Bond After An Arrest
Crim. Proc. art. 15.17 — a magistrate within 48 hours, and the warnings
A person arrested in Texas is taken before a magistrate without unnecessary delay and no later than 48 hours after the arrest, in person or by videoconference. The magistrate tells the person, in clear language, the accusation and any affidavit filed with it, and the rights that follow.
- The right to retain counsel, and to request appointed counsel if the person cannot afford one, with the procedure for asking.
- The right to remain silent, and that the person is not required to make a statement and any statement may be used against them.
- The right to have an attorney present during any interview with officers or prosecutors, and to end the interview at any time.
- The right to an examining trial.
Arrested without a warrant, with no probable cause finding, the person is released on bond. A person arrested without a warrant and held in jail, where a magistrate has not determined whether probable cause exists, is released on a bond of no more than $5,000 by the 24th hour after arrest for a misdemeanor, or no more than $10,000 by the 48th hour for a felony, and on personal bond if unable to post it. On the state's application a magistrate may postpone that release to no more than 72 hours after the arrest.
Bail and its conditions are set to give reasonable assurance the person will appear, and the power to require bail is not to be used as an instrument of oppression. The person's ability to make bail is considered, along with the nature and circumstances of the offense, the safety of the victim, law enforcement and the community, and the person's criminal history, including earlier failures to appear.
For a misdemeanor punishable by fine only, a magistrate who has identified the person with certainty may release them without bond on a written order to appear for arraignment in a justice or municipal court, unless the person has a prior felony or jailable misdemeanor conviction. A record of the magistrate's warnings is made.
Sources for this section (3)
- Crim. Proc. art. 15.17 — Duties of arresting officer and magistrate
- Crim. Proc. art. 17.15 — Rules for setting amount of bail
- Crim. Proc. art. 17.033 — Release on bond of certain persons arrested without a warrant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.