Facing arrest is a scary prospect. Our justice system, however, is predicated on the idea that one is innocent until proven guilty. So much of our justice process then follows this trajectory and ensures that every defendant gets a fair trial. Before a defendant can stand in front of a judge and jury, there is a long process that has to happen. There need to be changes made, attorneys called, and prosecution cases put together. The burden of proof is more often than not on the prosecutor and given how long it can take to put together a case, a person might be waiting months before they get things settled. So as a defendant or a loved one of the defendant’s, it is important to know the law and familiarize yourself with some rules. Every state is a little bit different on this, so let’s look at some Texas regulations.
How Long Can I Legally Be Held in Jail While Awaiting Trial?
Many people that are arrested often have this question in mind. After all, one of the most stressful times is not knowing exactly the status of your trial. There is a statutory minimum for how long a defendant can be held in jail as they await their trial. In most instances, the time limitations depend on the severity of the charges.
The state or prosecution does not have indefinite time to prepare the case while the defendant waits in jail. If the case is not ready by a certain time, the court is forced to release defendants on several conditions until they await their trial.
The Texas Code of Criminal Procedure Article 17.151 states several limitations. If the charges are Class A misdemeanor, the time limitation that someone can be held in jail is 30 days. If the charges are a Class B misdemeanor, then the limitation of time is 15 days from the day of detention and 5 days if the defendant faces Class C misdemeanor charges. says that a person that is awaiting trial for a felony offense must be released on bond or by reducing the bail required if the state is not ready for trial within 90 days.
So What Happens If the State is Not Ready For Trial
If the court exceeds these time limitations and still has not started your trial, they will be forced to release you on bail or reduce your bail amount. Once that happens, if you still cannot afford your bail amount you have two options: you can hire a bail bondsman to help you cover the bail or you will have to agree to wait in jail until the trial date. For most people, waiting in jail for more than 30 days can be a very heavy blow. This causes people to lose jobs, strain relationships, and if the defendant has childcare responsibilities, it can make it even more complicated.
What About Travel While I’m on Bail?
Every situation is different and while many people that have been arrested choose to stay put and work on their defense or work on their personal situation at home, not everyone is the same. Many times, people have to travel for a variety of reasons: maybe you had an important trip for work, need to see a family member, or have shared custody of a child in another city. Whatever the situation may be, if you have been arrested and are wondering whether you are allowed to travel, here’s some advice.
It is mostly recommended that you stay put while out on bail. Part of the reason bail exists is to make sure that defendants see their day in court and do not try to flee. While it might not be in everybody’s plans to flee the country, it seems to make everybody quite jittery. So if you cannot skip the trip, make sure you talk to your bail bondsman and ensure that you are legally allowed to do so. While you are out on your trip, you want to maintain regular contact with your bail bondsman as well, just to put them at ease that there is no intention to escape. You want to make sure they know the length of your trip, the destination, and where you are staying.
There are two instances where travel is simply a no-no. If you have been accused of a federal crime, you should not leave your city. Federal bonds restrict defendants to a certain area and you don’t want to risk getting caught outside of it. If you have skipped bail before and have evaded court dates in the past, the judge will be much harsher and likely take away your passport to ensure there is not travel.
Questions on Bail? Call a Trusted Bail Bondsman in El Paso, Texas
There are likely many questions you might have regarding a loved one that is facing arrest and possible bail. If you have any questions, feel free to call our office and we can help. We are here to facilitate the legal system and make it as easy as possible for defendants to continue their lives while they await their trial.