Probation Violation Bail Bonds in San Marcos: Community Supervision Warrants in Hays County

Probation violation bail bonds in San Marcos work differently from a bond on a new arrest. Under Texas law, only the judge who ordered the arrest for the alleged violation can allow release on bail. If that judge does, Bobcat Bail Bonds can post the bond at the Hays County Jail, 24 hours a day.

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How do probation violation bail bonds in San Marcos work?

A probation violation bond can only be posted if the judge allows it. Texas law says only the judge who ordered the arrest for the alleged violation may authorize release on bail. A magistrate who sees the person after the arrest cannot. If that judge sets bail, Bobcat Bail Bonds can post a surety bond at the Hays County Jail.

That is the biggest difference from a bond on a new arrest, and it is the part that surprises families most. After a new arrest, a magistrate can admit the person to bail, where the law allows, at the first appearance, which the law requires within 48 hours. After an arrest on a violation warrant, the person stays in custody unless the judge who ordered the arrest authorizes bail.

Probation in Texas is called community supervision

Texas law does not use the word probation. It uses community supervision, which means a court has placed a person under conditions for a set period. It comes in two forms:

• A probated sentence. The person was found guilty, and the court suspended the sentence while the person follows the conditions.
• Deferred adjudication. The court put off a finding of guilt while the person follows the conditions.

In Hays County, community supervision is run by Adult Probation, which says it serves the courts and communities of Caldwell, Comal and Hays Counties. Its office is in the Hays County Government Center on Stagecoach Trail in San Marcos.

Motion to revoke and motion to adjudicate

When the State says someone broke a condition, it can file a motion with the court. For a probated sentence, this is a motion to revoke community supervision. For deferred adjudication, it is a motion to proceed with the adjudication, which asks the court to go forward with a finding of guilt. Separately, the judge can issue a warrant for the person’s arrest. Which applies, and what it could mean, is a legal question a bail bond company cannot answer.

What happens after an arrest on a violation warrant

Article 42A.751 of the Code of Criminal Procedure sets out the steps. Here they are in order:

1. The warrant. At any time during community supervision, the judge can issue a warrant for a violation of any condition.
2. The arrest. A supervision officer, a police officer or another officer with power to arrest can make the arrest on the judge’s order.
3. Before a judge within 48 hours. No later than 48 hours after the arrest, the person must be taken before the judge who ordered it, or, if that judge is not available, a magistrate in the county of arrest.
4. Bail is the judge’s call. Only the judge who ordered the arrest may authorize release on bail.
5. The hearing. If the person is not released on bail and files a motion for a hearing, the hearing must be held within 20 days of the date that motion is filed. The hearing is before the judge, without a jury.

For deferred adjudication, Article 42A.108 says a person who violates a condition may be arrested and detained under the same Article 42A.751. The hearing is limited to whether the court will go forward with a finding of guilt on the original charge.

What a bond does here

If the judge sets bail and we post the bond, the bond requires the person to appear before the court at the times the bond and the court set. The motion is still pending, and the person still has to go to every hearing. A bond on a violation does not settle the violation.

What families should do now

Start by confirming what your loved one is being held on. A violation warrant and a new charge can appear at the same time, and they are handled differently. A new charge has its own bail decision. Here is what helps:

• Look up the person and the listed charges. Our Hays County Jail inmate search guide shows how, and the jail’s bond line is 512-393-7807.
• Note what the hold is for, if it is listed: a violation of supervision, a new offense, or both.
• Ask whether the judge has set bail on the violation, or whether no bond has been set yet.
• Keep the original case number and court if you have them.

If there is a new charge as well, our page on felony bail bonds in San Marcos or misdemeanor bail bonds in San Marcos explains that side. For the basics of bail, read how bail bonds work in Hays County.

Talk to Bobcat about a probation violation bond

Call us even if bail has not been set yet. A bail bondsman will tell you plainly whether there is a bond we can post today or whether the next step is the judge’s. Bail bond fees are set case by case, and qualified applicants may be eligible for payment plans. Our guide to what a bail bond costs in Hays County explains the pieces.

Our phone is answered around the clock, every day, and se habla español. If you prefer, start a bail bond online and tell us the original case number and court.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.