There are three different types of bonds available; personal bonds, cash deposit bonds, and surety bonds. It may also be possible to reinstate a bond that has previously been forfeited if the court has not yet taken a judgment on the bond forfeiture.
If a bond that has been forfeited cannot be reinstated, you must post a new bond to clear the warrant or to secure the defendant’s release from jail. Some courts will not approve a new personal bond if the prior bond has been forfeited. If a bond forfeiture results in a civil judgment, it may have an effect on the defendant’s future credit status.
If the civil suit on the bond forfeiture has not yet gone to judgment, it can usually be settled by paying an agreed judgment of between $300 to $450. The bond may then be reinstated without the need to do a walk-thru.
Texas Senate Bill 6 (SB6) which became effective on September 1, 2021, mandates that an individual may not be released on a personal body (only a full cash bond or surety bond) in situations where that person is charged with murder; capital murder; kidnapping; aggravated kidnapping; trafficking of persons; continuous sexual abuse of a young child or a disabled individual; indecency with a child; felony assault; sexual assault; injury to a child, elderly or disabled individual; certain repeated violations of court orders or conditions of bond; continuous violence against the family; aggravated robbery; taking or attempting to take a weapon from a federal special investigator, or from a parole, probation, department of corrections, or security officer; compelling or aggravated promotion of prostitution; or sexual performance by a child.
Additionally, an individual arrested for a felony may not be released on personal bond if, at the time of their arrest, he or she is either on probation for, or out on bail for, any of the above-listed offenses.
If an individual, while released on bail for committing a felony, is charged with committing another felony, only the court before whom the first case is pending may release the individual on bail if both offenses were committed in the same county.
Regarding bonds on probation revocations, unless the probation violation is administrative, many judges will require either a cash deposit or a surety bond and will not approve a personal bond to clear the warrant. The bond amount will most likely not be set on the probation violation at the time that the warrant is issued. An attorney must first approach the judge of the court in which the case was filed and request that a bond be set. In felony cases in which the defendant was originally placed on a deferred adjudication, the judge is required to set a reasonable bond upon the request of the defendant’s attorney. For probations that were not deferred, the judge after considering the reasons that the revocation was filed has discretion as to whether or not he/she will set a bond.
If a warrant is issued and no bond is set on the warrant, an attorney must first meet with a pretrial services officer to request a Public Safety report (PSR) before approaching a judge to request that a bond be set.
Where the defendant was originally placed on a regular probation, by law, no bond is required to be set. At the request of the defense attorney, the judge may set a bond amount depending on the severity of the probation violation. In certain situations, the judge may agree to simply recall the warrant in lieu of the posting of a bond. In felony cases in which the defendant was originally placed on a deferred adjudication, the judge is required to set a reasonable bond upon the request of the defendant’s attorney.
On all personal and cash deposit bonds, the judge may attach certain conditions such as counseling, mandatory keep away instructions or any other condition that he/she deems necessary to ensure the safety of the community.