Legal Question in Criminal Law in Texas

In the case of a felony probation revocation, entitlement to bond depends on the type of probation. In Texas, a deferred adjudication type probation where the person has not been convicted means you are entitled to have a bond set as a matter of law. In other words, the Court cannot hold someone without bond. Many Judges won't set a bond and will only do so when approached by the person's lawyer requesting a bond be set.

For the other type of probation where the person is convicted and sentenced to a term of imprisonment, but the sentence is suspended and the person is placed on probation, the person is not entitled to bond as a matter of law. The Court can hold the person without setting a bond. However, that being said, depending on the jurisdiction and depending on the policies of that particular Judge, those judges routinely set bonds on these cases. In Tarrant County, for example the Court will set a bond, but will usually require that any unpaid probation fees, fines and costs be paid before a bond amount will be set.

For misdemeanors, I have never heard of a Judge denying bond on those cases, so I never bothered to see what the law required. May be same rules, but it has never mattered in the cases I have handled.

You should always consult with a Board Certified Criminal Law Specialist in matters concerning impending probation revocations. Many times a term of imprisonment can be avoided, even when there has been a violation of probation conditions.

Wes Ball

www.ballhase.com