After a felony arrest in Texas, a magistrate sets bond conditions. These are rules for individuals released from jail awaiting trial, aimed at ensuring court appearances and public safety. Understanding these conditions is important, as violations can lead to re-arrest and negatively impact the case or sentencing. This overview covers common felony bond conditions in Texas.
Travel Restrictions
Travel restrictions are common for those on felony bond in Texas. Magistrates set these conditions to ensure court appearances and public safety, as per Texas Code of Criminal Procedure Article 17.15.1Texas Public Law. Texas Code of Criminal Procedure Article 17.15 – Rules for Setting Amount of Bail
Travel limits depend on the felony, community ties, criminal history, and flight risk. Often, a defendant is confined to a specific county or area. Leaving without court approval is a bond violation.
Travel within Texas might be allowed for less serious charges or with strong local ties. Travel outside Texas almost always needs court permission, requiring a formal motion detailing the trip’s reason, destination, and duration. A judge reviews this, and the prosecution can object.
These restrictions are legally binding. Unauthorized travel leads to serious consequences. Courts may require passport surrender to prevent international travel. Specific terms are in your bond paperwork.
Firearm Prohibitions
Firearm prohibitions are a standard bond condition in Texas. Courts will order defendants not to purchase, possess, or use firearms as part of these conditions. This is based on state and federal laws limiting firearm possession for those facing or convicted of felonies.
Federal law (18 U.S.C. Section 922) prohibits firearm possession by anyone under indictment for a crime punishable by over a year in prison.2Legal Information Institute. 18 U.S. Code § 922 – Unlawful Acts This means a felony charge can trigger this ban. The law is broad; even access to a firearm in a home or vehicle can be a violation if it has crossed state lines or come from abroad.
Texas state law, like Penal Code Section 46.04, also supports these firearm prohibitions while felony charges are pending.3Texas Public Law. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm The Texas Penal Code Section 46.01 defines a firearm as any device designed to expel a projectile by explosion or burning, or one easily convertible for such use, excluding certain antiques. It is the defendant’s responsibility to follow these prohibitions, which are detailed in the bond conditions.
Drug and Alcohol Testing
Drug and alcohol testing is a common bond condition. Magistrates can require abstinence and testing for substances (Texas Code of Criminal Procedure Article 17.40), especially if the offense involved substance use or there’s a history of abuse.4Texas Public Law. Texas Code of Criminal Procedure Article 17.40 – Conditions Related to Victim or Community Safety
Methods include random urinalysis, breathalyzers, or sometimes hair or blood tests. For drug offenses or DWIs, frequent random testing is common. Frequency can be daily to monthly, with defendants possibly needing to check daily for selection to ensure compliance.
These conditions prohibit consuming alcohol or unprescribed controlled substances, including marijuana if court-ordered, even if legal elsewhere. Proof of prescribed medications is required. For alcohol-related offenses, an ignition interlock device on vehicles may be mandated.5Texas Public Law. Texas Transportation Code Section 521.246 – Ignition Interlock Device Requirement
Mandatory Check-Ins
Mandatory check-ins with a supervising authority are often required to monitor compliance and ensure court appearances, as supported by Texas Code of Criminal Procedure Article 17.03.6Texas Public Law. Texas Code of Criminal Procedure Article 17.03 – Personal Bond
County pretrial services or community supervision departments manage check-ins. Defendants receive instructions on their supervising officer, reporting location, and frequency. Methods vary (in-person, phone) based on case specifics like offense severity and criminal history.
Lower-risk individuals may have fewer check-ins. Those with serious charges or a history of non-compliance might have more intensive supervision. During check-ins, officers verify personal details, discuss compliance, and remind about court dates. These interactions are documented.
If concerns about location or compliance are high, a court may order electronic monitoring, like GPS ankle monitors or devices confirming home presence.7Texas Public Law. Texas Code of Criminal Procedure Article 17.44 – Home Confinement, Electronic Monitoring, and Drug Testing as Condition This helps enforce geographical restrictions or curfews. Specific terms are in the bond paperwork.
Consequences of Violations
Violating felony bond conditions in Texas has serious legal consequences. A court learning of a breach can issue an arrest warrant (a capias under Texas Code of Criminal Procedure Article 23.05), leading to re-arrest and return to custody.8Texas Public Law. Texas Code of Criminal Procedure Article 23.05 – Capias After Surrender or Forfeiture
After a bond violation, a judge may revoke the bond. This could mean jail until trial, possibly without a new bond or with a much higher one. The decision depends on the violation’s nature, the defendant’s history, and perceived risks.
Violations can also cause forfeiture of money or property pledged for release (Texas Code of Criminal Procedure, Chapter 22).9Texas Public Law. Texas Code of Criminal Procedure Chapter 22 – Forfeiture of Bail The bond poster might avoid this by surrendering the defendant before final judgment. Otherwise, the state can claim the full bond amount, resulting in financial loss.
A court might also make bond conditions stricter, like increasing the bond amount, adding electronic monitoring, or ordering tighter curfews. Violations can also lead to new criminal charges. For example, Texas Penal Code Section 25.07 makes breaching a condition in family violence, sexual assault, stalking, or trafficking cases a separate offense.10Texas Public Law. Texas Penal Code Section 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case Any bond violation negatively impacts plea negotiations and potential sentencing.