Bond Conditions in Bexar County: What They Actually Require
Most people leaving the Bexar County Jail after a magistrate hearing focus on the bond amount, which is reasonable. The bond amount is what gets them out. The conditions of release that came with the bond are usually skimmed and forgotten. They should not be.
This post walks through what bond conditions are in a Bexar County case, what they actually require day to day, what happens when they are violated, and what a defense lawyer can do about them at the start of a case and along the way.
What bond conditions are
When a magistrate sets bond in Bexar County, the magistrate is doing two things at once. Setting the dollar amount that the defendant has to put up to be released[1], and setting the conditions under which the release operates. The conditions are court orders. Violating them is a separate criminal exposure and a basis to revoke the bond.
The Texas Code of Criminal Procedure authorizes a wide range of bond conditions in Article 17.40 and related provisions. In Bexar County, the conditions imposed depend on the charge, the defendant’s history, and the court’s risk assessment.
Common bond conditions by case type
DWI cases. Once the case moves past Central Magistrate, courts often impose an interlock requirement on the vehicle. An interlock device requires a breath test before the vehicle starts. The cost runs on the defendant. Driving anything without an interlock during this period is a separate offense.
Drug cases. Random drug testing is common.[4] The defendant reports to a testing facility on demand, sometimes weekly, sometimes on a randomized schedule. A failed or missed test is a bond violation.
Family-violence-flagged assaults. A no-contact order with the complainant is almost universal.[5] The defendant cannot be present at the family home, cannot contact the complainant directly or through third parties, and sometimes cannot be within a certain distance of the complainant’s workplace or school. The protective order in the related civil case imposes overlapping requirements.
Sex offenses. Conditions are heavier and more specific. Restrictions on contact with the alleged victim, restrictions on contact with minors, electronic monitoring[6] in some cases, and specific reporting requirements.
Firearms-related cases. Surrender of firearms held by the defendant[7], with documentation to the court.
Travel-restricted cases. A defendant who has resources or out-of-state contacts is sometimes restricted to Texas, or to Bexar County, with written permission required to leave.
The standard set
Beyond charge-specific conditions, almost every Bexar County bond carries a baseline set of conditions. Appear at every scheduled court setting. Do not commit a new offense. Notify the bonding entity or the court of any change of address or employment. Do not leave the State of Texas without written permission. Do not consume alcohol or controlled substances except as prescribed. Do not associate with co-defendants or known criminal associates.
Those baseline conditions look generic on paper. They are enforceable. A new arrest, even on a minor charge, while on bond for a Bexar County case is grounds for bond revocation regardless of the original charge.
What a defense lawyer does about bond conditions
Bond conditions are not fixed forever once set. They are modifiable on motion.[8]
The defense lawyer’s first review is whether the conditions imposed are appropriate to the case. A no-contact order that prevents the defendant from going home and seeing children is sometimes appropriate, sometimes overbroad. An interlock requirement might be standard for a DWI but disproportionate for a low-BAC first offense. Travel restrictions may interfere with employment. Random testing may be reasonable or may be excessive.
When the conditions interfere with employment, family, or treatment in a way that cannot reasonably be sustained for the duration of the case, the defense files a motion to modify. The court hears the motion. Some courts modify routinely. Others do not. The defense lawyer brings evidence and argument to demonstrate why the modification is appropriate.
The other piece of the defense work is keeping the client out of trouble. A bond condition that the defendant violates because they did not fully understand it is preventable. A clear conversation early in the case about what each condition requires day to day reduces the risk of an unnecessary bond revocation.
What happens when a bond condition is violated
A bond violation has two potential consequences. The bonding entity, if surety, may move to surrender the defendant and revoke the bond. The State may move for bond revocation directly.[9] The court holds a hearing on the alleged violation. The standard is preponderance of the evidence.[10]
If the bond is revoked, the defendant goes back into custody and a new bond is set, usually higher. If the new bond is unaffordable, the defendant sits in pretrial detention until the case resolves. That detention often pushes a case toward a less favorable resolution because the defendant’s leverage decreases the longer they are inside.
A violation that is also a new criminal offense, like a new arrest, creates the dual exposure of the new case plus the bond revocation on the old case. The defense work in that situation runs in parallel on both fronts.
The honest version
Bond conditions are easier to comply with when the client understands them. The first conversation in a Bexar County case includes a careful read of the conditions sheet. Each line gets explained in plain language. Each ambiguity gets clarified. The client leaves with a clear picture of what they can and cannot do for the duration of the case.
That step is unglamorous. It was also the step that prevented the most preventable bond revocations in this practice.
What this office handled
Forrest Good represented people on bond in Bexar County criminal cases, including the bond-modification work and the response when a bond condition was alleged to have been violated. The Bexar County criminal defense page covers the broader procedural arc, and the DWI page covers the specific bond-condition profile of DWI cases.
This article is part of the firm’s free educational library. Forrest Good PLLC is not accepting new clients. Anyone seeking a criminal defense lawyer in San Antonio can find one through the San Antonio Criminal Defense Lawyers Association at www.sacdla.com or the State Bar of Texas at www.texasbar.com.
References
- Tex. Code Crim. Proc. art. 17.15 (West 2024) (rules for fixing amount of bail). [link]
- Tex. Code Crim. Proc. art. 17.43 (West 2024) (home curfew and electronic monitoring as condition); art. 17.45 (random testing). [link]
- Tex. Code Crim. Proc. art. 17.291 (West 2024) (further detention of certain persons in family-violence cases). [link]
- Tex. Code Crim. Proc. art. 17.43, 17.49 (West 2024) (electronic monitoring; conditions for sex offenses involving children). [link]
- Tex. Code Crim. Proc. art. 17.292 (West 2024) (magistrate’s order for emergency protection; firearms surrender). [link]
- Tex. Code Crim. Proc. art. 17.40(b) (West 2024) (modification of conditions of bond). [link]
- Tex. Code Crim. Proc. art. 17.40(b), 17.09 (West 2024) (revocation of bond on violation of conditions). [link]
- Tex. Code Crim. Proc. art. 17.40(b) (West 2024) (proof required to revoke or modify bond conditions). [link]
