When can a Judge Deny Bail?

Circumstances When a Judge May Deny Bail

Bail may be denied pending trial for a Capital Felony

State District Judge may deny bail pending trial for a Non-Capital Felony in the following circumstances:

1. When the accused is charged in a less than Capital Felony when twice convicted of a felony with the conviction and date of offense of the 2nd felony are both after conviction and date of offense of the 1st.
2. When the accused is charged in a less than Capital Felony while on bail for prior felony for which already indicted.
3. When the accused is charged in a less than Capital Felony involving use of deadly weapon after conviction of prior felony.
4. When the accused is charged in a Violent or Sexual Offense while under supervision of criminal justice agency of the state or political subdivision of the state for a prior felony

…after a hearing and upon evidence substantially showing the guilt of the accused for the charged offense.

Order denying bail must be issued within 7 calendar days after the incarceration of the accused, however if the accused is not afforded a trial upon the accusation within 60 days of the time of his incarceration, the order denying bail shall be automatically set aside unless a continuance is obtained upon motion or request of the accused.

A right of appeal to the Court of Criminal Appeals is expressly accorded the accused for any order made denying bail on any of the above non-capital felonies and said appeal shall be given preference by the Court of Criminal Appeals.

TEX. CONST. art. 1, §11a