By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

Collin County has been increasingly altruistic when it comes to conditions of bonds. Not surprisingly, the intended beneficiary of this sort of altruism is not the person accused of an offense. Setting of bond and of bond conditions is weighted heavily toward a concern for the community. Especially in cases like Driving While Intoxicated, the courts require individuals released after posting bond to also meet certain requirements to remain free while a case is pending.

This can be frustrating for an accused person who is supposedly presumed innocent. The law provides that a balance should be struck between the presumption of innocence and the compelling interest in requiring the accused to appear to answer the accusation against him. See Ex Parte Simpson, 77 S.W.3d 894. By law, the following factors (paraphrased) have been provided to trial courts in determining how to set bail:

• Bail should be high enough to secure the accused’s attendance in court
• Bail should not be used as an instrument of oppression
• The nature and circumstances of the offense should be considered
• The ability to make bail should be considered
• Future safety of a victim and/or the community should be considered
• In setting the amount, the accused’s work record should be considered
• The accused’s family and community ties should be considered
• The accused’s length of residence should be considered
• The accused’s prior criminal record should be considered
• The accused’s compliance with previous bond conditions should be considered
• The existence of other bonds, if any, is a factor
• Any aggravating circumstances surrounding the offense is a factor.

Even a cursory glance at these factors illustrates that our appellate courts merely pay lip service to the presumption of innocence in this process. In reality, the rights of the accused in the setting of bond and bond conditions pale in comparison to those afforded through the remainder of the criminal justice process.

What is a Bond Condition?

A bail bond is legally defined as the “monetary amount for or condition of pretrial release from custody . . . . The purpose of bail is to ensure the return of the accused at subsequent proceedings.” In Texas, the implementation of bail bonds is controlled by Article 17, Texas Code Crim. Proc.  Section 17.40 of the Code provides a judge or magistrate with authority “to secure a defendant’s attendance at trial,” and allows the court to impose “any reasonable condition of bond related to the safety of the victim of the alleged offense or to the safety of the community.”

In layman’s terms, a judge or magistrate can require just about any condition he or she wants. So long as it does not violate some other Constitutional Right, judicial determinations on bond conditions are virtually never reversed.

In Collin County, typical bond conditions that arise in some but not all cases include:

• submission to random urinalysis,
• installation of a deep lung device (in DWI cases),
• ankle monitoring for drugs and alcohol (in serious offenses),
• ankle GPS monitoring (in serious offenses).

How Can My Bondsman Create Conditions?

In addition to whatever is ordered by a court, people who utilize a bondsman instead of posting bond in cash may be subject to additional conditions. By contract, a bondsman may require his customer to follow certain rules. Some may be as simple as checking in once every month and others may be more onerous, especially if the bondsman is particularly eager to rid himself of the liability for which he signed up. Violating a contract with the bondsman is not the same as violating a condition of bond, but the ramifications can be the same. In many instances, a bondsman may be able to file an affidavit to surrender principal (“go off bond”) which would result in re-arrest.

Am I on Probation Now?

I can imagine that it would feel that way. In Collin County, courts imposing conditions of bond typically require the accused to also report to the Pretrial Supervision Office. This is physically located in the same office as probation and run by people who do very little to help maintain the distinction. Despite how it may feel, if you find yourself subject to a condition of bond, it is important to distinguish between roles as a person released on bond and a person charged with an offense. Your rights to be presumed innocent in a court of law and to hold the State to the burden of proof beyond all reasonable doubt still applies and are still two of the most powerful rights in our legal system.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.