In Texas, bail bond laws are different from county to county. Although there is a state statute governing bonds, most counties have their own rules as well. When choosing a Texas bail bondsman, be sure that they follow all Texas bail bond laws, rules and regulations of the county.
One of the biggest rules is that bondsmen in Texas are not allowed to have an office within a lawyers office (or law firm building). Some of the other important rules for Texas bail bonds is:
- Always get a receipt for your bail
- Always use a reputable bail bonds agency
- Be sure you know and understand the laws in your county as it pertains to bail
- Contact the county bail bond board to check on the bond company or bail agent
- Always check in with your bond agent
Texas Bail Bond Laws
While there are 36 pages within the PDF HowBailBondsWork.com has compiled, we’re posting what we feel is important to those looking for fast Texas bail bond laws. At the bottom of this page are links to the Texas State Statutes as well as a downloadable PDF about the bail laws in Texas.
Arrested Without Warrant: Bail Eligibility
Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person’s arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person’s arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a), (a-1), or (b) for not more than 72 hours after the person’s arrest. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.
(d) The time limits imposed by Subsections (a), (a-1), and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. For a person described by this subsection, the time limits imposed by Subsections (a), (a-1), and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.
What is Required From a Defendant on Bail In Texas
Art. 17.04. REQUISITES OF A PERSONAL BOND. A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. In addition, a personal bond shall contain:
- The defendant’s name, address, and place of employment;
- Identification information, including the defendant’s:
- Date and place of birth
- Height, weight, and color of hair and eyes
- Driver’s license number and state of issuance, if any
- Nearest relative’s name and address, if any
- the following oath sworn and signed by the defendant:
“I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.”
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Texas Bail Bond Laws: https://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm