Bail has become a contentious subject in the criminal justice world. Figuring out the proper way to treat someone who is accused of a serious crime, but has not yet been tried or found guilty, is a complex issue.
Texas voters have tackled the issue by approving a change to the State Constitution. If you’ve been accused of a serious crime, this change could affect your time between arrest and trial.
Proposition 3 to Amend the Texas Constitution
Proponents of Proposition 3 say that there are circumstances under which bail should always be denied, regardless of the opinions of judges. The measure, passed in November 2025, lists specific charges whereby an accused person might not be eligible for bail. The list includes violent and sexual offenses, including:
- Murder
- Aggravated sexual assault
- Human trafficking
Luckily, if you’re arrested on one of these charges, the measure does not eliminate the possibility of bail altogether. Denying bail happens only under specific circumstances.
For example, bail would be denied if a hearing found, by a preponderance of the evidence, that you (the person arrested) would likely not willfully appear in court. It would also be denied if the hearing found that, by clear and convincing evidence, you were a danger to the community or the victim.
A strong defense can help you tackle these hearings and avoid these kinds of findings.
Without Proposition 3, judges and magistrates had discretion to deny or allow bail for these serious cases. Supporters say the measure was needed to combat activist or corrupt judges granting bail in situations where it isn’t appropriate. However, denying bail could lead to innocent people being in prison.
The Legal Presumption of Innocence
There is a crucial difference between being accused of a crime and being guilty of that crime. Since all people are considered innocent until proven guilty, punishing someone who has not had the chance to present a strong defense is not right.
Bail is one method intended to deal with the thorny issue of pretrial detention . It’s generally understood that innocent people should not be locked up.
High bail is not meant as a punishment. The goal is to provide an incentive for someone facing criminal accusations to show up for the legal proceedings. Bail money goes back to the defendant after the trial. You show up, or you lose the money.
The issue is not one-sided, however. There are cases where prosecutors will say it seems likely that you, the accused, would commit more violence if released. There are also cases where they would say you are likely to flee rather than return to court to face a trial.
Before Proposition 3 passed, this would be a situation where a high bail amount would be set. With Proposition 3 in place, you may be denied bail altogether.
The Importance of an Aggressive Defense
Every criminal charge should be taken seriously. The crimes covered under Prop 3 are felonies, and the potential penalties levied after a conviction are severe. Anyone facing charges of this kind needs a strong and experienced criminal defense attorney.
At Lee & Wood, GP, our Texas defense lawyers have the skill to defend clients facing even the most serious criminal charges. The sooner you talk to an attorney, the better your chances are of preserving your rights. Call 817-678-6771 or contact us online to schedule a consultation.
Link to “Pretrial Detention: When Can You Go Home While Waiting for Trial?” when published.