How Long Do You Stay in Jail If You Can't Make Bail in Texas?
In Texas, a person who cannot make bail can stay in jail until the case is resolved, until a judge lowers bail or grants a personal bond, or until Code of Criminal Procedure Article 17.151 requires release because the state is not ready for trial (generally 90 days for a felony, 30 for a Class A, 15 for a Class B and 5 for a Class C, with exceptions). Most families avoid the wait with a surety bond and a payment plan. Call A Way Out Bail Bonds at 817-261-2828.
What Happens When Bail Is Not Posted?
The person stays in custody, and in Tarrant County they are usually moved from the city jail to the county jail. An Arlington, Mansfield or North Richland Hills arrestee who does not bond out is transferred to the Tarrant County Corrections Center at 100 N. Lamar St. in Fort Worth or another county facility. The case continues in the Tarrant County courts, and the person attends court settings from custody. Our Tarrant County Jail bail bonds guide explains the county facilities.
Is There a Legal Limit on How Long You Can Be Held?
Texas has one important deadline: Code of Criminal Procedure Article 17.151. When a person is held because they cannot make bail and the state is not ready for trial within set periods, the court generally must release them on a personal bond or reduce bail to an amount they can make.
Bail set higher than you can manage?
Before anyone settles in for a long wait, call A Way Out Bail Bonds at 817-261-2828 or contact us online. We offer payment plans, low down payments and no credit check.
Charge level | Time limit under Article 17.151 |
Felony | 90 days from the start of detention |
Class A misdemeanor | 30 days |
Class B misdemeanor | 15 days |
Class C misdemeanor | 5 days |
Senate Bill 6 created exceptions for certain violent offenses, and the defense usually has to raise the issue. It is a slow safety valve, not a fast way out, and it does not apply once the state announces ready. This is general information, not legal advice.
Does Time in Jail Count Toward a Sentence?
Generally yes. Under Texas law (Code of Criminal Procedure Article 42.03), time a defendant spends in jail on the case before sentencing is typically credited toward a jail or prison sentence. That does not make waiting in jail a good strategy, because many cases end in dismissal, probation or deferred adjudication, where time already served does not help the person in the same way.
What Are the Ways Out When Bail Seems Too High?
- Surety bond with a payment plan: a bondsman posts the full bond and the family pays the fee over time.
- More than one co-signer: two or three people can often qualify together.
- Collateral: a vehicle title or property can secure a larger bond.
- Bond reduction: a defense attorney can ask the judge to lower bail under Article 17.15.
- Personal bond: a magistrate or judge may grant release without payment in eligible cases.
- Article 17.151: release after the statutory deadlines if the state is not ready.
Our guide on how to get someone out of jail with no money explains each option in detail.
How Does Staying in Jail Affect the Case?
Pretrial detention makes it harder to prepare a defense. Meeting with an attorney, gathering documents and finding witnesses are all harder from inside a jail. People in custody may also feel pressure to accept a plea just to get out. Release on bond lets the defendant keep working, care for family and take an active role in the case. Our post on the dangers of staying in jail to await your hearing goes deeper.
Can Bail Be Lowered After a Few Days?
Yes, a judge can lower bail at any time after a proper request. An attorney files the request, and the judge considers the Article 17.15 factors, including the defendant’s ability to make bail, ties to the community and the nature of the charge. If the defendant cannot afford an attorney, they can request appointed counsel, often at magistration. A voluntary surrender history, steady employment and local family are all facts that help.
What If There Is a Hold?
A hold from another county, parole or immigration authorities can keep someone in jail even after bail is posted. In that case, posting the Tarrant County bond may not lead to release until the other agency acts. Always ask about holds before paying. We check for them on every call.
How Do Families Visit or Support Someone Who Is Still in Jail?
Tarrant County and each city jail have their own visitation and phone rules. Check the facility’s current policies before going, keep calls short and practical because they are typically recorded, and avoid discussing the facts of the case. Keep working on release options in parallel; circumstances such as a new co-signer or a bond reduction can change quickly.
What Should Families Do in the First 48 Hours?
- Locate the person and confirm every charge and bond amount.
- Ask whether there are any holds from other agencies.
- Call a licensed bondsman to review payment plan and co-signer options.
- Contact a defense attorney, or make sure the defendant requested appointed counsel at magistration.
- Write down every court date the family learns about.
Acting in the first two days matters because options narrow over time. Co-signers become harder to reach, jobs are lost and the defendant may be moved between facilities, which makes every call take longer.
If money is the only obstacle, say so directly when you call. A bondsman can often structure a plan the same day, and an honest conversation early saves time for everyone.
How Long Is Typical in Tarrant County?
There is no single typical length, because it depends on the charge, the court’s docket and whether the case is resolved early. Misdemeanor cases usually move faster than felonies, and Article 17.151 deadlines are shorter for lower-level charges. Serious felony cases can take many months. That uncertainty is exactly why most families choose to post a surety bond rather than wait.
How A Way Out Bail Bonds Helps Tarrant County Families
A Way Out Bail Bonds has helped Arlington and Tarrant County families for decades from our office at 633 W. Division St., Suite A, directly across from the Arlington City Jail. We hold Tarrant County Bail Bond License #218, every bond is underwritten by United States Fire Insurance Company, and a live agent answers 817-261-2828 24 hours a day. We work with families whose bail looks out of reach every day and build payment plans around what they can manage. We offer payment plans, no credit check and Spanish-speaking agents. Read reviews from families we have helped.
Staying in Jail Without Bail: Frequently Asked Questions
How long can you be held in jail without bail in Texas?
If bail is set but not posted, a person can be held until the case is resolved, bail is reduced or a personal bond is granted. Article 17.151 generally requires release or reduced bail if the state is not ready for trial within 90 days for a felony, 30 for a Class A, 15 for a Class B or 5 for a Class C, with exceptions.
What is Article 17.151 in Texas?
It is a provision of the Texas Code of Criminal Procedure that generally requires release on a personal bond or reduced bail when a defendant held for inability to make bail has not been brought to trial readiness by the state within set deadlines.
Does jail time before trial count toward a sentence in Texas?
Generally yes. Time spent in jail on the case before sentencing is typically credited toward a jail or prison sentence under Texas law.
Where do Arlington arrestees go if they cannot make bail?
They are transferred from the Arlington City Jail to the Tarrant County Corrections Center at 100 N. Lamar St. in Fort Worth or another county facility.
Can bail be reduced if I cannot afford it?
Yes. A defense attorney can ask the judge to lower bail, and the judge must consider the defendant’s ability to make bail among other factors.
Can I get a payment plan for a bail bond?
Yes. A Way Out Bail Bonds offers payment plans on many bonds, low down payment options and no credit check.
Can two people co-sign a bail bond?
Yes. More than one co-signer can share the responsibility, which often helps a family qualify.
Does staying in jail hurt my case?
It can make it harder to work with an attorney and prepare a defense, and it can create pressure to accept a plea. Release on bond lets the defendant participate fully in the case.
What if someone has a hold and cannot be released?
A hold from another agency can keep the person in custody even after a Tarrant County bond is posted. Ask about holds before paying.
Who can help me get someone out of jail in Tarrant County?
A Way Out Bail Bonds, licensed under Tarrant County License #218, can help 24 hours a day at 817-261-2828.
Don’t Wait in Jail if There Is Another Way
A Way Out Bail Bonds is licensed in Tarrant County and answers live 24 hours a day. Tell us what you can manage, and we will look for a way to post the bond. Call 817-261-2828 right now, or contact us online and an agent will call you back. For Dallas County matters, call 214-760-9978. A Way Out Bail Bonds, 633 W. Division St., Suite A, Arlington, TX 76011. Tarrant County: 817-261-2828. Dallas County: 214-760-9978. Tarrant County Bail Bond License #218.