What to File with Court to Get Bail In Texas?

The below summary should answer What to File to Get Bail in Texas?

When first arrested the decision to grant a Bond will typically first be decided by the “Magistrate”. This “Magistrate” is usually one of the following:

  • If Arrested by the Texas Department of Public Safety or the Local County Sheriff it is usually a Justice of the Peace at the Local County Jail that decides if and what amount a Bond will be issued at.

  • If Arrested by a Larger Municipal Police it is usually a Municipal Judge at the Municipal Jail that will decide if and what amount a Bond will be issued at.

If a “No Bond” decision is issued or the Bond is to high then a “Motion” that is called a “Writ of Habeas Corpus” can be filed with the applicable County or District Court (courts where actual trials are conducted). This can be drafted and filed by either the Arrestee themselves or by an attorney.

Remember, the “Writ of Habeas Corpus” can be used in numerous scenarios and the issue of Bond is just one. Also, when filed be sure to attach applicable evidence to support your request.

Remember, generally speaking, an Arrestee only has one shot at this request (subject to rare types of changes) so be sure to prepare well ad preferably use an attorney. Also be prepared to counter the prosecutor’s opposition.

So, finally, if your family member needs a Bond so they can be released and look for counsel please utilize our competitive bail bond marketplace here: BailBondBidsNow.com

Likewise, if your family member needs a court appointed attorney utilize our sister service that enables a defendant with the tool needed to make such request with the Judge: SelectYourCourtAppointedAttorneyNow.com

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Texas Bail Amount & Conditions Vary by County and Court