Denial of Bail
Certain circumstances allow a Judge in Texas to deny bail to an individual charged with felonious conduct. If an individual has committed prior felonious acts or is on community supervision (probation) then depending on the severity of the crime alleged, the individual may be denied bail. Denial of bail is possible in the circumstances listed below:
- The individual is charged with capital murder and the state establishes a likelihood of conviction and the death penalty;
- The individual is charged with a felony and has two prior felony convictions;
- The individual is charged with a felony while on bail for a previous felony;
- The individual is charged with a noncapital felony involving the use of a deadly weapon and has a prior felony conviction;
- The individual is charged with a violent or sexual felony while on community supervision or parole for a felony;
- The individual is charged with a sex crime committed against a child younger than age 14 and the defendant violated a bail condition related to the safety of the victim or community; or
- The individual has violated a condition on bail related to the safety of a victim or the community.
If an individual is denied bail by a District Judge the order denying bail is limited to 60 days. There is always the option for an individual to appeal the denial of bail. If you are currently in a situation in which one of these seven exceptions to a bail apply, please seek a lawyer. The first step to enforcing your rights is understanding them.
Julian Nacol, Attorney
Nacol Law Firm P.C.