Types of Bonds

Personal Bond (PR Bond)

If you’re eligible for a Personal Bond (sometimes called a PR bond), you’ll be released without having to pay any money upfront. Instead, you promise to return for all your court dates and follow any conditions the judge sets.

• How It Works: After you’re arrested, Pretrial Services will interview you and evaluate whether you’re able to get a personal bond. The judge will consider Pretrial Services' recommendation as well as your criminal record, the nature of your charges, and whether you have strong ties to the community. If Pretrial Services does not recommend you for a Personal Bond, an attorney can still advocate for a Personal Bond on your behalf. If the judge grants you a Personal Bond, you’ll be able to leave jail as soon as the paperwork is processed.
• Conditions of a Personal Bond: If you’re released on a Personal Bond, you’ll likely need to follow specific rules, including regular check ins with Pretrial Services and staying within the state. If you break any of these rules, the court can revoke your bond, which means you’d be re-arrested and forced to post a different, often higher bond to get out of jail again.
• You are not eligible for a Personal Bond if you are charged with a violent felony offense or in certain situations where you are already on bond and are arrested for a new offense. However, your lawyer can advocate to the judge for a low or affordable bail amount so that you can either post a cash bond or a surety bond in order to get released from jail. 

Cash Bond

If the judge requires you to post a cash bond, you or your family must pay the full bond amount upfront to the court to secure your release. Cash bonds are more common in cases where the judge believes a financial guarantee is necessary to ensure that you return to court.

• Example: If your bond is set at $5,000, you (or your family) must pay the entire $5,000 to the court to get you out of jail. The court holds onto this money until your case is finished. If you attend all of your court dates, the court will refund the bond (minus any court fees). However, if you miss a court date or violate any bond conditions, the court can keep the money, and a warrant for your arrest will be issued.
• When Are Cash Bonds Used?: Cash bonds are usually reserved for more serious offenses or when you have a history of not showing up to court. If you can afford it, a cash bond can secure a faster release from jail than some other options, but the upfront cost can be high.

Surety Bond

Most people are eligible for a surety bond if they cannot afford to pay a cash bond of their full bond amount. .

• How It Works: Let’s say your bond is set at $10,000. You can hire a bail bondsman to post the bond for you, but you’ll need to pay them a fee, usually 105% of the total bond amount. So, in this case, you’d pay the bondsman $1,0500. In return, they’ll post the bond to the court and guarantee that you’ll show up to all of your court dates.
• Important Considerations: Keep in mind that the fee you pay to the bail bondsman can’t normally be refunded, even if you attend all of your court dates. If you miss a court date, the bondsman is responsible for paying the full bond amount to the court, and they can come after you or anyone who co-signed the bond for the money.

Attorney Bond

An attorney bond works similarly to a surety bond, but instead of a bail bondsman, your criminal defense attorney posts the bond for you. In return, you pay your attorney a non-refundable fee, usually a percentage of the total bond amount, just like you would with a bail bondsman.

• Benefits of an Attorney Bond: One advantage of using an attorney bond is that your attorney can start working on your case right away. If your attorney handles both your bond and your defense, they may be able to apply the bond fee to your overall legal fees, making it more cost-effective.
• When to Use an Attorney Bond: If you already have legal representation and want to streamline the process, an attorney bond could be a good option. It also ensures that your lawyer has a deeper understanding of your case from the very beginning, which can be helpful in building your defense.

Bond Conditions In Texas

Regardless of which type of bond you use, the judge will likely impose conditions on your release. It’s crucial to follow these conditions to avoid being re-arrested or having your bond revoked.

• Check-Ins with Pretrial Services You may be required to check in regularly with Pretrial Services, either by phone or in person. These check-ins allow the court to monitor whether you’re following the rules of your bond.
• No Contact Orders If you’re facing charges related to violence or harassment, the judge may issue a no-contact order that prohibits you from contacting the victim or any witnesses while your case is pending. Violating this order can lead to consequences, such as immediate re-arrest.
• Travel Restrictions In many cases, you’ll be required to stay within Travis County or the state of Texas while awaiting trial. If you need to travel for any reason, you’ll need to get permission from the court in advance.
• Drug and Alcohol Testing If your charges involve drugs or alcohol, the court may require you to undergo regular drug and alcohol testing. Failing a test can result in your bond being revoked.

• GPS Monitoring In some cases, the court may require you to wear a GPS ankle monitor that tracks your movements. This is usually ordered when there’s concern that you might try to flee or when the charges involve domestic violence or other serious crimes.
• Curfew Some bond conditions may require you to stay at home during specific hours. This is known as a curfew, and failing to comply with it can lead to bond revocation.

What Happens If You Violate Bond Conditions?

Violating any of these bond conditions can result in the court revoking your bond and issuing a bench warrant for your arrest. If this happens, you’ll be re-arrested, and you may have to post a higher bond to be released again. Violating bond conditions also makes it harder to argue for more lenient treatment later in your case.

Missing a Court Date

If you miss a scheduled court date while you’re out on bond, the judge will likely issue a bench warrant for your arrest. This means law enforcement will have the authority to arrest you at any time. Consequences include:

1. Bond Forfeiture: If you fail to appear in court, any bond you posted—whether it’s a cash bond, surety bond, or attorney bond—can be forfeited. This means you or the bail bondsman will lose the money posted, and you may be required to post a new bond to get out of jail again.
2. Additional Charges: In some cases, missing court can lead to new criminal charges, such as failure to appear, which can result in additional penalties, including fines and jail time.

If you know in advance that you can’t make it to a scheduled court date (for example, due to illness or a family emergency), contact your criminal defense attorney immediately. They can file a motion to continue the hearing, which means the court date will be rescheduled to a later date. As long as this is done in advance, it can help you avoid a bench warrant and bond forfeiture.

Requesting a Bail Reduction

If your bond amount is too high for you or your family to afford, your attorney can request a bail reduction hearing. During this hearing, your lawyer will argue that the bond is excessive based on your financial situation, ties to the community, and the nature of the charges against you. The court considers the following factors when deciding:

• Your employment status and ability to pay.
• Your family ties and how long you’ve lived in the area.
• The seriousness of the charges.
• Any criminal history you may have.
• Your flight risk (whether you’re likely to return for court dates).

Bail reduction hearings are particularly important for individuals facing high bond amounts, as staying in jail for a long time can disrupt your life, including your job, housing, and family responsibilities.

Early Release via Habeas Corpus

In some rare cases, if you believe you are being unlawfully detained or if your release has been excessively delayed, your attorney can file a writ of habeas corpus. This legal document asks the court to review the legality of your detention and can result in your immediate release or a reduction in your bond.

While habeas corpus is a more complex legal tool, it can be used in cases where procedural errors have occurred or your release is being delayed without justification.

Post-Release: Community Support Programs

After you’re released from jail, there may be community programs available to help you while you await trial. These programs can offer support in areas like employment, housing, and counseling.

• Employment Assistance: If you need help finding a job, some programs can assist you while you’re out on bond.
• Housing Support: If your bond conditions prevent you from returning home, such as in cases involving no-contact orders, there may be housing programs available to help.
• Counseling Services: If you’re dealing with mental health or substance abuse issues, counseling services can help you stay on track and comply with your bond conditions.

Bail for Out-of-County Warrants

If you're arrested in one county for an offense committed in another, bail bond procedures can vary. In these cases, specific rules govern how bonds can be posted across counties, and the financial capacity of bondsmen to execute bonds for out-of-county warrants can come into play. This can impact how quickly a release can be secured, so it’s important to consult with a lawyer familiar with such cross-county procedures.

Limitations on Bail for Repeat Offenses

In some cases, if you commit a felony while already out on bail for a prior felony charge, Texas law allows for stricter bail conditions. A judge may deny bail altogether, particularly if the new offense occurred within the same county as the initial charge. This can make obtaining a release much more difficult, underscoring the need for skilled legal representation in such scenarios.

Special Rules in District Courts

If you're in jail and need to address your bond or release, there are important rules to follow in the Travis County Criminal District Court system.

Which Judge Handles Your Bond

Any bond-related requests—whether you're asking for a new bond, changing bond conditions, reducing the bond amount, or dealing with bond forfeiture—must go through the judge assigned to your case. This judge will be responsible for making all decisions about your bond from the beginning until the end of your case.

Involving the District Attorney (DA)

If you are charged with a violent or sexual crime, your attorney is required to inform the Travis County District Attorney’s Office before raising any bond issues with the judge. This gives the DA a chance to offer input, which the judge will consider when deciding on your bond conditions. The DA’s opinion can significantly impact the outcome of your bond request, particularly in more serious cases.

What If Your Judge Isn’t Available?

If your assigned judge is unavailable—perhaps on vacation or sick—your lawyer needs to check with the court coordinator to find out how bond matters will be handled during that time. If no special instructions are provided, your attorney can approach another judge to address your bond issues. However, if a different judge has already denied a previous bond request, your lawyer is required to inform the new judge of the earlier request and its outcome.

Court Appearances While You’re in Jail

If you are still in jail but have an upcoming court date, your attorney must notify the court coordinator by 2:00 p.m. the day before if you need to be physically present in the courtroom. Additionally, if you wish to wear civilian clothing instead of jail-issued clothes during your appearance, your lawyer must inform both the court coordinator and the bailiff at least 24 hours in advance. Your attorney can either provide the clothing, or you can request jail staff to supply suitable clothing. The clothes will be inspected by jail staff, and after court, it’s your lawyer’s responsibility to retrieve them.

Special Rules in County Courts

If you’re currently in jail and waiting for your case to be reviewed in Travis County’s County Courts, local court rules ensure that your bond situation is addressed quickly. Here’s what you need to know:

Bond Review Docket

Once an attorney has been assigned to your case, you have the right to be brought before the court for a bond review hearing within three working days. During this hearing, the court will decide if your bond amount should be changed or if there are any grounds for your release. It’s your attorney’s responsibility to follow the proper court procedures to ensure this hearing happens on time.

Attorney Representation Upon Bond

When your attorney signs your bond application or resets your case, they become your attorney of record, meaning they are officially representing you for the entire duration of your case unless the court allows them to withdraw.

If you do not attend a court hearing, the court may forfeit your bond, meaning you lose the money or collateral put up for your release. A warrant for your arrest may also be issued if you fail to appear.

Role of an Austin Criminal Defense Lawyer for Jail Release

Expediting Your Jail Release

Your lawyer’s first priority will be to get you out of jail. This often involves evaluating the best way to secure your release. They will review the charges against you and your background to determine the most appropriate bond option. If you qualify for a personal bond, your lawyer can argue for your release without upfront payment by emphasizing your ties to the community, your lack of criminal history, and other favorable factors.

If the bond set by the magistrate judge is too high for you to afford, your lawyer can also request a bail reduction hearing. In this hearing, they will present evidence to show why the bond amount should be lowered, based on your financial situation and the circumstances of your case.

In some cases, if your release is being unnecessarily delayed or if your detention is unlawful, your bond lawyer can file a writ of habeas corpus. This legal action forces the court to review the legality of your detention and can result in your immediate release or a reduction in your bond.

Guiding You Through the Legal Process

Navigating the legal system after an arrest can be confusing, especially if this is your first encounter with the law. Your lawyer will guide you through the entire process, ensuring that your rights are protected and that you don’t accidentally make things worse.

One of the first critical steps is your magistration hearing, where the judge will set your bond and impose any release conditions. Your lawyer will represent you at this hearing and argue for the most favorable bond and conditions, helping you avoid unnecessary time in jail. They will also explain the specific conditions of your bond, such as travel restrictions, regular check-ins, or no-contact orders, so that you know exactly what is required to avoid re-arrest.

If you violate any bond conditions, your lawyer will act quickly to address the situation. They can present your case to the court and explain any misunderstandings, potentially preventing your bond from being revoked and helping you stay out of jail.

Protecting You from Making Mistakes

Without legal representation, it’s easy to make mistakes that can hurt your case. For example, speaking to law enforcement about DWI without a bail lawyer can lead to statements being used against you in court. From the moment you hire a lawyer, they will advise you to exercise your right to remain silent and will communicate with the police and prosecutors on your behalf. This can ensure that you don’t accidentally incriminate yourself or make statements that could damage your defense later.

In addition, your lawyer will manage all communications with the court and other parties involved in your case. This keeps you from making any procedural errors or saying something that could be misinterpreted or used against you later in the process.

Coordinating with Your Family

Your arrest is likely causing concern and confusion for your family as well. Your lawyer can act as the bridge between you and your loved ones, helping them understand what is happening and what steps are needed to secure your release. Whether it’s explaining the bond process, working with a bail bondsman, or coordinating court appearances, your lawyer ensures that your family has the information and guidance they need to support you effectively.

Ensuring Fair Treatment

Texas law can be complex, and if you don’t have a lawyer by your side, you may not know whether you’re being treated fairly by the system. Your lawyer will work to ensure that all of your rights are upheld and that you receive fair treatment throughout the legal process.

If the judge sets an excessively high bond, your lawyer can challenge this decision, arguing that the bond is unreasonable given the charges and your financial circumstances. They will also monitor the legal process to ensure that your arrest, detention, and bond conditions comply with Texas law. If there are any procedural errors, your lawyer can use them to request a reduction in bond or even argue for your immediate release.

Helping You Avoid Re-Arrest

Even after your release, your lawyer will continue to help you avoid any mistakes that could result in re-arrest. They’ll carefully review the conditions of your bond with you, ensuring that you understand your obligations, whether it’s avoiding certain individuals, attending drug or alcohol testing, or staying within Travis County.

If you miss a court date, a bench warrant could be issued for your arrest. However, your lawyer can help prevent this by requesting a continuance in advance, rescheduling the court date if necessary, and helping you avoid re-arrest and the loss of your bond.

Austin Jail Release Attorney

If you’ve been arrested in Austin Texas, getting out of jail quickly is your first priority. Whether you’re eligible for a personal bond, need to post a cash bond, or are considering a surety or attorney bond, working with an experienced criminal defense attorney can make all the difference. Cofer & Connelly, PLLC is here to help. With decades of courtroom experience and thousands of cases handled, our attorneys have a deep understanding of the criminal process. If you or a loved one needs assistance with jail release in Travis County or elsewhere in TX, contact us at (512) 991-0576 or reach out online for a free consultation. We'll work quickly to secure your release and protect your rights at every stage.