Procedures for Getting Out of Jail

HOW BAIL IS SET

After booking the defendant, the arresting officer files a probable cause affidavit with the court. This is basically the police officer's short version of what the allegations against the defendant are. The judge reads this report, and checks the defendant's criminal history. At that point, the judge sets a bail amount. The seriousness of the allegations and the length of the defendant's prior arrest history are probably the 2 most important factors in determining the amount of bail set by the judge.

For misdemeanors in Travis County, bail is often set as low as $500 for hot check cases, and as high as $10,000 or more for family violence assaults. Most first time DWI bail amounts will be between $1500 and $3000, if the defendant has no prior arrests. There is no set schedule for this though; so the amount may be higher depending on the judge that initially reviews the case.

In Travis County, judges are available to set the bail amount between approximately 7 A.M. and 1:00 A.M. People who are arrested after 1:00 A.M. (like most DWIs, for example) will not have a bail amount set until sometime in the morning – or even the next afternoon.

Learn more about Bonds & Fines


In Travis County there is a way an attorney can arrange for a person to be released from jail so that they don't have to spend the night in jail. That is called a late night hobby release.

If you are seeking to help a friend or loved one you needs an immediate jail release during the night of their arrest, please click the “hobby release” link above for immediate assistance. Or call toll free (512) 469-6056.