Can You Get a Felony Bond With a Prior Conviction in Texas?

Yes, a prior criminal conviction does not automatically disqualify someone from receiving bail on a felony charge in Texas. But it does affect the process significantly. Prior convictions influence how a magistrate sets bail, how much you’ll pay, whether collateral is required, and in some cases, whether bail is granted at all. Here’s what families need to understand before calling a bondsman.

Texas Law on Bail and Prior Convictions

Bail in Texas is governed by Article 17.15 of the Texas Code of Criminal Procedure, which requires magistrates to weigh several factors when setting bail. Prior criminal record is explicitly listed as one of those factors. A magistrate reviewing a felony bail application will consider:

• The nature and severity of the current charge
• Prior convictions — felony and misdemeanor, including out-of-state records
• Prior failures to appear in court
• Whether the defendant was on probation, parole, or bond at the time of the current arrest
• Community ties, employment status, and family responsibilities

No single factor determines bail. A defendant with prior convictions is not automatically denied bail, but the magistrate will set a higher amount and may impose stricter conditions than for someone with no record.

How Prior Convictions Affect Bail Amounts

The practical effect of prior convictions on felony bail in Tarrant County is significant. Here are common scenarios:

• A first-time defendant charged with a 3rd-degree felony might receive bail in the $10,000–$25,000 range. The same charge with one prior felony conviction could push bail to $30,000–$75,000 or higher.
• Repeat felony offenders are frequently assessed as high flight risks, which drives bail up substantially.
• If a prior conviction is for the same type of offense as the current charge — for example, a second drug trafficking arrest — magistrates routinely set bail above standard ranges or require cash-only bonds.
• A defendant who previously failed to appear in court may face significantly higher bail or bail denial, regardless of the current charge’s severity.
  

Texas Charge Enhancement Rules

Texas has specific enhancement statutes that can elevate a charge to a higher degree based on prior convictions. Under Texas Penal Code §12.42, certain felony offenses become more serious when the defendant has a prior felony conviction:

• A state jail felony can be punished as a third-degree felony if the defendant has a prior felony conviction.
• A third-degree felony can be elevated to a second-degree felony with one prior felony conviction.
• A second-degree felony can become a first-degree felony with one prior felony conviction.

This enhancement also affects bail because when the charge is elevated in degree, the bail ranges for the elevated charge apply. A charge that would normally be a state jail felony with bail of $5,000 can become a third-degree felony with bail starting at $10,000 once a prior is factored in.

When Can Bail Be Denied Based on Prior Convictions?

Texas courts can deny bail in limited circumstances. Under Article 1, Section 11a of the Texas Constitution, bail may be denied for defendants who have been previously convicted of a felony involving violence — including murder, kidnapping, sexual assault, robbery, or aggravated assault — if the current charge also involves violence and the judge finds that the defendant poses a risk to the community.



Bail can also be denied or significantly restricted for defendants currently on felony probation or parole at the time of the new arrest. In those cases, the parole or probation board may also issue a separate hold, preventing release even if bail is technically set.

What Bondsmen Look For With Prior Convictions

A licensed bail bondsman evaluates several factors before agreeing to post a felony bond for a defendant with prior convictions:

• The nature of the prior convictions — violent priors are weighted more heavily than property crime priors
• Whether the defendant has previously skipped court while on bond
• The co-signer’s financial strength and community ties
• Whether the current charge is the same category as prior offenses (same-offense priors signal higher risk)
• Whether collateral is available to reduce the bondsman’s exposure

Vaughn’s Cowtown Bail Bonds evaluates every case individually. Prior convictions do not disqualify a defendant from receiving a bond, but they do require a more thorough review of the co-signer’s situation and may require collateral for higher-risk cases.

What You Should Tell Your Bondsman

When you call a bondsman about a felony bond for someone with prior convictions, be upfront about the history. Attempting to conceal prior convictions wastes time — the bondsman will verify the defendant’s record regardless. Providing accurate information upfront allows the agent to give you a realistic picture of what to expect: bail range, co-signer requirements, collateral needs, and timeline.

Ready to Post a Felony Bond in Tarrant County?

Whether it’s a first arrest or a case involving prior convictions, our licensed agents review every case individually and explain exactly what to expect before anything is signed. Visit our Felony Bail Bonds Tarrant County TX page for full details, or call (817) 834-6285, available 24/7.