Legal Question in Criminal Law in Texas

Following an arrest a person appears before a magistrate who will set a bond if one wasn't already set. A bond can be set on an arrest warrant if there was one and that would normally be the bond. In instances where the bond set is higher than a person can afford to post, there are basically 2 mechanisms to get a bond lowered. One method is to file an Application for Writ of Habeas Corpus.

A writ will prompt a hearing which may be informal or more formal with witness testimony. Evidence can be presented regarding a person's financial circumstances and what bond they could post. The prosecution can offer evidence showing there is a flight risk or risk of danger to the community. The Judge's decision is appealable. There is little chance of success in a writ proceeding without the assistance of a qualified attorney.

You can also file a motion to reduce bond which runs much like the writ. The caveat is that a motion is not appealable and the writ is. As far as a personal bond, that is usually an option depending on the jurisdiction and the severity of the charges. No one is going to get a personal bond for an aggravated robbery. If the charge is shoplifting then a personal bond might be allowed. There is trend across Texas for more personal bonds.

Your best way to get a bond lowered is to contact a Board Certified Criminal Law Specialist in the jurisdiction where the charges are pending. Many times a great deal of money can be saved by applying your financial resources to an outstanding lawyer than handing it over to a bail bondsman and being required to hire a less qualified lawyer or rely on a court appointed lawyer.

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