken before a magistrate without unnecessary delay, "but not later than 48 hours after the person is arrested," in person or by videoconference. The magistrate states the accusation, gives the warnings, then admits you to bail if the law allows.

Art. 17.028(a) runs on the same clock. Within 48 hours, after individualized consideration of all circumstances and the art. 17.15(a) factors, the magistrate must make that call. On a felony, art. 17.21(b) also requires the magistrate to have seen the defendant and read the public safety report.

Art. 17.033 is a backstop after a warrantless arrest with no probable cause finding. A misdemeanor arrestee must be released on bond of no more than $5,000 by the 24th hour, a felony arrestee on no more than $10,000 by the 48th hour, and anyone who cannot post it "must be released on personal bond."

Changing the amount after it is set

A first number is not a final number.

• Art. 17.028(f) to (h). A defendant charged with a Class B misdemeanor or higher who cannot pay may file a sworn affidavit and is "entitled to a prompt review by the magistrate on the bail amount." Staying at the scheduled figure requires written findings.
• Art. 17.09 sec. 3. If the court finds the bond "defective, excessive or insufficient in amount," or "any other good and sufficient cause," it may require a new bond in an amount it deems proper.
• Art. 11.24. A person held for failing to enter into bond is entitled to habeas corpus if the application states there was no sufficient cause for requiring bail, or that the bail is excessive. If the proof sustains it, the bail is reduced or the person discharged.
• Art. 17.151. A defendant still in jail must be released on personal bond, or on a reduced amount, if the State is not ready for trial within 90 days on a felony, or shorter periods on misdemeanors.

What happens if you do not appear

Under art. 22.01, when a defendant bound by bail fails to appear as required, "a forfeiture of his bail and a judicial declaration of such forfeiture shall be taken" under art. 22.02.

Penal Code sec. 38.10 is the criminal side. A person released on condition that he later appear commits an offense by intentionally or knowingly failing to appear. It is a Class A misdemeanor, a Class C misdemeanor if the underlying offense is fine only, and a third degree felony if it is a felony.

What a lawyer does at a bond hearing

No lawyer can control what a court decides. Counsel's work is to put the statutory factors before the magistrate with proof, since art. 17.15(a)(4) allows proof on ability to pay: pay stubs, monthly obligations, and what family can raise. A number nobody can post is the argument itself.

• Employment and community ties. These speak to rule 1, reasonable assurance of appearance. A job that ends if you stay in jail, a lease, children in school and years in the county are the proof.
• A supervision plan. Art. 17.028(b) calls for the least restrictive conditions that work, so a specific proposal, such as monitoring under art. 17.44, offers an alternative to a larger number.

Conditions deserve as much attention as the number. One that keeps you out of your home can send you back to jail under art. 17.40(b), so ask for a modification. Read more on your right to remain silent and the first 48 hours after a Dallas arrest, or call (214) 526-0555.

Common questions

This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.