Texas Bail Glossary

Plain-English definitions of the bail and bond terms you are likely to hear from the jail, the court or a bondsman in Texas.

Arraignment

A court hearing where the charges are formally read and the defendant enters a plea. In everyday use, people also use it for the first appearance before a magistrate.

Attorney bond

In Texas, a licensed attorney may act as surety on bonds for clients they represent, subject to county rules (Texas Occupations Code chapter 1704).

Bail

Security given to ensure that a defendant appears in court. It may be posted as cash, through a surety bond, or replaced by a personal bond.

Bail bond board

A county board that licenses and regulates bail bond sureties in that county under Texas Occupations Code chapter 1704. Larger counties are required to have one.

Bail schedule

A list, adopted locally, of standard bail amounts for common offenses, used so that bail can be set quickly for minor charges.

Bond conditions

Rules the defendant must follow while released, such as appearing in court, avoiding contact with certain people, travel limits, drug or alcohol testing or an ignition interlock device.

Bond forfeiture

When a defendant fails to appear, the court can declare the bond forfeited, starting the process of collecting the bail amount from the defendant and surety (Code of Criminal Procedure chapter 22).

Booking

Recording an arrested person's details, fingerprints, photograph and property at the jail.

Capias / bench warrant

A warrant issued by the court for a person's arrest, for example after a missed court date.

Cash bond

Bail paid in full, in cash or certified funds, directly to the court or jail. It is normally refunded (less any lawful costs) at the end of the case if all conditions are met.

Co-signer (indemnitor)

A person who signs the bail bond agreement and promises to repay the bondsman if the bond is forfeited.

Collateral

Property or money pledged to a bondsman to secure a bond, returned when the bond is discharged.

Exoneration / discharge

Release of the bond obligation when the case ends or the surety is otherwise relieved of liability.

Judgment nisi

A provisional judgment of forfeiture entered when a defendant fails to appear; it becomes final unless the surety or defendant shows cause why it should not.

Magistrate

A judicial officer who informs an arrested person of the charges and their rights and sets bail, usually within 48 hours of arrest.

Personal bond (PR bond)

Release without a cash payment or surety, based on the defendant's written promise to appear and any conditions set by the court.

Premium

The fee paid to a bail bondsman for posting a surety bond. It is generally non-refundable; Texas law does not set one statewide rate.

Pretrial services

A county office that may interview defendants, give the court information relevant to bail and supervise release conditions.

Property bond

A bond secured by real property. In Texas, property bondsmen are licensed by the county bail bond board where one exists.

Surety

The person or company that guarantees the full bail amount to the court; a bail bondsman acts as a surety.

Surrender

When a surety returns the defendant to custody and asks to be released from the bond.