Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Community / Harris County, Texas Approves Historic Bail Reforms

Harris County, Texas Approves Historic Bail Reforms

August 3, 2019

bail reform Texas

The Harris County Commissioners Court has approved bail reforms to overcome constitutional flaws cited by a federal judge and to settle a 2016 class action lawsuit by indigent misdemeanor defendants.

A federal judge still must approve the settlement agreement.

The two-tiered bail system challenged

The class action lawsuit had maintained that Harris County’s bail system was two-tiered, with those who could afford paying cash bail up front being able to await trial at home, while those who couldn’t afford paying bail were placed in jail before trial.

Chief U.S. District Judge Lee H. Rosenthal had paved the way for this week’s reforms when she ordered in 2017 that Harris County must reform its bail system. She said the county must reform a system which jailed poor or destitute persons for low-level and non-violent crimes for which they couldn’t afford to pay cash bail, when they otherwise would have been eligible for release.

Bail system may have been unconstitutional

Judge Rosenthal also questioned the constitutionality of such a system.

County Commissioner Rodney Ellis, who fought for bail reform for years, noted that the “oppressive system” had existed for decades.

The Houston Chronicle reported that the settlement agreement will set up a monitor for overseeing new bail protocol for the next 7 years. It will also provide safeguards and comprehensive public defense services to facilitate defendants showing up in court.

No jail for most misdemeanor crimes

Perhaps most importantly, under the proposed new system, more than 80 percent of people arrested for misdemeanor crimes will be released on personal bonds and can avoid pretrial detention.

Civil Rights Corps, the advocacy group which sued Harris County, called the vote approving bail reforms “a watershed moment for pretrial reform. We believe the agreement lays the groundwork for a system that will recognize the humanity of the people who pass through it, treat them with dignity, and value their freedom.”

Not only that, but other advocates for criminal justice reform believe the reforms in Harris County could spur similar responses elsewhere in Texas — and even throughout the nation.

Harris County once fought bail reforms

This week’s vote marked a reversal for Harris County, which previously spent up to $10 million fighting the class-action lawsuit arguing for bail reforms.

Democrats taking office after the 2018 election turned the tide toward reforms for a system which even a Republican-appointed judge had considered unconstitutional.

Prompt release set for misdemeanor defendants

Harris County’s bail reforms include formalizing a rule that new misdemeanor court judges adopted upon assuming office in January 2019. That rule enables defendants arrested for misdemeanor offenses to be released promptly.

Exceptions to the rule will include those charged with DUI multiple times and those charged with domestic violence.

The new reforms will also compel the county to examine and implement means to improve the pretrial process. That could include weekly “open hours” court sessions so that persons who missed an initial court appearance can reschedule without fear of going to jail.

Advocates say the reforms shouldn’t endanger the public, citing evidence in the court challenge which showed bail money doesn’t impact court appearances or public safety in a meaningful way.

Also, being jailed before trial has led many defendants to plead guilty to gain faster release, even though they then may face tougher punishments than those who could afford to pay bail pre-trial.

Quick release for misdemeanor defendants will also save the county money, advocates say. The county’s budget department estimates the reforms will save the county around $18,250 per year for each person not detained in jail.

Advocates say this is even more valuable since those who are released can avoid losing their jobs or their families while taking up valuable jail space better reserved for those charged with truly dangerous crimes, instead of minor misdemeanors like shoplifting or trespassing.

Get a Houston criminal defense lawyer

If you or a loved one faces a criminal charge, you should get the best Houston criminal defense lawyer or attorney you can find to help you with your case.

Individuals living in Houston and elsewhere in Harris County and surrounding areas should contact the Neal Davis Law Firm immediately. We’ll quickly provide a legal case review.

Related Resources

  • New Texas Law Limits Bail for Violent Offenders
    New Texas Law Limits Bail for Violent Offenders
  • You Can Be Charged and Sued for Criminal Conduct in Texas
    You Can Be Charged and Sued for Criminal Conduct in Texas
  • Harris County Has a Backlog of 100,000 Criminal Cases
    Harris County Has a Backlog of 100,000 Criminal Cases
5-star review image
I recommend Neal Davis for criminal defense
Assault  |  Houston
Client needed legal assitance and representation in a driving while intoxicated case
2016-05-05
"Mr. Davis was referred to me by someone who has often seen Mr. Davis at work. From the ..."
J.G. (case expunged), Verified Customer
5-star review image
Forever grateful
Criminal Defense  |  Beaumont
Client's federal charges declined
2020-06-25
"Neal, I have been waiting a long time to send this to you! If it weren't for you, ..."
A.C., Verified Customer
5-star review image
They are truly advocates for their clients!
DWI  |  Houston
CLIENT GIVEN DEFERRED ADJUDICATION IN RECKLESS MANSLAUGHTER (WHILE UNDER THE INFLUENCE) CASE
2015-01-08
"First off let me thank Neal for his courageous and tireless work on my case. It was a ..."
A.G., Verified Customer

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Criminal Defense Court Process

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2020)

He doesn't give up, no matter what you're up against
M.F.
5-star review image
Got my life back
K.W.
5-star review image
Muy satisfechos con su trabajo
Tia de J.C.
5-star review image

Read All Reviews

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2022 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.