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Last Modified on Sep 25, 2025
Being arrested in Texas is a daunting, uncomfortable experience, especially when you’re not permitted bond. If you’re being detained or currently have a loved one who was arrested, you may be wondering, “How long can you be held without bond in Texas?” The answer to this question varies from case to case and is heavily dependent on the charges filed against you. To ensure you protect your rights after being arrested, you should hire a Houston criminal defense lawyer immediately.
What Does It Mean When You Are Being Held Without Bond in Texas?
In Texas, a judge normally sets a bond for an arrested individual. This bond is a set financial amount that must be paid to release an arrested individual while their trial is pending. However, there are some cases when a judge has the right to order no bond. When this happens, the defendant who was not granted bond cannot get out of jail, even if a loved one attempts to pay.
Generally, when a judge does not grant a bond in Texas, it is because they deem a defendant to be a danger to themselves, a danger to the community, or a flight risk. Violent felonies and capital murder charges are common offenses where no bond is set. However, when you or a loved one is sitting in jail, it can be confusing to understand bond requirements and your rights. This makes it crucial to hire a defense lawyer who can explain your rights and legal options.
Looking at Texas Criminal Defense Laws
The State of Texas ranked number six in states with the highest incarceration rates. In 2022, there were 452 prisoners per 100,000 Texans. In Texas, 84.7% of those incarcerated were in state-run facilities, 7.9% were in private prisons, and 7.4% were in local jails.
Texas criminal defense laws grant courts extensive discretion regarding bond decisions. For instance, the Texas Code of Criminal Procedure states that a judge may deny bond in the following circumstances:
- Cases of capital murder
- Defendants with certain previous felony convictions
- When bail conditions were violated in the past
- When the accused poses an extreme risk to the public
Bond decisions must also follow constitutional rules and state and federal law. A person cannot be indefinitely detained without bond in Texas. To ensure your constitutional rights are being respected while you’re detained, it’s important to hire a criminal defense attorney.
Time Limits for Being Held Without Bond in Texas
Texas law mandates that the state either has to prosecute a defendant in a timely fashion or release them. If the state unduly delays prosecution, the defendant’s lawyer may be able to get their client released or fight for a bond reduction due to violations.
In felony cases, the state must charge the defendant within a certain amount of time. The state also may not wait an unreasonably long time to try the defendant. If the state is not ready for trial within a reasonable amount of time, the defendant may be eligible for bond even if it was initially denied.
Misdemeanor cases are supposed to be resolved more quickly, but the same rule applies. If the state unnecessarily delays your case and holds you in jail without bond, you are likely being denied your rights.
What to Do If You Are Denied Bond in Texas
If you are denied bond in Texas, that does not mean you have no recourse. An experienced criminal defense attorney can file a writ of habeas corpus or a motion for a bond hearing to contest the court’s decision. These legal motions provide your attorney with an opportunity to argue that you should be released or that a reasonable bond should be set.
During the majority of criminal defense cases in Texas, defense lawyers can show evidence that proves you don’t pose a flight risk while demonstrating your strong community connections and willingness to adhere to release terms. This will greatly enhance your opportunity for a bond.
About the Law Office of Joseph Ruiz, PLLC
The Law Office of Joseph Ruiz, PLLC, represents those who have been charged with criminal offenses throughout Texas, as well as those who are being detained without bond. Our founding attorney, Joseph Ruiz, holds decades of legal experience and has helped countless Texas residents fight the charges against them. We take pride in handling difficult, high-stakes criminal defense matters with professional, personalized representation.
If you or someone you love is being held without bond in Texas, do not wait to hire an attorney from our firm and learn more about your legal options.
FAQs
How Long Can You Be Held in Jail Without Bond in Texas?
In Texas, how long a person can be detained without bond depends on the severity of the alleged crime. In some cases involving violent or high-risk offenses, a judge can deny bond outright. In others, the law dictates that a hearing must be held in a timely manner to set or deny bond. It’s important to consult a defense attorney to ensure that you being held without bond is not a violation of your rights.
What Is the 90-Day Rule in Texas?
Within Texas criminal law, the “90-day rule” means that certain defendants who are charged with certain offenses must receive a trial within 90 days of being held without bond. The 90-day rule is to protect the constitutional right to a speedy trial. Exceptions to the 90-day rule may apply in certain cases.
What Happens If You Can’t Pay Your Bond in Texas?
If a defendant is unable to pay their bond, they will be required to stay in jail until trial unless a bail bondsman posts the bond on their behalf for a service fee. The court may also take other actions, including a bond reduction hearing or release on its own. The defendant’s inability to pay does not indicate their guilt or innocence but may result in prolonged pretrial incarceration.
What Does a $0 Bond Mean in Texas?
A $0 bond in Texas is a type of bail bond that allows a defendant to be released from jail without having to pay any money up front. This type of bond is often granted by a judge when the defendant is deemed to be a low flight risk and does not pose a danger to the community.
Hire a Criminal Defense Lawyer in Texas Today
The single most crucial action to take if you or a loved one has been arrested without bond is to hire a Texas criminal defense attorney. An attorney can analyze your case, fight illegal detention, and work to secure your release as quickly as possible. Contact the Law Office of Joseph Ruiz, PLLC, right away for a consultation.
