A “P.R. Bond” is defined by the law as a “personal bond” and allows a defendant to leave on his own recognizance. This means that the defendant does not have to post a bond. The defendant simply gives his word that he will show up for the future court date if and when it occurs, and faces further criminal penalties if he fails to appear.
The most well-known personal bond is the 90 day P.R. bond. After 90 days of incarceration and if the State has not indicted a defendant, such a person is generally entitled to a 90-day personal bond. This is not the only form of a personal bond, as misdemeanor offenses have a shorter waiting period, with those charged with fine-only misdemeanors being eligible after only five days of detention without indictment.
Personal Bonds In Texas Law
Texas Code of Criminal Procedure article 17.151, “Release because of delay,” provides statutorily for a personal bond. The article provides in full:
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for the trial of the criminal action for which he is being detained within:
- 90 days from the commencement of his detention if he is accused of a felony;
- 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
- 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
- five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
Sec. 2. The provisions of this article do not apply to a defendant who is:
- serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
- being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
- incompetent to stand trial, during the period of the defendant’s incompetence; or
- being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.
See TEX. CODE CRIM. PROC. ANN. art. 17.151 (West 2018).
Translation
For those accused of a felony, the defendant is generally entitled to a personal bond after 90 days of incarceration have elapsed if the defendant has not been indicted.
Defendants exempt from obtaining a bond are those who have a “hold” in another jurisdiction or are not trusted by the court to follow through on the conditions of the bond. A hold means that a defendant has a capias or warrant in another jurisdiction or a charge in another jurisdiction where bond has not been posted.
The 90 Day P.R. Bond Process
As with other personal bonds and bond reductions, only an attorney can get this done for you. The attorney will either get an agreed order from the State or, if the State will not agree, the attorney will have to bring the defendant to court for a hearing in front of the Judge. The Judge would then be required to grant the defendant a personal bond if the defendant so qualifies and has not been indicted yet.
Bonds for Misdemeanors
Misdemeanors have lesser punishments than felonies but can still result in jail time prior to indictment.
Class A Misdemeanors
There is only a 30-day requirement of incarceration without the filing of information for class A misdemeanors (information is the charging document in a misdemeanor case, versus an indictment in a felony case).
Class B Misdemeanor
There is only a 15-day requirement of incarceration without the filing of an information for class B misdemeanors.
Class C Misdemeanor
This almost never occurs because a Class C Misdemeanor is not punishable by any jail time whatsoever. There is a minimum of five days of jail time without indictment before a personal bond can be requested.
The Bottom Line
You will need to get an attorney to accomplish this for you. Only an attorney can coordinate a 90-day personal bond with the District Attorney’s Office. They can also get you a bond hearing in front of a district judge. Contact Case J. Darwin, we are here to help!
