Senate Joint Resolution 5 (SJR 5), a new amendment to the Texas Constitution, now permits judges in Fort Worth and across Texas to deny bail entirely for individuals accused of specific violent crimes. This is a shift from the state's long-standing presumption of a right to bail for most offenses.
Previously, only those accused of capital murder or certain felonies with prior convictions could be held without bond. The new law, which voters will approve or deny in November 2025, expands this power to include a wider range of serious charges, such as aggravated robbery and aggravated sexual assault, from the very beginning of a case.
This change means that if you or a loved one is facing a serious accusation, pretrial release is not guaranteed. If you have a question about your situation and the new bail laws in Tarrant County, call us. Our team at Fulgham Hampton Criminal Defense Attorneys is here to provide clarity. Call (817) 877-3030.
The New Reality of Bail in Texas: Why Pretrial Freedom is No Longer Assumed
You've been accused of a serious crime. The immediate concern is getting out of jail to return to your family, keep your job, and help prepare your defense. The legal system is built on the principle that you are innocent until proven guilty.
That principle is now being challenged before your case even begins. Legislators passed this "strongest bail reform package in Texas history" in response to high-profile cases where individuals out on bond were accused of committing new violent crimes.
For example, from 2021 to 2025, at least 162 homicide cases in Harris County alone allegedly involved defendants who were already out on bond. This political and public pressure led to SJR 5, which directly targets the immediate release of those accused of violent offenses.
The consequence for you is clear: The judge's default position may no longer be to set a bond but to consider if you should be detained for the entire duration of your case, which could take months or even years. This creates a two-tiered system where your freedom depends not just on the facts of the case, but on the accusation itself.
Your first and most important hearing—the bail hearing—is now more significant than ever. You cannot walk in unprepared. The key is to have a legal representative who understands the new criteria judges must use and presents compelling arguments for your release. This involves gathering evidence about your ties to the community, your employment history, and challenging the prosecution's claims that you pose a danger.
What Exactly Is SJR 5 and How Does It Change the Texas Constitution?
SJR 5 is a proposed amendment to Article I, Section 11 of the Texas Constitution. This section of our state's constitution is what grants the right to bail. The amendment, if passed by voters in November 2025, gives judges the authority to deny bail if they believe it's necessary to ensure public safety.
Which Crimes Fall under this New Rule?
The law is not a blanket denial of bail for all felonies. It targets a specific list of offenses. A judge may now deny bail if you are accused of:
- Murder
- Aggravated Assault with a Deadly Weapon
- Aggravated Kidnapping
- Aggravated Robbery
- Aggravated Sexual Assault
- Indecency with a Child
- Continuous Trafficking of Persons
How Does This Differ from the Old Law?
Before SJR 5, a judge could generally only deny bail in very limited circumstances, such as:
- Capital Murder: When the evidence is strong.
- Certain Felonies with Prior Convictions: If you were accused of a felony while already out on bail for a previous felony.
- Felonies with Two Prior Felony Convictions: A "three-strikes" type of rule.
SJR 5 removes these prior conviction requirements for the listed violent offenses. It allows a judge to order you held in jail based solely on the current accusation.
Why Is a Constitutional Amendment Necessary?
The right to bail is embedded in our state's constitution, which is the highest law in Texas. A regular bill passed by the legislature does not override it. By passing SJR 5, the legislature proposed changing the constitution itself. This requires a direct vote from Texas citizens. This shows how significant the shift in legal philosophy is—it required altering the foundational legal document of the state.
More Than a Single Law: Understanding Texas’s Full Bail Reform Package
SJR 5 is the centerpiece, but it was passed alongside several other bills that change how bail works in Fort Worth. Think of it as a set of interlocking pieces designed to limit pretrial release for certain individuals.
Senate Bill 9: The Information Judges Use
This law mandates that judges use the Public Safety Report System (PSRS) before setting bail in felony cases. The PSRS provides a judge with your complete criminal history, including any past failures to appear in court or any previous arrests, even those that did not lead to a conviction. It also restricts the use of personal bonds for those accused of violent crimes and limits a lower court judge's ability to reduce a bond set by a higher court. A personal bond is a release without paying money, based on a promise to return to court.
House Bill 75: More Scrutiny and Written Records
This bill requires judges to create a written record of their findings, especially if they decide there isn't probable cause for an arrest. It also increases oversight and regulation of charitable bail organizations, which sometimes provide funds for defendants unable to afford bail.
Senate Bill 40: Restricting Bail Funds
Going a step further, this law outright bans any city or county from using taxpayer money to support nonprofit bail organizations. Together, these laws aim to ensure that financial assistance for bail is harder to come by, placing more emphasis on the cash bail system, which has been shown to be challenging for low-income individuals.
How Will a Fort Worth Judge Decide Whether to Grant You Bail?
With these new laws, what actually happens when you appear before a Tarrant County judge for the first time? What goes through their mind? The judge's decision is no longer just about setting a dollar amount. It's a risk assessment, guided by the new legal framework. Under the potential changes from SJR 5, the central question is: Does releasing this person pose a threat to the community?
Here is what the judge will consider:
- The Accusation Itself: First, the judge looks at the charge. If it's on the list of violent offenses specified in SJR 5, the option to deny bail is immediately on the table.
- The Public Safety Report System (PSRS): As required by SB 9, the judge will review your PSRS report. This report will show your entire criminal history, any history of violence, and whether you have ever missed a court date.
- Arguments from Both Sides: The prosecutor will argue why you should be detained, likely pointing to the nature of the alleged crime and your criminal history. Your defense attorney’s role is to counter this. We present evidence of your:
- Ties to the Community: Do you have a family in Fort Worth? A stable job? Do you own property? These factors suggest you are not a flight risk.
- Lack of Threat: We present character witnesses or other evidence to argue that you do not pose an ongoing danger to the public.
- Ability to Follow Conditions: We propose non-financial conditions of release, such as GPS monitoring or regular check-ins, as an alternative to detention.
- The Written Finding: If bail is denied, the judge must explain their reasoning in writing, as required by the new laws. This written record provides the basis for an appeal of the bail decision.
What Should You Do in the First 48–72 Hours Under These New Laws After an Arrest in Fort Worth?
The hours right after an arrest are when small choices make a big difference. The new bail laws in Texas, especially SJR 5, mean your first court appearance could decide whether you spend months waiting for trial behind bars or go home while your case moves forward.
Here’s a clear checklist for what you and your family should focus on:
Step 1: Make the Right Calls Immediately
- Choose a criminal defense lawyer, not just a bail bondsman. A bondsman may help with money, but they cannot argue for your release if the judge is considering denying bail. A Criminal defense lawyer will start preparing evidence about your ties to the community, your job, and your family that may persuade the judge.
- Tell your family exactly where you are being held. In Tarrant County, that will usually be the Tarrant County Jail in downtown Fort Worth. This helps your lawyer and loved ones move faster.
Step 2: Gather Key Documents and Proof of Stability
Ask your family to pull together paperwork that shows you are rooted in the community. Judges are now required to weigh whether you pose a risk of flight or danger to others:
- Proof of Employment: Pay stubs, a letter from your employer, or work schedules.
- Housing Stability: Lease agreements, mortgage statements, or utility bills in your name.
- Family Ties: Marriage certificates, children’s birth certificates, or even school records showing you are responsible for drop-offs and pickups.
Step 3: Identify Witnesses Who Can Speak for You
Personal testimony matters. A judge may be swayed by people willing to vouch for you. Your family should:
- Write down names and contact information of friends, employers, pastors, or neighbors who can confirm you are reliable and not a threat.
- Prepare short written statements that explain your character, responsibilities, and past reliability in showing up for obligations.
Step 4: Be Ready for the Bail Hearing
The bail hearing will likely happen quickly, sometimes within 48 hours. Here’s what to expect:
- The prosecutor will argue why you should stay in jail.
- Your lawyer will present your documents and witnesses to argue for release.
- The judge will review the Public Safety Report System, which lists your entire history with law enforcement. If there are errors in that report, your lawyer must flag them immediately.
Step 5: Avoid Missteps That Hurt Your Case
- Do not talk about the facts of your case on recorded jail calls. Prosecutors review these recordings and may use them against you.
- Do not post on social media. Even an unrelated post could be misinterpreted and brought up in court.
- Do not assume bail will be automatic. Under SJR 5, judges now have broad discretion to hold you without setting any bond.
Frequently Asked Questions About Bail and SJR 5 in Fort Worth
If SJR 5 passes, does it mean bail will be denied automatically for violent crimes?
No. The law gives judges the discretion to deny bail; it does not mandate it. An effective legal argument highlighting your community ties and other positive factors still persuades a judge to set a reasonable bond.
What if I can't afford the bail amount the judge sets?
This is a common situation. Since Texas law now requires cash bail for many violent offenses, affording release is a challenge. You may work with a bail bondsman, who typically charges a percentage of the total bail amount as a fee. We also file a motion to have the bond amount reduced if it is excessive.
How does being held in jail before trial affect my case?
It makes preparing a defense significantly more difficult. Communicating with your attorney is harder, and you cannot assist in gathering evidence or locating witnesses. Statistics also show that individuals who are detained pretrial are more likely to be convicted and receive harsher sentences.
Can I appeal a judge's decision to deny bail?
Yes. A decision to deny bail may be appealed to a higher court. The new requirement for judges to provide written findings creates the official record needed for an appellate court to review the decision.
Does this new law apply to cases in all Tarrant County courts?
Yes. Because SJR 5 is a state constitutional amendment, it applies to all courts in every Texas county, including all district and county courts in Fort Worth and Tarrant County.
Protecting Your Freedom from Day One
With the potential passage of SJR 5, your freedom is on the line from the moment you are accused. You need a defense team that understands this new landscape and is ready to build a compelling case for your release at your very first court appearance. At Fulgham Hampton Criminal Defense Attorneys, we have years of experience handling serious criminal cases in Fort Worth. Let us protect your rights. Call us today at (817) 877-3030.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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