Legal Question in Criminal Law in Texas

No, not generally. If someone is in custody for 90 days they are eligible to request relief in the form of a writ, which would request that the defendant be released on a PR bond or to lower the bond to an amount the defendant can afford tro pay. So the lawyer representing the defendant needs to take action to try and get the defendant out on a PR bond or to get the bond reduced, it is generally not automatic.

Many times a person will be in jail and is unable to bond out of jail. If the person is unable to bond out of jail and has not been indicted within 90 days, the person can petition the court for a PR bond or for a bond reduction. A PR bond is a personal recognizance bond which allows for release without having to pay anything. However, if the defendant does not appear in court as ordered the bond can be revoked and the court will issue a warrant for arrest. If the defendant is seeking a bond reduction, the defendant should be prepared to put forth evidence that will convince the Judge that the person cannot afford the bond at the amount currently set and that if the Judge reduces the bond the person will appear in court.