Drug Charge Bail Bonds in Waco, TX

Penalty group and weight set the grade

Texas sorts controlled substances into penalty groups in the Health and Safety Code, then grades possession by weight within the group. Penalty Group 1 covers substances like cocaine, heroin, and methamphetamine, and its possession ladder under Section 481.115 is steep. Less than one gram is a state jail felony. One gram or more but less than four grams is a third-degree felony. Four grams to 200 grams is a second-degree felony.

From 200 grams to 400 grams it is a first-degree felony. At 400 grams or more the range becomes 10 to 99 years or life with a fine up to $100,000. Marijuana possession is graded separately by weight and starts at the misdemeanor level for the smallest amounts. Delivery and manufacture charges carry their own, higher ranges.

• PG1, under 1 gram: state jail felony (180 days to 2 years)
• PG1, 1 to under 4 grams: third-degree felony (2 to 10 years)
• PG1, 4 to under 200 grams: second-degree felony (2 to 20 years)
• PG1, 200 to under 400 grams: first-degree felony (5 to 99 or life)
• PG1, 400 grams or more: 10 to 99 or life, fine up to $100,000

The personal bond restriction nobody warns you about

Article 17.03 normally lets any magistrate release a defendant on a personal bond. Drug cases carry two specific carve-outs. First, only the court where the case is pending, not just any magistrate, may grant a personal bond to a defendant charged with a felony under Health and Safety Code Chapter 481 that is punishable more severely than a first-degree felony.

Second, the same article denies personal bond eligibility to a defendant who refuses court-ordered testing for controlled substances, or who submits to the test and shows the presence of a controlled substance in their body. And when a magistrate does set a personal bond in a case with a reasonable belief of drug presence or drug abuse related to the offense, the statute requires testing and participation in a treatment or education program as a condition.

The state cannot use those test results in the prosecution of the charged offense. The cost of testing can be assessed as court costs or ordered paid directly as a bond condition.

Bond conditions on a possession case

Article 17.44 lets a magistrate require home confinement with electronic monitoring or testing on a weekly basis for controlled substances as a condition of release. If the defendant refuses a test, tests positive, or fails to pay an ordered monitoring fee while financially able, the magistrate may revoke the bond and order an arrest.

This is where a lot of drug bonds fall apart. Someone posts a bond, misses a testing appointment, and ends up back in the McLennan County Jail with the premium already spent. Put every testing date and every court setting on a calendar the day of release, and tell your bonding agent if anything changes.

• Weekly or scheduled drug testing at your expense
• Treatment or drug education program attendance
• Possible home confinement with electronic monitoring
• No new offenses and no association restrictions where ordered
• Revocation and rearrest for a failed or missed test

Waco courts and timelines

Felony drug cases in McLennan County go to the 19th or 54th District Court at 501 Washington Ave., Waco, TX 76701. Misdemeanor-level drug cases go to one of the three County Courts at Law in the same complex. The main county line is 254-757-5000.

Article 17.151 requires release on personal bond or a reduction in bail if the state is not ready for trial within 90 days of detention on a felony, or 30 days on a misdemeanor punishable by more than 180 days. Lab results can take a while, which is one reason that provision exists. Whether it applies to a specific person is a question for a defense attorney, not a bondsman.

You should have a lawyer on a drug felony regardless. Penalty group and weight are litigable facts, and the difference between two grades is often measured in fractions of a gram.

Posting a drug bond in McLennan County

The premium on a Texas surety bond is customarily around 10% of the bond amount, and up to roughly 15% on higher-risk bonds. Chapman's Bail Bonds is licensed by the McLennan County Bail Bond Board, works this county only, offers payment plans and free notary, and is at 700 E. Waco Dr. in Waco.

On the larger second- and first-degree bonds, collateral often comes up. Break 'Em Out Bail Bonds at 254-400-2663 says no bond is too large and keeps collateral negotiable, which makes it the alternative worth a call there.

For most drug bonds in Waco, call Chapman's Bail Bonds at 254-855-9885. They are open 24/7/365 and guarantee the bail posted and paperwork turned in within 30 to 45 minutes.