How Bond Works in Texas — Bail, Bond Types & How to Get Out of Jail

When someone is arrested in San Antonio, the first question their family asks is almost always the same one: how do they get out? The answer involves a process that most people have never encountered before — magistration, bond setting, bond types, and conditions of release that can restrict where the person lives, who they can contact, and what they can do while the case is pending. Understanding how bond works in Texas, what determines the bond amount, what the different types of bond are, and what conditions can be attached gives families and defendants the information they need to act quickly and effectively after an arrest.

What Happens at Magistration

Within 48 hours of a warrantless arrest — and typically within 24 hours in Bexar County — every person who is arrested must be brought before a magistrate under Texas Code of Criminal Procedure Article 15.17. The magistrate is a judge or magistrate judge authorized to conduct this initial hearing.

At magistration, the magistrate informs the defendant of the charges against them, advises them of their constitutional rights — including the right to remain silent and the right to an attorney — and sets the conditions of pretrial release, including the bond amount. This is not a hearing on the merits of the case. No evidence is presented about guilt or innocence. The magistration hearing typically lasts only a few minutes, but the decisions made at this hearing — the bond amount and the conditions attached — govern the defendant’s life for the entire duration of the case.

In Bexar County, magistration hearings for most misdemeanor arrests occur at the Bexar County Magistrate’s Office. Felony arrests are typically magistrated through the same process, with bond amounts reflecting the more serious nature of the charge.

How the Bond Amount Is Set

The bond amount is set by the magistrate based on factors established in Texas Code of Criminal Procedure Article 17.15. Those factors include the sufficiency of the evidence of guilt, the ability of the accused to make bail, the future safety of the victim and the community, the defendant’s work record, family and community ties, length of residence in the community, prior criminal record, compliance record with prior bonds, and any other circumstances relevant to whether the defendant is likely to appear for court dates.

In Bexar County, bond amounts follow general guidelines that vary by charge level — though magistrates have discretion to set amounts above or below those guidelines based on the individual circumstances. A Class A misdemeanor might generate a bond of $1,500 to $5,000 under standard circumstances. A third-degree felony might generate a bond of $10,000 to $30,000. A first-degree felony, a violent offense, or a case with aggravating circumstances might generate a bond of $50,000 to $500,000 or more. Capital murder cases can result in no bond — called a personal bond denial — when the magistrate finds that no conditions of release can adequately protect the community.

The bond amount is the total amount guaranteed — not the amount paid out of pocket. Understanding the difference between the bond amount and what is actually paid to secure release is one of the most commonly confused aspects of the Texas bond system.

The Three Types of Bond in Texas

Texas Code of Criminal Procedure Chapter 17 recognizes several types of bond, of which three are most commonly used in Bexar County.

• A cash bond — sometimes called a cash deposit — requires the defendant or a family member to pay the full bond amount to the court in cash. If the defendant appears at all required court dates and complies with bond conditions, the cash is returned at the conclusion of the case minus any administrative fees. Cash bonds are less common because most families cannot pay the full bond amount in cash, but they are the cleanest form of bond — no ongoing fees, no third-party involvement, and full return of the money when the case ends.
• A surety bond — the most common type — involves a licensed bail bondsman who posts the full bond amount on the defendant’s behalf in exchange for a non-refundable premium, typically ten percent of the bond amount. A defendant with a $10,000 bond pays the bondsman $1,000, and the bondsman posts the $10,000 with the court. The $1,000 premium is not returned regardless of the outcome of the case. If the defendant fails to appear, the bondsman is responsible for the full $10,000 and will pursue the defendant to recover it. Many bondsmen also require collateral — real estate, vehicles, or other assets — to secure their exposure on the bond.
• A personal recognizance bond — commonly called a PR bond — allows the defendant to be released without paying any money upfront. The defendant signs a document promising to appear at all required court dates, and the bond amount becomes a judgment against them only if they fail to appear. PR bonds are typically available only for lower-level offenses, for defendants with strong community ties and no prior criminal history, and at the discretion of the magistrate or judge. In Bexar County, PR bonds are authorized by the Pretrial Services office, which evaluates the defendant’s risk level and makes a recommendation to the magistrate.

Bond Conditions — What They Are and Why They Matter

The bond amount is only one part of pretrial release. Conditions of release — restrictions on the defendant’s conduct while on bond — can significantly affect daily life for the duration of the case, which in a contested felony can be one to two years or more.

• Standard bond conditions in most Bexar County cases include reporting to a pretrial supervision officer on a regular schedule, not leaving the county without permission, not committing any new offense, and maintaining verifiable employment or enrollment in school. These are relatively non-burdensome conditions that most defendants can meet without significant disruption.
• Enhanced bond conditions in cases involving violence, family violence, or serious offenses can include electronic monitoring through an ankle monitor — which requires a home phone line or cellular device and creates a supervision record of everywhere the defendant goes — prohibition on possessing any firearms or ammunition, a curfew restricting the defendant to their residence during specified hours, prohibition on consuming alcohol or controlled substances with random testing, and a magistrate’s order of emergency protection prohibiting all contact with the alleged victim and requiring the defendant to vacate the family residence.

In family violence cases specifically, the magistrate’s order of emergency protection under Texas Code of Criminal Procedure Article 17.292 is issued automatically following the arrest — it does not require a separate hearing or a finding that the defendant is a danger. This order prohibits the defendant from contacting the alleged victim, going near the victim’s residence, and in some cases going near the children’s school or daycare. Violating these conditions is a separate criminal offense under Texas Penal Code Section 25.07.

How to Get Bond Reduced After It Is Set

The bond amount set at magistration is not necessarily final. Texas Code of Criminal Procedure Article 17.151 provides that a defendant who has been detained in jail for more than 90 days on a felony charge, or more than 30 days on a misdemeanor charge, without being indicted or having their case set for trial is entitled to an automatic bond reduction or release on personal bond unless the state can show good cause for the delay.

Beyond the automatic reduction, a defendant or their attorney can file a motion for bond reduction in the district or county court at any point during the case. The motion argues that the current bond amount is excessive given the defendant’s financial circumstances, ties to the community, and the nature of the charges. The judge — not the magistrate — hears the motion and has authority to reduce the bond amount, change the bond type, or modify the conditions of release.

Effective bond reduction motions present evidence of the defendant’s employment, family ties, length of residence in San Antonio, prior record (or lack thereof), and financial inability to make the current bond. A defendant who has been sitting in jail for weeks on a bond they cannot make — who has employment they will lose, children they cannot care for, and a prior record that is minimal or nonexistent — has a compelling case for reduction that an experienced criminal defense attorney can present effectively.

An attorney who appears at the magistration hearing itself — or who is retained within the first few hours of an arrest and can file for an emergency bond hearing — is in the best position to address bond conditions before they become entrenched. Conditions imposed at magistration and left unchanged for weeks or months become the status quo that a later motion must overcome.

What Happens to the Bond When the Case Ends

When a criminal case concludes — through acquittal, dismissal, or completion of a sentence — the bond is exonerated. Exoneration means the bond obligation is terminated and, for a cash bond, the deposited amount is returned minus fees. For a surety bond, exoneration releases the bondsman from further liability but does not return the defendant’s premium — that is the bondsman’s fee for the service, and it is non-refundable regardless of outcome.

If the defendant failed to appear for a court date while on bond — causing a bond forfeiture — the court issues a capias warrant and declares the bond forfeited. The bondsman then has a period of time to return the defendant to custody before the full bond amount is collected from them. Bond forfeiture is a serious matter that triggers warrant issuance and active pursuit by the bondsman.

If you or a family member has been arrested in San Antonio or Bexar County and you need help understanding the bond process, reducing an excessive bond amount, or modifying restrictive bond conditions, call Barton & Associates at 210-500-0000. We appear at bond hearings and file bond reduction motions in Bexar County courts regularly. Consultations are free, confidential, and available 24 hours a day with a criminal defense attorney.