Can you get bail on a felony charge?
As many as 95% of all criminal cases, whether felony or misdemeanor, have a bail amount set. It is generally up to the courts to decide whether or not to grant felony bail. Much of this will depend on the circumstances. The judge will use his or discretion on whether to set bail on a felony charge. One of the main things that will determine if bail is set is the judge can establish whether you’ll return to court on your scheduled court date. This decision will rest on several factors, including your past criminal history, your status in the community and the offense you committed
How much is bail for a felony?
Felony bail amounts will vary in Texas depending on the level of the offense committed. Texas has several levels of felony offenses, divided into classes.
- State jail felony: These are offenses that don’t readily fit into other classifications. Most will not involve weapons, and punishment ranges from 180 days to two years in jail, along with up $10,000 in fines.
- Third degree: A less serious felony offense like possession of five to 50 pounds of marijuana that carries a prison sentence of two to 10 years in prison and up to $10,000 in fines.
- Second degree: A crime that carries a sentence of two to 20 years prison time and fines up to $10,000.
- First degree: A crime like sexual assault of a child that carries a prison sentence of five to 99 years or life.
- Capital felony: Crimes like murder that can receive sentences including life without parole or the death penalty.
For felony bail you might expect the bail to be set at anywhere from about $5,000 to $20,000. Felony bail for theft may be less than bail for very serious crimes like first-degree murder, which could be set higher, even into the millions of dollars. With some offenses like a capital murder charge no bail could be set.
Once bail is determined, you may need help from a bond agent to pay felony bail. In the Weslaco, TX, the leading bail bonds service is Rodriguez Bail Bonds. We have more than 40 years of experience with bail bonds, so give us a call at for help.
How is the amount of bail determined?
When determining the amount of bail, the judge will consider the offense, as well as your criminal background, social status in the community, and the likelihood that you will return for your court date. The likelihood of your showing up for court is usually the primary determinant in the bail amount. If this is a first offense and you have a job and an otherwise good history within the community you live, it’s possible you may be released on your own recognizance, without paying any bail amount.
Some courts may use a program that has a mathematical algorithm to determine the bail amount. Your information is entered into the program and the program sets a score or provides a recommendation based on the algorithm. The programs determine assess the risk you may commit another crime or fail to appear.
Felony no bail
There are many reasons a judge may determine no bail should be set. Depending on your circumstances and background, the judge may let you go on your promise to show up for court. This is release on recognizance. If you are violating the terms of your probation from a previous conviction, it’s very likely you will not get bail, and will have to remain in jail until your court date.
Your criminal history and background, as well as the type of crime committed play major roles in determining the bail amount, or if bail is granted at all. If have a long string of convictions, and commit another crime, you may not be granted bail. The courts have final say on bail.
Will I go to jail for first felony?
When you’re first arrested on felony charges, whether or not it’s a first offense, you will at least spend a few hours or a few days in jail, until your arraignment or bail hearing. Once you post bail you’ll be released. If you cannot afford bail, you’ll remain in jail until your court date.
If you have been tried and convicted of a felony offense, it will be up to the judge or jury to decide your sentencing. Depending on the type of offense, many first-time felony offenders will not receive state jail time. With some drug charges, for instance, the recommended sentencing may be deferred adjudication or probation. Other offenses such as murder or sexual assault of a child you’ll normally receive jail time, even for first offenses.
Can you get bail out of jail after sentencing?
State laws will vary, but in some cases, a defendant can be released from jail on bail after being sentenced. This is a fairly rare circumstance, and usually only occurs for less serious offenses. Bail may be granted in the case of an appeal, for instance, or if the sentence is relatively short, as it may be with some minor crimes. Post-conviction bail for serious crimes is rarely granted because those convicted are considered flight risks.
Can a felon bail someone out of jail
While it’s technically possible for a felon to bail someone out of jail, it may not be the best choice to do so, especially if you are on probation. Before posting bail for someone, you may want to check with your probation officer to see if it would violate the terms of your probation. You could be considered to be associating with known criminals or with someone involved in a criminal act.