Is Bail Possible after a Conviction in Texas?

Justin Sparks

10 min read

After someone has been arrested, there will be a waiting period before the initial hearing happens. The standard process is for those awaiting trial to remain in custody. However, bail makes it possible to maintain life as normal as the trial approaches.

This means that the accused will be able to go to work, sleep at home, and do whatever else constitutes a part of their normal routine. Of course, this will only go on until the court has reached its decision on the matter.

Note, however, that jail time is still possible. Additionally, the time between conviction, sentencing, and possible appeals can vary. The information below covers what should be known about the bail process.

What Is Bail?

Legally speaking, bail is a form of security provided by an accused party that they will be present for the proper court proceedings that may be required for charges that are to be answered. This security may come in the form of a personal bond, bail bond, or cash. Think of it as collateral that reinforces the promise to be present.

Bail Vs. Bond

Many people use the words "bond" and "bail" interchangeably. Therefore, if someone were to talk about a cash bond, it would be interpreted as a reference to the money paid as a bail requirement.

However, the two terms have two different meanings. As indicated before, bail is simply the security required for the release. Bond, on the other hand, is the actual promise to be present in court when required.

This is why a personal bond is sometimes acceptable. It is nothing more than the word of the accused to return. Note that personal bonds are not acceptable when the charges include acts of violence. Crimes that fall under this category include aggravated robbery, capital murder, sexual assault, etc.

Understanding Post-conviction Bail in Texas

Post-conviction bail is not a constitutional right, but it may be allowed in some cases. The decision depends on state and federal policies. This is an important distinction as some people may be under the impression that they are entitled to it.

Most defendants will have access to an opportunity for pre-trial bail. However, once there has been a conviction, the Constitution no longer makes any such provision. Nevertheless, bail may still be afforded based on statutes. This can lead to wondering how to appeal a criminal conviction in Texas.

Pending Appeals and Bail Bonds

In Texas, bail laws allow bonds to be granted during a pending appeal. As one would expect, the decision to grant bail lies in the hands of the judge. The applicable governing principles differ from one state to the next. For example, the Texas Code of Criminal Procedures outlines the following policies:

A defendant can be released on reasonable bail if the result of a misdemeanor conviction appeal or motion for a new trial is not yet determined.
If the felony conviction is for an offense punishable by a term of or above 10 years, the accused is not to be released on bail pending an appeal.
Courts can choose to deny bail in cases where there is reason to suspect that the defendant will not be present in court for their conviction.

How Judges Decide on Bail

Judges tend to use the same criteria to determine bail during a post-conviction case as they would during pre-sentencing proceedings. As you can imagine, they have a lot of power in this regard, and this creates a lack of predictability. When the time comes to set bail, the two elements below will typically be considered. Contact our team for questions such as What is a bail schedule?

The Flight Risk Element

Recall that the whole idea behind bail is for some form of security to be provided to ensure that the defendant will return for whatever court hearings may be necessary in the future. Therefore, there is a risk review process here that boils down to evaluating the likelihood that a defendant may try to escape the system.

If the accused is likely to try to hide from upcoming court appearances, then they would be considered a flight risk.

A big part of this consideration will be what the defendant has displayed in the past. Additionally, what ties does the person have to the community? The accused party's criminal history and the severity of the sentence will also be evaluated.

One popular belief is that defendants who are facing longer prison terms are more likely to skip town.

Public Safety Considerations

Public safety is another element that will be heavily considered before a defendant is allowed to post bail after a conviction. Sometimes, the accused is seen as a risk to the community. This does not necessarily mean that the person will be denied bail. However, they may find that the amount required is pretty high.

Yet again, the severity of the crime will be a big part of the decision. Was it an offense involving violence? Did the defendant threaten a victim? Were there drugs or alcohol at play during the ordeal? Was a weapon used to inflict harm?

The accused party's criminal record will also be considered here. How many prior convictions does the person have? Were these recent or did they happen a long time ago?

Bear in mind that judges tend to be elected, which means that they often want to avoid as much negative publicity as possible. If a defendant were to be allowed post-conviction bail, what would happen if that person went on to commit a crime? The first thought is likely that the judge's job would be on the line. This kind of pressure may factor into the decision.

Bail Amounts

Bail amounts are determined by the court. The basis of the final figure will be the facts surrounding the case and the charges brought against the accused person. There is a bond schedule used by courts in Texas that provides a guideline for the process.

However, judges and magistrates can adjust the amount. Several elements are typically considered, as well as the unique attributes of the case. Here are the typical factors that will be a part of setting bail:

Was the defendant already on bail at the time of the arrest?
How serious was the offense committed?
Is there any notable risk to public safety?
Does the defendant have any previous violations?
Are there other crimes for which the current probation status of the defendant should be evaluated?
How likely is the accused to flee?

The defense can request a lower bail amount, though it may not necessarily be granted. This process will necessitate a bail hearing, and it is highly advised that an experienced criminal defense lawyer is engaged for assistance.

High Post-conviction Bail Is Likely

There seems to be a pattern that sees the average amount set by judges for bail trending upwards. It stands to reason then that this applies to post-conviction bail amounts. The figure is all but expected to be a huge burden on the defendant and anyone else who may be assisting with the payment.

Bail bonds may be accessible, but they do not come without a down payment or collateral requirement. Depending on the situation, sometimes serving a sentence is the better option.

In some cases, the sentence is short, and a successful appeal is unlikely. Therefore, there may not be a good reason to drag out the proceedings. Additionally, even with the limitations that may be imposed during bail being adhered to, a return to custody may be required.

Some people find that serving their short sentences is a much less expensive and agonizing process. This may even apply to those who are innocent. Of course, the council of a trusted Texas criminal justice attorney should be sought before any such decision is made.

Navigating the Bail Process

The information below provides an overview of what the bail system looks like in Texas.

Bail Setting

By now, there should be a thorough understanding of the factors that go into the amount, including prior convictions, the likelihood of fleeing, etc.

The bail-setting process begins when an accused party is booked into jail. This is when the pre-trial amount will be determined. Any guidelines provided by statutes will typically be closely followed for misdemeanor crimes, which makes final figures fairly predictable. Note that the US Constitution makes it illegal for a judge to set bail so exorbitantly high that a defendant is forced to stay in jail.

Sometimes an accused party will need to make an appearance in court to find out what the bail amount is. However, this is typically not the case for misdemeanor offenses, as bail amounts tend to be revealed when the person is booked in jail.

With the amount determined, the defendant is free to request that it be lowered. A bail hearing will commence, which will see the court determine if the reduction is reasonable. Defense attorneys do their best to present arguments to indicate why the court can count on the accused to make the necessary appearances. For more information, our criminal defense attorneys in Fort Worth may be able to help.

Some of the factors that make someone seem like less of a flight risk are the presence of a legal form of stable income, lack of a passport, family responsibilities, and no history of leaving the state.

Paying or Posting Bail

With the defendant's bail set, it must then be paid for the release to occur. As indicated before, the accused can either post it in cash or make use of a bail bond.

Those who can pay the full amount in cash are released while they await their trial. While some persons can go this route, not everyone will be able to come up with such large sums of cash. This is where a bondsman will come into play. An agreement is established where a fee (usually roughly 10% of the bail amount) is paid.

Once the transaction is complete, the bond company will then cover the full price of the bail, which will then allow the defendant to be released. Of course, the agreement is more than a fee. Special conditions will need to be adhered to if there is any desire to remain out of custody.

The Bail Bond System and Arrests

As indicated above, the agreement between the accused and the bail bond company will come with some conditions that need to be met. If an individual should skip out on the bond, then a bounty hunter may be engaged to arrest the person.

There may also be a desire to surrender the bond and have a client arrested for cause. Such warrants must be issued by the presiding judge where the case is pending. Thankfully, set guidelines prevent this system from being abused.

A bondsman must be able to demonstrate good reason for wanting a client's ticket to be pulled. Additionally, the defense attorney must be notified and allowed to argue on behalf of the client.

While things were different in the past, it is now a very difficult process to get a judge to believe that the accused should be jailed because the bonding fee was not fully paid. In most cases, this will be seen as nothing more than a business problem.

Conditions

When a defendant is released from jail, conditions passed down by the court are expected to be observed alongside those that a bondsman may have.

Violating any of them may be grounds for re-arrest. Worse even, there may be additional charges introduced. Some of the usual conditions are:

Appearing in court on the dates requested
Not breaking any laws
Telephone check-ins with the bail bondsman
Meeting the bail bondsman in person at defined times
Avoiding behaviors associated with a crime

Upon release, it is highly recommended that there is an immediate review of what the stipulations are. Of course, the expertise of a defense lawyer is crucial here.

The attorney may be a key part of handling conditions effectively, which makes it easier to avoid violations. For example, initial court appearances can often be fully handled by a legal professional, which means that there is no need for the accused party to be present.

When Might Bail Be Denied?

Based on the Texas Constitution, judges are allowed to deny bail in specific situations. Capital murder is one of the clearest. Furthermore, Section 11A of Article I places the following classes of persons under the denial umbrella:

People accused of felonies with at least two convictions
Defendants accused of any felony while on bail for another one
Those accused of crimes involving a deadly weapon where one prior felony exists
Anyone who commits a sexual or violent offense while on probation

Additionally, denial is possible for those charged with family violence offenses or felonies, where bail was forfeited or revoked because of a violation of the applicable release conditions.

Takeaways

There was a lot to digest here, and that is because of the different policies that are at play in these kinds of situations. Nevertheless, here is a look at some of the key takeaways:

Bail is possible after a conviction in Texas, but it is not a constitutional right.
A defendant must understand the bond system and the factors that judges consider when determining bail.
Working with a bail bondsman and a Texas criminal defense attorney can help a defendant navigate the bail process and appeal a bail decision.
It is imperative to abide by the conditions provided by the court and a bail bondsman, if applicable.
Bail is not always the easier or more cost-effective option, which means that there are times when serving the prescribed sentence is recommended.
Judges have a lot of power in matters concerning bail, and the factors that can go into a final decision can make the process unpredictable.

Schedule a Consultation with a Seasoned Texas Criminal Defense Attorney Today!

Understandably, being charged with any kind of offense can be a frightening experience. Waiting for a hearing outside of custody necessitates some form of security to be provided. Unfortunately, the requirements are sometimes very steeply set, and they take advantage of the fact that people may not be familiar with legal proceedings.

There may be policies that prevent bail from being set to outrageous amounts just to keep you in jail, but that doesn't mean that the prescribed amount will be easy to deal with.

The best way to approach what is undoubtedly a messy process is to retain the services of a well-regarded criminal defense attorney in Texas. A good lawyer can help you understand your rights and options, while representing your best interests throughout the proceedings.

It is highly recommended to seek the help of an attorney as soon as possible after being arrested and charged with a crime. Consider letting Sparks Law Firm give your case the attention it deserves. We have helped many clients through difficult situations, and we want to do the same for you.

With over 100 years of combined experience, we have what it takes to help secure the best possible outcome. After all, our team consists of former prosecutors, which means we know how the other side thinks. Schedule a free consultation with us today!