In the beginning the most important consideration for many people is generally bail. In many misdemeanor cases the amount is  fairly low, and therefore easily met. However, in more serious cases the amount of bail may be a significant issue. Whether or not someone remains in jail while there case is pending, or is able to be released, may depend on the amount of bail required.

Bonds are set when a person first appears before a magistrate. In some counties that may be immediately following the arrest, or it may be the following day. The magistrate will inform the person what they are charged with, and set the amount of bail. Many magistrates have standard bonds for certain types of cases. For example, in McLennan County, the bond for a first DWI  is generally going to be between $1-$3000. The amount may vary depending on the seriousness of the charge, or the history of the defendant. That may be provided by the arresting officer, who can include that information in the affidavit for arrest, or in person. It is not uncommon for an officer to request a certain bond, or ask that it be set either high or low.

The Texas code of criminal procedure sets forth the requirements for setting the amount of bail. As you would imagine, they are fairly broad, and subject to interpretation. The five factors identified by article 17.15 are as follows:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of paper in print oppression.
3. The nature of the offense and the circumstances under which it is committed are to be considered
4. The ability to make bail is to be regarded and proof may be taken upon this point.
5. The future safety of the victim of the alleged offense in the community shall be considered.

After reading those factors you might wonder what they really mean. They can be interpreted almost anyway consistent with the position you are advocating. The main reason for that is that they are often. For example, the ability to make bail may suggest a low bail, while the future safety of the victim and the community might suggest a high bail. In reality, the most important factor for most judges is the safety of the community and the victim. That means the lawyer’s job is to convince the judge that the individual will not be an danger.

It is always important to remember that the purpose of the bail is to ensure a person’s appearance at court. It cannot be used to punish a defendant, since they have not been found guilty. There is often a fine line that must be drawn, which ultimately comes down to a judge.

If bail is set too high, it can be challenged. How you do so, and the factors to consider will have to be the subject of another post.