Most people charged with aggravated robbery in Bexar County can get bail, but it is often set high and comes with strict conditions. The amount is not fixed. A magistrate decides within 48 hours of arrest using factors set by Texas law, and a lawyer can ask a judge to lower it. I’m Mario Del Prado, Board Certified in Criminal Law and a former Chief of Major Crimes at the Bexar County District Attorney’s Office. Call me at 210-663-3750.

How bail is decided

Within 48 hours of arrest, a magistrate must decide bail after considering the individual circumstances (Tex. Code Crim. Proc. art. 17.028). The law lists what the magistrate weighs: the nature of the offense and whether it involved violence, the safety of the victim and the community, criminal history, the ability to make bail, and more. It also says bail may not be used as an instrument of oppression (art. 17.15).

Why aggravated robbery bonds run high

Aggravated robbery is robbery with serious bodily injury, a deadly weapon, or a victim who is 65 or older or disabled. It is a first-degree felony (Tex. Penal Code § 29.03). Because it is classified as a violent offense, the State often asks for a high bond and conditions like GPS monitoring or no contact with witnesses. In some cases it may ask that bail be denied. Read when a Bexar County judge can deny bail.

How a lawyer gets bail lowered

  1. File a motion to reduce bail in the district court.
  2. Show ties to San Antonio: work, family, how long your loved one has lived here.
  3. Show what the family can actually afford.
  4. Point out weaknesses in the State’s case, such as a shaky identification.
  5. Offer conditions that address the court’s concerns instead of a number nobody can pay.

Probation and parole

A judge cannot place someone on probation for aggravated robbery (art. 42A.054). A jury still can if the sentence is 10 years or less. That is one reason it matters early whether the case is headed to a judge or a jury.

Questions families ask

Can you get bail for aggravated robbery in Bexar County?

Usually yes, but often set high. Texas guarantees bail in most cases, with exceptions in the Texas Constitution for certain violent and repeat offenses. The magistrate sets the amount and conditions using the factors in Article 17.15 of the Code of Criminal Procedure.

How much is bail for aggravated robbery?

There is no fixed number. The magistrate must consider the nature of the offense, whether it involved violence, the safety of the victim and community, criminal history and the ability to pay. Bail cannot be used as an instrument of oppression.

Can bail be lowered after it is set?

Yes. A lawyer can ask the district court to reduce bail or change conditions, with evidence about ties to the community, work, family and the real strength of the case.

What is the punishment range for aggravated robbery?

Aggravated robbery is a first-degree felony: 5 to 99 years or life in prison and a fine of up to $10,000.

Can someone get probation for aggravated robbery?

A judge cannot grant probation for aggravated robbery. A jury can recommend it if the sentence is 10 years or less. That is one reason the choice between judge and jury matters.

What should the family do right now?

Do not discuss the case on jail calls, which are recorded. Gather proof of work, residence and family support for the bond hearing. Then call a lawyer before the State’s case hardens.

See also: how bail works in Bexar County, robbery defense and the first 48 hours after a felony arrest. Every case is different, and nothing here guarantees a result in yours.