MCLENNAN COUNTY BAIL GUIDE
Bond Conditions and Violations in Texas
Getting out on bond is not the finish line. A magistrate can attach conditions to your release, and breaking one can land you back in jail with a new problem. Chapman's Bail Bonds, 254-855-9885, goes over your conditions with you when the paperwork is signed.
Where bond conditions come from
Chapter 17 of the Texas Code of Criminal Procedure is the bail chapter. Under Article 17.028 a magistrate has to make the bail decision without unnecessary delay and no later than 48 hours after arrest, after individually considering the circumstances and the factors listed in Article 17.15(a). The magistrate is directed to impose the least restrictive conditions and the bond needed to reasonably assure that you come back to court and that the community and any victim stay safe.
Article 17.40 is the general condition-setting authority: to secure your attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or the safety of the community. That is broad language, and different judges use it differently.
Conditions are written into your release paperwork. Read them at the jail before you walk out, and keep the copy. Almost every avoidable bond revocation starts with somebody who never read the page.
Conditions you actually see in Texas cases
Some conditions are discretionary and some are close to mandatory depending on the charge. On repeat and aggravated intoxication offenses, Article 17.441 requires the magistrate to order an ignition interlock device on the vehicle you drive, installed at your expense, generally before the 30th day after release, and prohibits you from driving anything without one.
In family violence cases, Article 17.49 lets the magistrate keep you away from specifically described homes, schools, workplaces, and other locations the alleged victim uses, order GPS monitoring with a reimbursement fee, and prohibit tracking or monitoring the alleged victim's property or vehicle. Article 17.41 covers no-contact conditions where the alleged victim is a child under 18, and Article 17.46 covers stalking cases.
- No contact, direct or indirect, with the alleged victim
- Stay-away zones described by address and minimum distance
- Ignition interlock or portable alcohol monitoring in intoxication cases
- GPS ankle monitoring, curfews, and pretrial officer check-ins
- No new criminal offenses and no possession of firearms
- Drug testing, counseling, or a DNA specimen under Article 17.47
What counts as a violation
A violation is anything that breaks the written condition, and courts do not weigh your intentions much. A text message through a cousin is still indirect contact. Driving your mother's car without an interlock is still driving without an interlock. A missed check-in is still a missed check-in, even if the officer was late returning your call.
Some violations are also new crimes. Contacting a protected person in a family violence case can be charged under Penal Code Section 25.07, which means a fresh arrest, a fresh bond, and a much harder bond hearing than the first one.
If a condition is impossible for you to follow, do not just break it. That is a conversation for your defense attorney, who can ask the court to modify the condition. A bondsman cannot change a court-ordered condition and neither can you.
What the court can do about it
Under Article 17.40(b), the magistrate may hold a hearing limited to whether you violated a condition imposed under that article, and may revoke your bond if the violation is proven. That is a court proceeding, not a paperwork step, and you should have a lawyer at it.
There is a second route. Article 17.09, Section 3 lets the judge in whose court the case is pending order you rearrested and require a new, higher bond when the bond is found defective, excessive, or insufficient in amount, or when the surety is no longer acceptable. The Texas Court of Criminal Appeals confirmed in Ex parte Gomez that a bond can be revoked as insufficient in amount even after it has been posted.
Bond revocation under Chapter 17 is separate from bail forfeiture under Chapter 22. Revocation is about your freedom. Forfeiture is a civil action about the money, aimed at the defendant and the surety.
Handling conditions without going back to jail
Practical habits matter more than good intentions. Put every court date and check-in on a calendar with alerts. Keep proof of interlock installation, class attendance, and clean tests in one folder. Tell your bondsman when you move or change phone numbers, because that office is often the first to learn about a new setting.
Family violence bonds carry the most extra machinery, and paperwork can hold up a release. Break 'Em Out Bail Bonds at 254-400-2663 handles family-violence cases and the extra release conditions that come with them if that is the situation you are dealing with.
For the bond itself, start with Chapman's Bail Bonds at 254-855-9885. Licensed in McLennan County, open 24/7/365, and committed to having the bail posted and paperwork turned in within 30 to 45 minutes once you are approved.
Frequently asked questions
Who sets the conditions on my bond?
The magistrate who makes the bail decision sets them, and the judge over your case can change them later. Article 17.40 lets a magistrate impose any reasonable condition related to victim or community safety, and specific articles add required conditions for certain charges.
Can my bondsman remove a bond condition?
No. Conditions come from the court, not the bonding company. Only the court can modify or lift a condition, and that request normally comes through your defense attorney by motion.
Will one missed check-in revoke my bond?
Not always, but it can start the process. Prosecutors can move for a hearing under Article 17.40(b), and the magistrate can revoke the bond if a violation is proven. Call your pretrial officer and your attorney the same day rather than waiting.
How do I get a bond condition changed?
Your attorney files a motion asking the court to modify the condition and explains why the change still protects any victim and the community. Do not stop following the condition while you wait for the ruling.
Can I be rearrested even if I have not violated anything?
Yes, in limited circumstances. Under Article 17.09, Section 3 a judge who finds the bond defective, excessive, or insufficient in amount, or the surety no longer acceptable, can order a rearrest and require a new bond.
Does a bond revocation mean I stay in jail until trial?
Not necessarily. The court can set a new bond, often higher and with tighter conditions. Whether a new bond gets set and what it costs is a legal question for your defense attorney, not something a bondsman decides.