Western District of Texas

Criminal

Is posting a bond required in a criminal case?

After a defendant has been charged with a crime, the Court may require a defendant to post bond to assure that the defendant will appear for trial. Bond is not required in all cases. If the Court determines a defendant will not flee and does not present a danger to persons in the community, the Court may order a defendant released without bond until trial. If, on the other hand, the Court determines a defendant may flee or endanger persons in the community before trial the Court may require the defendant to post bond for his release.

Where bond is required to assure a defendant's appearance at trial, the Court is required under the Bail Reform Act to consider imposing the "least restrictive conditions" on a defendant that will assure that defendant's appearance at trial and will protect the community. In determining whether to impose bond and the amount of bond, the Court will consider: the seriousness of the offense, the length of the potential sentence if the defendant is convicted, the defendant's ties to the community, the danger to the community if the defendant is released, etc.