If someone you love was just arrested, or you think there may be a warrant out for you, the next few hours and days matter. You do not have to figure this out alone.
I have seen the bond process from every seat in the courtroom: as a defense lawyer, a judge, and a prosecutor. I can explain what is happening and help you plan the next step.
What you’re facing
After an arrest
Under Article 15.17 of the Texas Code of Criminal Procedure, a person who is arrested must be taken before a magistrate without unnecessary delay, and no later than 48 hours after the arrest. This hearing may happen in person or by video.
The magistrate:
- Tells the person what they are accused of.
- Explains their rights, including the right to a lawyer and the right to remain silent.
- Sets bond, and may add bond conditions.
Types of bond
In Texas, bail can take different forms. The most common are:
- Cash bond: the full bond amount is deposited with the court.
- Surety bond: a bail bond company or other surety signs the bond.
- Personal bond: the person is released on their promise to appear, without sureties or other security. Some charges limit who can grant this kind of bond.
When setting bail, the court must consider several things. These include the nature of the charge, the person’s ability to make bail, the safety of any alleged victim and the community, and the person’s criminal history.
Bond conditions
A magistrate or judge may add reasonable conditions related to the safety of an alleged victim or the community. Examples include no contact with a certain person, no alcohol, an ignition interlock device, GPS monitoring, or regular reporting. Violating a condition can lead to the bond being revoked.
If there is a warrant
A warrant does not go away on its own. It can lead to an arrest at home, at work, or during a traffic stop. In many cases, there are ways to address a warrant that are less disruptive and more planned.
What to do now
If a loved one was just arrested:
- Write down their full name, date of birth, and the jail or county where they are held.
- Do not discuss the facts of the case on jail phone calls or video visits. Those calls are usually recorded.
- Call me so I can help with the bond and the next steps.
If you think there is a warrant for you:
- Do not ignore it.
- Do not turn yourself in before talking with a lawyer about a plan.
- Gather your ID and any court papers you have.
- Call me.
How I can help
I can help by:
- Explaining the charge, the bond, and the conditions in plain English.
- Asking the court to review a bond that is too high to pay, or conditions that are hard to follow.
- Helping you plan how to address a warrant, so you are prepared.
- Starting work on the case itself right away.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
How long until my loved one sees a magistrate? Texas law requires it without unnecessary delay, and no later than 48 hours after arrest.
Can bond be lowered? Sometimes. A lawyer can ask the court to review the amount or the conditions. The court looks at factors such as the charge, safety concerns, and the person’s ability to pay.
What happens if I violate a bond condition? The court can revoke the bond, and in some cases a violation can be a new criminal charge. Follow every condition exactly.
Should I just turn myself in? Talk with a lawyer first. Having a plan can make the process smoother and help you prepare for bond.
Talk with me now
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.