If you have been arrested for a sex crime, you don’t always have to await your trial behind bars. Instead, you may be eligible for bail. Bail is a deposit of money with the court that is returned to you if you attend all of your legal proceedings. It’s basically a guarantee that you will go to court instead of fleeing. A judge will determine your bail amount based on the severity of the offense, your criminal past, the likelihood that you will flee, and the danger you allegedly represent to others. In certain limited circumstances, a judge may deny your bail for sex crimes altogether.
The initial stages of the criminal justice process are crucial to obtaining a good case outcome, so you should have an experienced sex crimes attorney by your side as early as possible. During these initial stages, the judge will explain your charges, set your bail, and ask you to enter a plea to the offense. You and your lawyer will also have the option to challenge some of the prosecutor’s evidence, to question the existence of probable cause, or to negotiate a plea bargain.
At The Law Offices of Ned Barnett, we are ready to help you. Contact us today at (713) 222-6767 to schedule a free case consultation.
You May Get Denied Bail for Felony Sex Crime Charges If You Have Priors
When you get arrested for a sex crime, the police will question you and book you in jail. During this time, it is essential that you exercise your right to remain silent and that you contact a Houston criminal defense lawyer. Soon after your arrest, you will appear before a magistrate for your initial appearance. Here, the magistrate will rule whether the police had probable cause to arrest you, inform you of your charges, and set your bail amount.
The ability to post bail and to wait for your trial outside of jail is a constitutional right, but there are exceptions. In Texas, a judge does not have to grant bail in the following scenarios:
- You’ve been charged with capital murder
- You are being charged with a felony, and you have two prior felony convictions
- You are being charged with a felony involving a deadly weapon, and you have at least one prior felony conviction
- You’ve been charged with a violent or sexual felony while on parole or community supervision
- You allegedly committed a sex crime against a child younger than 14, and you violated a safety-related bail condition
- You violated a prior bail condition related to the safety of an individual or of the community
There are several scenarios where you could face sex crime charges and get denied bail. If the judge decides to go this route, the order denying bail lasts for 60 days. In the meantime, you can appeal the order.
For each category of crime, the judge will determine whether you represent an above-average or below-average risk of flight or danger to the community. You can use a bail bond service if you cannot afford the bail payment. In sexual assault cases, your bail may also include conditions such as staying away from the alleged victim or their place of work, in addition to other requirements.
If You’re Released on Bail, Follow All Conditions Closely
Posting bail gives you the opportunity to prepare your defense outside of jail, but it’s not a free pass. Violating your bail terms can land you back in custody and hurt your chances in court. Common bail conditions in sex crime cases include avoiding the alleged victim and witnesses, surrendering your passport, staying within a designated area, and refraining from alcohol or illegal drug use.
Don’t Miss Court Dates or Break the Rules
Showing up late or skipping court will immediately result in a warrant and likely forfeit your bail. Avoid bad decisions, steer clear of social media posts related to your case, and don’t try to contact anyone involved—even indirectly. Doing so may lead to additional charges for witness tampering or intimidation.
FAQs – Texas Sex Crimes and Securing Bail
What Happens at a Bail Hearing for a Sex Crime?
At a bail hearing, the judge reviews the nature of the sex crime, your criminal record, and whether you pose a risk of fleeing or harming others. Based on this, the judge will decide whether to grant bail and set any applicable conditions.
Can I Lower My Bail for a Sex Offense in Texas?
Yes, your attorney may be able to argue for a reduced bail amount by showing that you’re not a flight risk, have strong ties to the community, and have no history of violating court orders. Judges may also consider whether the charges involve force or minors.
Can I Work While Out on Bail for a Sex Crime?
In many cases, yes. You can usually continue working unless the judge imposes specific restrictions like house arrest or limits your movements. However, you must still comply with all conditions, including court appearances and no-contact orders.
What Should I Avoid Doing While Out on Bail?
Avoid all contact with the alleged victim or witnesses, stay off social media, do not commit any new crimes, and strictly follow any restrictions on your movement or behavior. Violating these terms can revoke your bail and worsen your legal situation.
Reach Out to a Houston Sex Crimes Lawyer Today
Bail is not always guaranteed in sex crimes cases, and even when bail is granted, your lawyer may be in a position to reduce the amount and remove any extra conditions. By having a criminal defense attorney by your side from the beginning, you can vastly increase your chances of obtaining a good case outcome, and ensure that your rights remain respected at every step of the process.
If you have been charged with a sex crime in the Houston area, call The Law Offices of Ned Barnett today at (713) 222-6767, or reach out through the online form to schedule a free and confidential evaluation of your case.