No Bond in Texas

The Legal Authority to Deny Bail in Texas and Defense Strategies

The bond rules in Texas have changed. Historically, the Texas Constitution held that “all prisoners shall be bailable by sufficient sureties.” However, recent changes give the State new ways to hold a defendant at no bond in Texas.

Judges now have expanded authority to deny bail for violent and sexual offenses. This follows the passage of Proposition 3 on November 4, 2025, which creates a “no bond” scenario in specific cases.

But a “no bond” order is not automatic. It is also not necessarily permanent.

So when can a judge hold a person with no bond in Texas?

1. Capital Offenses: The “Proof Evident” Standard

The oldest exception to bail applies to capital murder cases. Under Article I, Section 11 of the Texas Constitution, a judge may deny bond when the “proof is evident”.

• The Burden: The State must produce “clear and strong evidence.” This evidence must lead a dispassionate judgment to conclude three things. First, the offense occurred. Second, the accused is the guilty party. Third, a jury would return findings requiring a death sentence.

2. Proposition 3: New No Bond law in Texas:

Voters ratified Proposition 3 on November 4, 2025. The Texas Constitution (Article I, § 11) now requires judges to hold a defendant at no bond for certain offenses and after certain procedural steps. This effectively imports a federal-style “preventative detention” model. https://law.justia.com/constitution/texas/sections/cn000100-001100.html

Applicable Offenses This power applies to “violent or sexual offenses,” including:

• Aggravated Assault (with a deadly weapon or causing serious bodily injury)
• Aggravated Robbery
• Aggravated Kidnapping
• Sexual Assault and Indecency with a Child
• Human Trafficking

The State’s Burden A “no bond” order is not automatic. The prosecutor must file a motion and prove one of two prongs:

1. Flight Risk: Prove by a preponderance of the evidence that bail cannot prevent willful failure to appear.
2. Community Safety: Prove by clear and convincing evidence that bail cannot ensure the safety of the community, law enforcement, or the victim.

Defense Strategy: Attack “Future Danger” To survive a Proposition 3 hearing, a defense attorney can challenge the State’s narrative. Prosecutors often rely on speculative evidence or generic “Public Safety Reports” (PSAs).

• Specificity Requirement: A generalized danger is insufficient. The nature of the charge alone does not prove danger. Case law requires a specific and articulable threat. This often requires a nexus to a specific victim rather than the public at large. https://www.casemine.com/judgement/us/5914f15badd7b0493497aaf3
• Challenging PSA Scores: Algorithms often use stale data. For example, old traffic tickets may count as “Failures to Appear.” For cases involving assault, they often lack context regarding self-defense, for example. Essentially, they usually lack the “full picture” of what actually occurred.
• The “Least Restrictive Means”: A defense attorney can argue that “sufficiency” does not require jail. Conditions such as GPS monitoring or house arrest can neutralize safety concerns without incarceration.

3. Habitual Offenders & Deadly Weapons (Art. I, § 11a)

Under Section 11a, a judge may hold a defendant without bond in certain felony cases. This applies if the defendant:

• Has two prior felony convictions;
• Committed the new felony while on bail for a prior felony; or
• Committed a felony involving a deadly weapon and has a prior felony conviction.

Crucial Limit: A “no bond” order in Texas under this section is valid for only 60 days. If the State is not ready for trial by then, the judge must set bail.

4. Violation of Bond Conditions

Under Article 17.152, a magistrate may revoke bond if a defendant violates a condition related to victim safety in a family violence case. It also applies if they violate a protective order.https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-17-152/

5. The 90-Day Rule: Mandatory Release (Art. 17.151)

Even when detention is authorized, the State cannot hold an individual indefinitely at no bond in Texas without formal charges. Article 17.151 of the Texas Code of Criminal Procedure acts as a mandatory release valve.https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-17-151/

• The Rule: The State must be ready for trial within 90 days of detention. If not (usually meaning no valid indictment), the judge must release the accused.
• The Remedy: The judge must release the defendant on a personal bond or reduce bail to an affordable amount.
• Mandatory Nature: The Texas Court of Criminal Appeals confirmed this rule in Ex parte Gill. A judge cannot keep the bond high based on “community safety” once this timeline expires. https://www.casemine.com/judgement/us/5914f15badd7b0493497aaf3

Conclusion

Proposition 3 and Article I, § 11 provide powerful tools for the prosecution. But they are not rubber stamps. They demand rigorous evidentiary hearings. A proactive defense can challenge the necessity of detention.

Furthermore, strict statutory time limits check these powers. The 60-day limit for habitual offenders and the 90-day limit for unindicted felonies prevent indefinite detention.

Facing a “no bond” order is a critical legal emergency. It demands more than patience. You need a strategic defense to dismantle the State’s “future danger” claims.

If you are detained at no bond, you need serious legal counsel. You need someone who knows about the recent changes in the law & prepared to enforce these specific constitutional rights and fight to get you a bond. Contact Attorney Paul Meyers at The Meyers Firm, PLLC.

The Meyers Firm, PLLC Phone: 936-766-5171 Email: meyerspaulesq@gmail.com.

Additionally, if you or a loved one was arrested in Montgomery County, Texas, see here for an explanation of the arrest and booking process: /blog/arrested-in-montgomery-county-texas/