What are bond conditions?
Although bond is something we’ve all heard of, many folks don’t understand what exactly it is. When a person is arrested and charged with a crime, after some processing and upon certain conditions and terms being met, they are usually released from custody with a court date to appear. In addition to the promise of the defendant to appear as previously mentioned, the release from custody is often conditioned on other terms as well. These terms are known as conditions of release or bond conditions. Examples of conditions of release include (but are not limited to) pretrial supervision, no contact with a complainant/witness, maintaining employment, staying away from certain locations, curfews, or even simply remaining law abiding.
Bond conditions are set by judges and will vary from county to county. For example, a person who possesses an innocent probative defense in the criminal case may have all conditions of pretrial release lifted in one county immediately whereas a person who has a drug problem may have to go to inpatient drug rehabilitation in another county .
A judge has the power to change bond conditions at any time including during trial. For example if you’re supposed to stay away from your ex-girlfriend while out on bond and you get too close at a bar one night, the judge could temporarily revoke your bonds and it is possible you could spend a night or two in jail until bond conditions are modified.
It is important to understand that bond conditions are different than the punishment. The punishment set by law for an offense is the maximum amount of time you can serve in jail on a conviction. For example, there is no bond condition that is an appropriate "punishment" for a class B misdemeanor assault by contact. Bond conditions are not punishment. They are simply designed to add conditions for your release in order to guarantee that you appear back in court for your scheduled court dates and that everything goes smoothly and without incident.
What Factors determine the duration of a bond condition?
The duration of bond conditions varies based on a number of factors, such as: the severity of the charges being faced, the specific county or jurisdiction in which the case is being tried, and the degree to which the defendant complies with all court orders and restrictions. For example, someone facing a felony offense may face more extensive bond conditions than someone facing misdemeanor charges. In many instances, a person’s bond is set just slightly above their assessed net worth by a judge, whereas there are some situations in which someone is released on "personal recognizance," depending on the discretion of the judge. Severe or violent offenses are also less likely to result in someone being released on their own recognizance, meaning that those people will be required to adhere to stricter bond conditions than someone who is facing a minor infraction or misdemeanor offense. It’s also worth noting that each county in Texas has their own bond conditions. A less populated county may be more lax with their bonding than a more populated, metropolitan area. This may also be largely dependent on whether the crime was committed on the courthouse grounds. Certain counties, like Harris County or Dallas County, often have conditions that may not be found anywhere else in the state of Texas.
How long will common bond conditions last?
Like any condition of bond, the duration of the bond condition is important. The conditions do not last indefinitely. There is a set period of time during which the conditions are bound to apply. The standard for misdemeanors is 2 years and the standard for felonies is 3 years. These are mandatory terms set by the legislature.
The bonds are set forth on their face with expiration dates when you have to appear before a judge to either agree to be placed back on bond or fight for your right to be released on bond. Because the costs incurred by the State in holding you in custody can be significant, bonds are often extended at least once before you can successfully get them exonerated.
Once you successfully have your bond conditions exonerated, you are no longer considered to be conditionally free on bond. You are free!
How can bond conditions be varied or terminated early?
If a defendant can prove that the bond conditions he or she is currently subject to are no longer necessary or appropriate because the alleged facts set forth in the underlying case have changed, then the defendant can move for a modification or termination of the bond conditions. Modification or termination of bond conditions may be sought through the filing of a motion prior to the case being set for a pre-trial hearing or trial. A defendant charged with a crime requiring a bond release can contact an attorney well in advance of trial to discuss the possibility of filing a motion to modify or terminate bond. An experienced Texas criminal defense attorney can draft a motion to modify or terminate bond outlining how the released defendant meets the specific burden for change in bond or termination of bond. These motions are typically filed at a pre-trial hearing date before a trial date (the court setting).
Because the burden is on the defendant to show why the bond should be changed or terminated, the prosecution may or may not present opposing proof at the hearing . In some jurisdictions, the courts simply deny the motions because it is troublesome for the prosecution to appear to oppose its own order. The defendant’s attorney, however, may be able to overcome the opposition by arguing that the prosecutor simply wishes to keep the bond terms for its own prosecution convenience. Before filing a motion to modify or terminate bond, the defendant must consider the big picture of the case and the possible outcome of the motion. If a defendant is charged with a serious crime and that defendant goes before the court for a motion to terminate evidence could be presented showing that the defendant does not need bond. This means that the prosecutor now has evidence which can be used at trial. Therefore, while a defendant may feel that bond conditions are too great or onerous and it is important to them to change those conditions, the overall outcome of the case must be kept in mind. It may not be in the client’s best interest to apply for modification or termination of bond if it means further associating the defendant with a crime he is accused of.
What happens when bond conditions are breached?
When a defendant fails to comply with the conditions of their bond, the legal system has the right to enforce the penalties of the bond. These penalties can include the filing of a motion to revoke the bond or to issue an arrest warrant for the individual in question. If there is a violation of the conditions of the bond, the judge may revoke the bond and hold a hearing to determine whether or not the bond should be revoked and the defendant incarcerated. The judge considers two issues at this hearing: whether the defendant violated the conditions of the bond, and whether the conditions of the bond should be revoked as a result of the violation. It is important to note that the consequences of violating a bond do not stop at the bond revocation hearing. Because a criminal bond is a contract, this means the defendant is responsible for the provisions and the amount of the bond until the provisions are satisfied or the bond is revoked. As such, if the bond is revoked, the bond company may be required to pay the amount on the bond to the court. In turn, they may then seek reimbursement from the defendant for the amount of the collateral posted on their behalf. Furthermore, if a defendant is considered a flight risk and is discovered out of state, the court may issue a warrant for the defendant’s arrest. In addition, if the defendant’s bond is revoked, the defendant will likely be taken into custody by the bond company and either submit to Custody Release® or be placed in jail until the required bond is supplied.
Legal advice and personal circumstances (what else could be relevant)?
The conditions of any bond are important because it is the individual who will bear the consequences should those conditions be broken in any way. We have previously discussed that the conditions a person may be subject to if released on a surety bond are outlined in the Bond Conditions section of the Registrant’s Bond page. Lastly, there are options for you to petition the Court to change your bond conditions in most instances. Please remember that the entire process can be a lengthy one , so it is best to consult with counsel as soon as it appears the conditions are too onerous or unnecessary.
The information contained in this blog entry is for informational purposes only, and is not intended, and should not be taken, as legal advice. You are not now, nor have you ever been, a client of this law firm. No attorney-client relationship has been formed through this blog post.
