This article is an introduction to bail in New Braunfels and Central Texas. If you want to discuss questions about bail, please contact an attorney.
Under the Bill of Rights of the Texas Constitution, most criminal defendants have a right to bail. Bail may be denied in two instances: capital murder and repeat offenders in certain cases.
A hearing is required before a judge may deny bail. Since a court may deny bail in only two instances, prosecutors have ways to work around these barriers. Prosecutors avoid bail hearings by setting the bail at an amount that most people cannot afford.
Courts may impose certain conditions on persons released on bail. For example, the judge may instruct the defendant not to go near the alleged victim, or the court may require the defendant to submit to electronic monitoring.
If the bail is too high, you may challenge the amount by seeking a writ of habeas corpus. In Texas, a writ of habeas corpus is a court order in which the judge demands a law enforcement agency to produce a detainee for a court hearing.
Prosecutors must show that they have a valid reason for detaining the person. If the judge determines that the bail amount is too high, the court can release the detainee.
Detained defendants can petition the court for a writ of habeas corpus. If the judge grants the petition, they will issue the writ and schedule a habeas corpus hearing. Detainees can argue that the State detained them with excessive bail.
Contact me for a free case review if you are charged with a crime in Comal County, or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.