Is Bail Required for People With Previous Arrests or Convictions?

 Posted on January 09, 2023 in Bail Bonds

When someone is arrested in Texas, they will often be required to post bail in order to be released from jail until their trial. Bail is an amount of money that is paid to the court as a guarantee that the accused will appear at their scheduled court appearances. If the defendant fails to appear, the court can keep the amount of bail that was paid and issue an arrest warrant for the person because of their failure to appear. It is important to understand how the laws in Texas determine when bail is required. When a judge sets an amount of bail, a person can obtain a bail bond that will allow them to be released quickly.

Texas Laws Affecting Bail

Over the past several years, ongoing debates have taken place surrounding bail for people who have been arrested and charged with crimes. Texas lawmakers have passed laws addressing this issue, and other laws have been proposed. Most recently, a 2021 law required cash bail in certain situations.

The Damon Allen Act, which was named for a state trooper who was killed during a traffic stop by a man who had been released on bail, prohibits the release of offenders charged with violent crimes on personal bond. A personal bond allows for a person to be released without paying bail. Under this law, people who are arrested and charged with violent or sexual offenses, including murder, aggravated assault, sexual assault, burglary, aggravated robbery, indecency with a child, or injury to a child, elderly individual, or disabled individual, may not be released on a personal bond. Personal bonds are also prohibited in cases where a person who has been released on bail after being charged with a violent crime is arrested and charged with another felony.

While the law requires cash bail for people charged with violent or sexual offenses, it also allows judges to deny bail in certain situations. Judges must consider whether requiring bail and imposing conditions of bail will reasonably ensure that the person will appear in court when required, as well as whether the person will pose a risk to public safety or the safety of the alleged victim. When determining whether to allow a person to be released and the amount of bail that will be required, judges may also consider a person's previous criminal history, including any arrests or convictions for violent offenses or other crimes that may indicate that they pose a risk to public safety.

Texas lawmakers are also looking to implement new laws that may affect bail for people who have been arrested. Senate Bill 21 would require cash bail for people who had previously been convicted of a violent crime. While this law has not yet been passed, it is still being considered by committees in the Texas legislature.

Contact a Plano Bail Bondsman

As laws and policies affecting bail in Texas change, people who are arrested may be confused about what they will need to do to get released. If you have been arrested, Doc's Bail Bonds can help you or your loved ones act quickly to post bail and ensure that you can get out of jail as quickly as possible. We provide affordable options for paying for bail bonds, and we will provide guidance to make sure you meet all requirements during your criminal case. Contact our McKinney bail agents today at 214-747-4110. We are available to assist you 24 hours a day and seven days a week.

Sources:

https://gov.texas.gov/news/post/governor-abbott-signs-damon-allen-act-into-law-at-safer-houston-summit

https://capitol.texas.gov/tlodocs/87R/billtext/html/SB00021E.htm

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm