Personal, Surety, and Cash Bonds in Austin: What Families Need to Know

By Addy Miró  |  CMK Defense, PLLC  |  Austin, Texas

Reviewed and updated July 2026

If someone you love has been arrested in Austin, understanding personal, surety, and cash bonds can help you get them home sooner and avoid spending more than necessary.

A personal bond is usually the least costly option because it carries only a very low administrative fee paid after release. A surety bond lets you avoid paying the full bond amount, but the bondsman’s fee is not refundable. A cash bond requires the full amount, but the money can generally be returned after the case ends.

Here is how each option works, what it costs, and what your family should know before paying anyone.

This article concerns Texas state charges. Federal cases use a different pretrial release system. If you need to understand what happens before bond is set, including arrest, magistration, probable cause, and Counsel at First Appearance, read our guide to CAFA and getting out of jail in Travis County.

Personal, Surety, and Cash Bonds Compared

What Is a Personal Bond in Texas?

A personal bond, also called a PR bond or personal recognizance bond, allows someone to be released based on a written promise to return to court and follow the conditions of release.

A standard personal bond generally does not require the family to post financial security before the person is released. It carries only a very low administrative fee paid after release, making it usually the least costly of the three options.

As of July 2026, the Travis County Pretrial Services fee schedule lists:

• $20 when the bond amount is below $1,334
• $40 when the bond amount is $1,334 or more
• A different fee when an ignition interlock device is ordered

Those fees are generally due within seven days after release.

Who Can Request a Personal Bond in Travis County?

This is where families sometimes lose valuable time.

In Travis County, the person accused or a family member cannot submit a personal bond request directly to the judge. Only Travis County Pretrial Services or a defense attorney can submit the request. The judge then decides whether to grant it.

Pretrial Services interviews many people booked into the Travis County jail and evaluates them for release. But Pretrial Services does not recommend a personal bond in every case.

A defense attorney can make a separate request and provide information that may not be clear from the initial jail paperwork, such as:

• Employment history
• Family responsibilities
• Medical needs
• Ties to the community
• Ability to comply with release conditions
• A safe place to live
• A history of appearing in court

The final decision still belongs to the judge.

Does Everyone Qualify for a Personal Bond?

No. Texas law prohibits personal bonds in certain cases, and judges can deny them in others.

This article assumes that bail has been set and that release is legally available. In some serious felony cases, bail may be denied after a hearing under Article I, Section 11d of the Texas Constitution. That is a separate question from which type of bond to use after bail has been granted.

What Is a Surety Bond?

A surety bond is what most people mean when they talk about using a bail bondsman.

Instead of paying the entire bond amount to the jail, the family contracts with a licensed bonding company. The company guarantees the bond amount to the court and charges the family a fee for taking that financial risk.

The amount of the fee varies by company and circumstances. Unlike a cash bond deposit, the fee paid to the bonding company is not refundable. It pays the company for its service and for assuming the financial risk of guaranteeing the full bond amount to the court.

You do not get it back if:

• The person attends every court date
• The charge is dismissed
• The grand jury does not indict
• The person is found not guilty
• The case ends quickly

The payment is a service fee, not a deposit being held for the family.

Will a Bondsman Require Collateral or a Co-Signer?

Possibly.

On a larger bond, the company may require a co-signer, collateral, or both. Collateral might include property, a vehicle, or another asset the company can use to protect itself.

A co-signer may become financially responsible if the person released on bond fails to appear and the bond is forfeited. The exact obligations depend on the bonding agreement.

Before signing, ask the bonding company:

• What is the total fee?
• Are there any additional charges?
• Is collateral required?
• When will the collateral be released?
• What happens if the person misses a check-in?
• What happens if the person is arrested again?
• What does the co-signer become responsible for?
• Can the company surrender the person back into custody?
• Under what circumstances can the agreement be canceled?

Read the contract before handing over money or property. If something in it is unclear, ask for an explanation in writing.

What Is a Cash Bond?

A cash bond requires someone to pay the full bond amount directly to the jail or court.

If the bond is $5,000, someone must post $5,000. If the bond is $25,000, someone must post $25,000.

The main advantage is that the money can generally be returned after the case ends, assuming the bond was not forfeited. The main disadvantage is that the full amount may remain tied up while the criminal case is pending.

That can take months or, in a serious case, considerably longer.

Can You Pay Only 10 Percent of a Cash Bond?

Do not assume that you can.

A standard Texas cash bond generally requires the full amount. A judge may authorize a different arrangement, such as a personal bond with a cash deposit, but that is not the same thing as automatically paying ten percent of every cash bond.

Before paying anything, confirm exactly what kind of bond the judge ordered.

Do You Get a Cash Bond Back in Texas?

Generally, yes, if the bond was not forfeited and the case has reached final disposition. But the refund may require additional paperwork.

In Travis County, felony and misdemeanor cash bond refunds are handled by different offices:

• Felony cash bond refunds are handled through the Travis County District Clerk.
• Misdemeanor cash bond refunds are handled through the Travis County Clerk.

For felony cases, the Travis County District Clerk requires a signed judge’s order before processing the refund. A copy of the Sheriff’s receipt must be attached.

The Travis County Clerk provides separate forms for misdemeanor cash bond refunds.

Keep the original bond receipt somewhere safe. The name in the “received from” section helps determine who is entitled to the refund.

Can a Cash Bond Refund Be Assigned to Someone Else?

Yes.

The person entitled to the refund can assign that right to someone else. This can matter when one family member posts the money but another person is ultimately supposed to receive it.

If the person requesting the refund is not the person named on the Sheriff’s receipt, Travis County requires a notarized Assignment of Cash Bond form.

Will the Entire Cash Bond Be Refunded?

Not always.

Depending on how the case ends, the clerk may deduct an applicable statutory registry fee. The statewide refund form explains that the fee may equal five percent of the withdrawal, capped at $50, after certain convictions or deferred adjudications.

The fee should not be deducted when the accused is found not guilty or when the case is dismissed without a guilty or no-contest plea.

Money may also be applied to outstanding court costs, fines, or fees through the proper court process.

Which Type of Bond Is Best?

There is no single answer for every family, but the basic comparison is straightforward.

A personal bond may be best when:

• The person qualifies
• The judge is willing to grant it
• The family wants the least costly option
• A lawyer can present a strong release request

A surety bond may be best when:

• A personal bond is unavailable
• The family cannot afford to post the entire cash amount
• The family understands that the bonding fee is not refundable
• The co-signer and collateral terms are manageable

A cash bond may be best when:

• The family can afford the full amount
• Tying up the money will not create a serious financial hardship
• The family wants the possibility of recovering the money later
• The family understands the refund process

Before deciding, compare the actual cost of each option. A surety bond may require less money today, but that money is gone permanently. A cash bond requires more today, but most or all of it may come back later.

Check for a Hold Before Paying Anyone

Before paying a bonding company or posting a cash bond, confirm whether another hold will prevent release.

A probation hold, parole warrant, out-of-county warrant, federal hold, or ICE detainer may keep the person in custody even after the current bond is posted.

That does not always mean the bond should not be posted. There may be a strategic reason to address one bond while another hold remains. But make that decision with a clear understanding of what will happen next.

Otherwise, the family may pay a nonrefundable bonding fee and discover that nobody is coming home.

Do You Need a Lawyer or a Bail Bondsman?

A bondsman and a defense lawyer perform different jobs.

A bail bondsman helps you post a bond that has already been set. A bondsman cannot:

• Lower the bond
• Change the bond conditions
• Grant a personal bond
• Order the person released
• Remove another agency’s hold

A defense lawyer can ask the court to change the bond itself. Depending on the case, a lawyer may:

• Request a personal bond
• Ask for a lower bond
• File a motion or writ challenging an unreasonable bond
• Ask the judge to change restrictive conditions
• Present information supporting release
• Investigate whether another hold will prevent release
• Help the family compare the real cost of each option

The judge makes the final decision.

Put simply: a bondsman helps you post the bond that has already been set. A defense lawyer can ask the court to change the amount, the type of bond, or the conditions of release.

Frequently Asked Questions About Texas Bonds

What is the least expensive type of bond?

A personal bond is usually the least costly option because it carries only a very low administrative fee paid after release.

Is a personal bond the same as a cash bond?

No. A personal bond is based primarily on the accused’s promise to appear and comply with release conditions. A cash bond generally requires the full bond amount to be deposited.

Is a surety bond refundable if the case is dismissed?

No. The fee paid to the bonding company is generally nonrefundable, regardless of how the criminal case ends.

Can a bondsman get someone a personal bond?

No. In Travis County, only Pretrial Services or a defense attorney can submit a personal bond request to the judge. The judge decides whether to grant it.

Does the family get a cash bond back?

Generally, the person named on the receipt can seek a refund after the case reaches final disposition, assuming the bond was not forfeited. A court order, the original receipt, and additional paperwork may be required.

Can a lawyer guarantee a lower bond or personal bond?

No. A lawyer can present the request, supporting facts, and legal arguments. The judge makes the final decision.

Will posting bond always get someone out of jail?

No. Another warrant, probation hold, parole warrant, federal hold, or ICE detainer may prevent release or cause the person to be transferred to another authority.

Talk to CMK Defense Before Paying Bail

If someone you love is in jail in Austin or elsewhere in Central Texas, it makes sense to understand every bond option before paying anyone.

At CMK Defense, we can determine what kind of bond has been set, whether a personal bond or reduction may be possible, and whether another hold could prevent release.

A few minutes of clear information can keep a family from spending thousands of dollars unnecessarily.

Contact CMK Defense or call 512-375-3303 to find out what options may be available.