Warning: If you violate pretrial release conditions in Texas, there can be serious Troubles
What is Pretrial Release in Texas
A pretrial release in Texas is a mechanism that allows individuals who have been arrested to be released from jail before their trial, under certain conditions. Here are the key aspects of pretrial release in Texas:
Types of Pretrial Release
- Personal Recognizance (PR) Bond: The defendant is released without paying bail, based on their promise to appear in court.
- Cash Bond: The full bail amount is paid in cash.
- Surety Bond: A bail bondsman posts the bond for a fee (usually 10% of the bail amount).
- Property Bond: Property is used as collateral for the bail amount.
Eligibility and Assessment
- Most defendants are eligible for pretrial release, except those charged with capital offenses or who have previous felony convictions.
- Courts use risk assessment tools to evaluate factors such as:
- Nature of the offense
- Defendant’s criminal history
- Community ties
- Flight risk
- Public safety concerns
Conditions of Release
Typical conditions may include:
- Appearing for all scheduled court dates
- Remaining arrest-free
- Maintaining employment or seeking employment
- Avoiding contact with alleged victims
- Submitting to drug testing or treatment
- Installing ignition interlock devices (for DWI cases)
Pretrial Services
Many Texas counties have pretrial services departments that:
- Conduct risk assessments
- Make release recommendations to the court
- Supervise defendants released on bond
- Monitor compliance with release conditions
Recent Changes in Texas Law
As of January 2023, Texas law now stipulates that:
- Most offenders can be released on personal recognizance
- Defendants are entitled to a pretrial release hearing within 48 hours of jailing
- Defendants have the right to an attorney at the hearing
- Automatic warrants for failure to appear have been replaced with additional hearings
What Happens If You Violate Pretrial Release In Texas
Potential Consequences
- Arrest warrant: The court may issue a warrant for your arrest if you violate the terms of your pretrial release.
- Revocation of release: Your pretrial release may be revoked, requiring you to return to jail until your trial.
- Higher bail amount: The judge may revoke your current bond and set a higher bail amount or change it to a different type of bond.
- Additional sanctions: The judge may impose additional penalties such as:
- Home arrest
- Electronic monitoring
- Substance abuse treatment
- Additional fees
- Other sanctions deemed necessary
- New criminal charges: Committing a new offense while on pretrial release is considered very serious and can result in enhanced penalties for the current offense as well as new charges.
Legal Process
If a violation is reported or discovered:
- A probation officer or law enforcement may issue an arrest warrant.
- You may be detained in county jail pending a hearing.
- A hearing will be held to determine if sufficient evidence exists that a violation occurred.
- If the violation is proven, the judge may impose consequences immediately.
Impact on Your Case
Violating pretrial release conditions can negatively influence your case outcome:
- It may be viewed as an indicator of your character by the court.
- You may face a harsher sentence if convicted.
- It can make it more difficult to negotiate a favorable plea deal.
Long-Term Effects
Beyond the immediate legal consequences, a pretrial release violation can have far-reaching effects:
- Employment challenges due to appearing on background checks
- Housing difficulties
- Financial burdens from legal fees and potential loss of income
- Strain on personal relationships
Given the serious nature of pretrial release violations, it’s best to comply with all conditions set by the court fully. If you’re accused of a violation, it’s favorably advisable to consult with an experienced criminal defense attorney promptly to protect your rights and explore your legal options.