Bail, Bonds & Grand Jury Proceedings

TEXAS BAIL BOND REDUCTION ATTORNEYS

Any person that has been charged with a crime* in the courts of the State of Texas has a constitutional right to be released on a reasonable bond pending the resolution of his or her case. If you believe that a friend, family member, or loved one is being held in jail because of an excessively high bond, then it is critical that you hire attorneys who are familiar with the key policies and procedures of contesting bail bond issues. With two former judges who addressed these very issues on a daily basis as named partners in the firm, the lawyers at Wyde, Fox, Nation, & Westmoreland are uniquely qualified to assist you in making sure that the court has set bond at an appropriate, affordable amount.

Rules and Guidelines for Setting Bond in Texas Courts

The rules for setting bail and the factors that courts are required to use in determining what is the appropriate bond are found in Article 17.15 of the Texas Code of Criminal Procedure.

This section states that:

Bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
The power to require bail is not to be so used as to make it an instrument of oppression.
The nature of the offense and the circumstances under which it was committed are to be considered.
The ability to make bail is to be regarded, and proof may be taken upon this point.
The future safety of a victim of the alleged offense and the community shall be considered.

In addition to the factors found in the statute, the Court of Criminal Appeals (the highest criminal appellate court in the State of Texas) has said that a judge is to consider the following factors:
The accused’s work record;
The accused’s family and community ties;
The accused’s length of residency;
The accused’s prior criminal record;
The accused’s conformity with the conditions of any previous bond;
The existence of any outstanding bonds, if any, and
The alleged aggravating circumstance involved in this offense.

The attorneys at Wyde, Fox, Nation, & Westmoreland have significant experience in preparing evidence and testimony from friends, family members, clergy, and employers to maximize the impact of their evidence at a bond reduction hearing, and thereby achieving significant reductions in bonds.

Conditions of Bond

Once a defendant has been released on bond, a court may impose certain conditions that he or she must follow in order to remain free pending the resolution of their case. Persons charged with Driving While Intoxicated (DWI), for example, may be required to install a deep lung breath analysis device (more commonly referred to as an ignition interlock device) on any vehicle they drive while the case is pending. Similarly, a person charged with a drug offense may be required, in certain circumstances to have periodic drug testing while out on bond. It is vital that you have attorneys who can negotiate the most minimally restrictive conditions of bond so that your freedoms are not excessively limited while your case is being handled.

Working with your Bail Bondsman & the Bonding Company

Once a defendant has been released on bond, he or she will be required to periodically “check in” with the bonding company. The attorneys at Wyde, Fox, Nation, & Westmoreland pride themselves on having excellent working relationships with the bonding companies and bail bondsmen serving the North Texas area, and we will be able to negotiate the most minimally restrictive terms between you and your bonding company
* Texas law does place certain limitations to a defendant’s right to bond if charged with certain capital (death penalty eligible) offenses.