Personal Bonds in Texas

A Personal Bond is a sworn agreement by the defendant that he/she will return to court as ordered and will comply with the conditions placed on his/her release. No money is required at the time of release, but the defendant is required to pay an administrative fee of $20 or 3% of the bond amount to Travis County within 7 days of release.

To post a personal bond, individual inmates or defendants cannot post a personal bond themselves. However, Travis County or an attorney may submit a request for release on personal bond to a judge.

Personal Bonds in Travis County

According to Travis County Central Booking Statistics, only 62.3% of eligible Defendants were granted personal bonds in Travis County during the 2012 fiscal year. In many of these cases, it was necessary for a Defendant to retain an attorney in order to be approved for personal bond.

If you are trying to bail someone out of the Travis County Jail in Austin, Texas and are confused or unsure how to proceed, please call Austin Jail Release Lawyer Kevin Bennett at (512) 476-4626 for immediate bail bond assistance. Kevin Bennett has helped hundreds of individuals arrested post personal bond in Austin, Texas.

Personal Bond in Texas

Art. 17.03. PERSONAL BOND.

(a) Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate’s discretion, release the defendant on his personal bond without sureties or other security.

(b) Only the court before whom the case is pending may release on personal bond a defendant who:

(1) is charged with an offense under the following sections of the Penal Code:

(A) Section 19.03 (Capital Murder);

(B) Section 20.04 (Aggravated Kidnapping);

(C) Section 22.021 (Aggravated Sexual Assault);

(D) Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, or Court Participant);

(E) Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);

(F) Section 29.03 (Aggravated Robbery);

(G) Section 30.02 (Burglary);

(H) Section 71.02 (Engaging in Organized Criminal Activity); or

(I) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or

(3) does not submit to testing for the presence of a controlled substance in the defendant’s body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant’s body.

(c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant’s body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant’s body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.

(d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.

(e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.

(f) In this article, “controlled substance” has the meaning assigned by Section 481.002, Health and Safety Code.

(g) The court may order that a personal bond fee assessed under Section 17.42 be:

(1) paid before the defendant is released;

(2) paid as a condition of bond;

(3) paid as court costs;

(4) reduced as otherwise provided for by statute; or

(5) waived.