When a person is charged with a felony in Texas, their release from jail before trial often comes with specific rules they must follow. These requirements, known as bond conditions, are court-ordered mandates. Understanding these conditions is an important step for anyone navigating a felony charge.
What are Felony Bond Conditions in Texas?
Felony bond conditions are restrictions set by a court that a defendant must obey to remain out of custody while their case is pending. The Texas Code of Criminal Procedure Chapter 17 outlines the legal basis for these conditions.1Texas Legislature. CODE OF CRIMINAL PROCEDURE CHAPTER 17. BAIL Their purpose is to ensure the defendant appears for all required court dates and to protect the safety of the community and any alleged victims.
A judge or magistrate imposes these conditions during an initial court appearance after an arrest. They are not intended to be punitive but rather serve as safeguards. The court tailors these rules to the specifics of each case, creating a framework of supervised release.
Typical Conditions Set for Felony Bonds
The conditions attached to a felony bond can impact a person’s daily life and are detailed in a court order. A defendant may be required to report regularly to a pretrial services officer to ensure compliance. In cases involving violence or specific victims, a no-contact order is common, prohibiting any communication or physical proximity to the alleged victim or their family.
Other frequent conditions include:
- Electronic monitoring, which often involves wearing a GPS ankle device to track the defendant’s location.
- Curfews that require the person to be home during specific hours.
- Random drug and alcohol testing to ensure sobriety.
- Travel restrictions to within the county or state, and the defendant might have to surrender their passport.
- Installing an ignition interlock device on a vehicle at the defendant’s expense for a felony DWI, a condition required by Code of Criminal Procedure Article 17.441.2Texas.Public.Law. Texas Code of Criminal Procedure Article 17.441 – Conditions Requiring Motor Vehicle Ignition Interlock
How Judges Determine Bond Conditions
A Texas judge or magistrate considers several factors when deciding on bond conditions, guided by Code of Criminal Procedure Article 17.15.3Texas.Public.Law. Texas Code of Criminal Procedure Article 17.15 – Rules for Setting Amount of Bail The primary factor is the nature and circumstances of the alleged offense, as more serious charges often lead to stricter conditions. The court evaluates the potential danger the defendant might pose to the community if released.
The defendant’s personal history also plays a role. Judges look at the accused’s ties to the community, such as family relationships, employment stability, and length of residency, to gauge their likelihood of appearing in court. A defendant’s prior criminal record is scrutinized, as is their history of complying with past bond conditions.
Penalties for Violating Bond Conditions
Failing to adhere to any bond condition can lead to serious consequences. If a violation is alleged, a prosecutor can file a motion to revoke the bond, and the judge may issue a warrant for the defendant’s immediate arrest. The court will then hold a hearing to determine if a violation occurred.
If the judge finds that a condition was violated, they can revoke the original bond and return the defendant to jail to await trial. The money or property posted for the bond may be forfeited.4Texas Legislature. CODE OF CRIMINAL PROCEDURE CHAPTER 22. FORFEITURE OF BAIL In some cases, the judge might impose new, more restrictive conditions instead of revoking the bond. Certain violations can lead to new criminal charges, such as violating a no-contact order in a family violence case, which can result in a new charge under Texas Penal Code Section 25.07.5txpenalcode.com. Sec. 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
Requesting Changes to Bond Conditions
Bond conditions set at the beginning of a case are not always permanent. A defendant, through their attorney, can file a formal motion to modify bond conditions with the court. This motion must state which condition the defendant wants to change and provide a compelling reason for the request.
Common grounds for requesting a modification include a significant change in the defendant’s circumstances, such as a new job offer that conflicts with a curfew. A defendant might also argue that a condition is overly burdensome. The motion should be supported by evidence, like an employment letter or medical records, and the judge may schedule a hearing before making a decision.