Conditions of Bond or Pre-Trial Bail in Collin County, Texas

After you’ve been accused of committing a crime and arrested in Texas, it can often take several weeks or even several months to get the case dealt with and disposed of whether you plead guilty and receive community supervision or decide to have the case tried by a jury. During that time, you will helplessly and hopelessly sit in the county jail while you wait for your case to be resolved. But, if you’re like me, you don’t like wasting your valuable time sitting in jail. Luckily, people accused of a crime can usually post a bond, either in cash or through a bail bonds company, and get released from jail while their case is pending resolution. Worst case scenario, if they wait long enough and their case still hasn’t been filed, they’ll be entitled to a PR bond.

What does it Mean to Post Bond or Make Bail?

The Texas Constitution guarantees that all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident. Therefore, a person is usually entitled to a reasonable pre-trial bond which means that he or she can be released from jail while his or her case is pending resolution. However, the amount of bail in any case is within the discretion of the Court, or Judge, subject to the following rules:

• The bail shall be sufficiently high to give reasonable assurance that the person will appear at his or her subsequent court appearances and settings.
• Bail is not to be used as an instrument of oppression or punishment.
• The nature of the criminal offense and the circumstances under which it was committed are to be considered when setting a reasonable bail.
• The ability to make bail, or post bond, is to be taken into consideration when setting bail.
• The future safety of a victim of the alleged criminal offense and the community shall be taken into consideration when setting bail.

In addition to the above rules, the accused’s employment, family structure, community ties, length of residency, prior criminal record, and any aggravating circumstances alleged to have been involved in committing the offense may also be taken into account when setting bail.

What Conditions of Bond May be Imposed?

In Texas, a Judge may impose any reasonable condition on a person who is granted a pre-trial bond as long as it relates to the safety of a victim of the alleged offense or to the safety of the community and secures his or her presence at trial. Therefore, a Judge may impose any of the following conditions on a person who posts bond in Collin County, Texas:

• Prohibit the defendant from committing any further criminal offenses;
• Require the defendant to notify the Court Clerk if his or her address changes;
• Prohibit the defendant from directly or indirectly communicating with an alleged victim;
• Prohibit the defendant from going near a residence, school, or other location frequented by an alleged victim;
• Require the defendant to submit to a home curfew;
• Require the defendant to submit to electronic monitoring;
• Require the defendant to submit to home confinement;
• Require the defendant to submit to testing on a weekly basis for the presence of a controlled substance in the defendant’s body;
• Prohibit the defendant from operating any vehicle that is not equipped with a deep-lung device, or breathalyzer;
• Require the defendant to attend and receive counseling; and
• Require the defendant to provide a DNA specimen to a local law enforcement agency;

What Will Happen if You Violate the Conditions of Your Bond?

If you violate any of the conditions of your bond, the Judge who originally set the bond will revoke it and issue a warrant for your arrest. Usually when this happens and for obvious reasons, no bond is set on the resulting warrant. This means that you will be re-arrested, and you will have to remain in jail until the final disposition of your case. However, often times with the help of a skilled attorney, the Judge may be persuaded to grant a new bond or reinstate the original bond that was violated. If you have any further questions about requesting bond, posting bond, or the conditions of bond in Collin County, Texas, please feel free to contact me at (972) 372-4054.