How bail works in Franklin County
Families can start here for Franklin County, Texas. The Franklin County Sheriff's Office runs the county jail. Inmate search: Franklin County Inmate Search.
How do I find a Franklin County inmate?
The quickest check is the Franklin County Inmate Search.
The county jail is run by the Franklin County Sheriff's Office, 208 TX Hwy 37, Mt Vernon, TX 75457 (903-537-4539).
Tips for the call:
- Share the person's legal name.
- Give their date of birth.
- Ask if bail has been set.
Staff may not discuss the charges.
Which Franklin County office keeps felony records?
Reach the Franklin County District Clerk at P.O. Box 750, Mount Vernon, TX 75457 (903-537-8337). Felonies are tried in district court (Tex. Code Crim. Proc. art. 4.05).
Felony bond papers are filed there.
Call about hours and payment types.
Where do Franklin County misdemeanor cases go?
The county court or a county court at law hears Class A and B cases (Tex. Code Crim. Proc. art. 4.07). Fine-only Class C cases go to justice court (Tex. Code Crim. Proc. art. 4.11). Municipal courts handle city cases (Tex. Code Crim. Proc. art. 4.14).
Justices of the peace also serve as magistrates (Tex. Code Crim. Proc. art. 2A.151).
Can I use a bondsman in Franklin County?
Bondsmen and other paid sureties may post bail here. A board is optional below 110,000 people (Tex. Occ. Code §1704.052). With no board, paid sureties need bail law training (Tex. Code Crim. Proc. art. 17.10(b)). The officer taking bail checks the surety's worth (Tex. Code Crim. Proc. art. 17.11).
A convicted felon may not write bonds for pay (Tex. Code Crim. Proc. art. 17.10(c)).
The sheriff can say who is approved.
Who decides bail in Franklin County?
The arrested person goes before a magistrate within 48 hours (Tex. Code Crim. Proc. art. 15.17). Many hearings run by video from the Franklin County jail (Tex. Code Crim. Proc. art. 15.17). The bail decision must come by then too (Tex. Code Crim. Proc. art. 17.028).
Release on jailable charges needs a magistrate with state training (Tex. Code Crim. Proc. art. 17.023).
The magistrate also explains the right to a lawyer (Tex. Code Crim. Proc. art. 15.17).
What is a Franklin County public safety report?
For Class B and above, a public safety report is required (Tex. Code Crim. Proc. art. 17.022). It lists past cases, warrants, and missed court dates (Tex. Code Crim. Proc. art. 17.021). It is due within 48 hours of arrest (Tex. Code Crim. Proc. art. 17.022).
Bail is set only after the report is considered (Tex. Code Crim. Proc. art. 17.022).
Is a personal bond possible in Franklin County?
Sometimes. A personal bond is a signed promise to appear (Tex. Code Crim. Proc. art. 17.03). The law asks for the least restrictive terms needed (Tex. Code Crim. Proc. art. 17.028).
Personal bonds are barred for:
- Offenses involving violence, as the statute lists them (Tex. Code Crim. Proc. art. 17.03).
- Felon in possession of a firearm (Tex. Code Crim. Proc. art. 17.03).
- Violating a protective order (Tex. Code Crim. Proc. art. 17.03).
The delay rule is an exception (Tex. Code Crim. Proc. art. 17.151).
What kinds of bail are used in Franklin County?
Common types include:
- Personal bond: release on a signed promise (Tex. Code Crim. Proc. art. 17.03).
- Cash bond: the full amount paid in money (Tex. Code Crim. Proc. art. 17.02).
- Surety bond: a bondsman or other surety guarantees it (Tex. Code Crim. Proc. art. 17.11).
- Property bond: a surety swears to owning enough property (Tex. Code Crim. Proc. art. 17.13).
Each surety needs assets of twice the amount (Tex. Code Crim. Proc. art. 17.11).
How does a Franklin County magistrate pick a bail amount?
The magistrate weighs these:
- Bail must secure appearance without being a tool of oppression (Tex. Code Crim. Proc. art. 17.15).
- The nature of the offense, including any violence (Tex. Code Crim. Proc. art. 17.15).
- The person's ability to pay (Tex. Code Crim. Proc. art. 17.15).
- Risk to the victim and the public (Tex. Code Crim. Proc. art. 17.15).
- Criminal history, including the report (Tex. Code Crim. Proc. art. 17.15).
- Citizenship status (Tex. Code Crim. Proc. art. 17.15).
An inability-to-pay affidavit is allowed (Tex. Code Crim. Proc. art. 17.028).
Is anyone held without bail in Franklin County?
The Texas Constitution guarantees bail for most (Tex. Const. art. I, §11). Capital cases with evident proof are the long-standing exception (Tex. Const. art. I, §11).
Denial is also possible when:
- The accused has two prior felonies (Tex. Const. art. I, §11a).
- A felony happens while on felony bail (Tex. Const. art. I, §11a).
- A release condition tied to safety is broken (Tex. Const. art. I, §11b).
- A family violence order is violated (Tex. Const. art. I, §11c).
A district judge holds a hearing first (Tex. Const. art. I, §11a).
How does the 2025 amendment affect Franklin County?
Voters approved Proposition 3 on Nov. 4, 2025 (Tex. Const. art. I, §11d). It reaches murder, aggravated sexual assault, and related charges (Tex. Const. art. I, §11d). The State can win denial of bail with enough proof (Tex. Const. art. I, §11d).
Flight risk needs a preponderance (Tex. Const. art. I, §11d). A safety finding needs clear and convincing proof (Tex. Const. art. I, §11d).
The person has a right to counsel at that hearing (Tex. Const. art. I, §11d).
Who sets bail if a new Franklin County felony happens on bond?
Only the earlier court, or its pick, may set bail (Tex. Code Crim. Proc. art. 17.027). That court may revoke or change the old bond (Tex. Code Crim. Proc. art. 17.027(a-1)).
Since 2025, prosecutors may ask a district judge to review felony bail (Tex. Code Crim. Proc. art. 17.029).
Review comes by the next business day (Tex. Code Crim. Proc. art. 17.029).
With no probable cause finding, can Franklin County keep someone?
A warrantless arrest needs a probable cause finding (Tex. Code Crim. Proc. art. 17.033).
- For a misdemeanor, release by hour 24, bond up to $5,000 (Tex. Code Crim. Proc. art. 17.033(a)).
- For a felony, release by hour 48, bond up to $10,000 (Tex. Code Crim. Proc. art. 17.033(b)).
Those who cannot pay get a personal bond (Tex. Code Crim. Proc. art. 17.033). Prosecutors can seek up to 72 hours (Tex. Code Crim. Proc. art. 17.033(c)).
Can delay lead to release in Franklin County?
If the State is not ready, release comes after:
- Felony: 90 days (Tex. Code Crim. Proc. art. 17.151).
- Class A misdemeanor: 30 days (Tex. Code Crim. Proc. art. 17.151).
- Class B misdemeanor: 15 days (Tex. Code Crim. Proc. art. 17.151).
- Fine-only charge: 5 days (Tex. Code Crim. Proc. art. 17.151).
Release is by personal bond or lower bail (Tex. Code Crim. Proc. art. 17.151). It does not cover safety-condition violations (Tex. Code Crim. Proc. art. 17.151).
What conditions might Franklin County add to bail?
Bond can carry conditions for safety (Tex. Code Crim. Proc. art. 17.40). These include curfew and electronic monitoring (Tex. Code Crim. Proc. art. 17.43). Some must pass drug tests (Tex. Code Crim. Proc. art. 17.44).
Repeat DWI often brings an ignition interlock (Tex. Code Crim. Proc. art. 17.441).
A violation can end the bond after a hearing (Tex. Code Crim. Proc. art. 17.40).
Are family violence bonds different in Franklin County?
Expect a magistrate's emergency protection order (Tex. Code Crim. Proc. art. 17.292). With a deadly weapon or serious injury, it is required (Tex. Code Crim. Proc. art. 17.292). Conditions may include GPS monitoring and staying away (Tex. Code Crim. Proc. art. 17.49).
Breaking those terms can mean no bail (Tex. Code Crim. Proc. art. 17.152).
For violent charges, a magistrate sets bail (Tex. Code Crim. Proc. art. 17.20(d)).
How do we change bail in Franklin County?
A court may raise or lower bail for good cause (Tex. Code Crim. Proc. art. 17.09). A lawyer usually files a motion in the trial court. Bring proof of income and ties (Tex. Code Crim. Proc. art. 17.15).
Felony filings go to the district clerk's office.
What if someone misses court in Franklin County?
The name is called at the courthouse door (Tex. Code Crim. Proc. art. 22.02). Then a judgment nisi forfeits the bond (Tex. Code Crim. Proc. art. 22.02).
- On a felony, it is a third-degree felony (Tex. Penal Code §38.10).
- On a misdemeanor, it is a Class A misdemeanor (Tex. Penal Code §38.10).
- On a fine-only case, it is a Class C misdemeanor (Tex. Penal Code §38.10).
Contact the court clerk quickly.
How does forfeiture work in Franklin County?
The court sends a citation to each surety (Tex. Code Crim. Proc. art. 22.03). Death or serious illness can be a defense (Tex. Code Crim. Proc. art. 22.13). A remittitur may return some money (Tex. Code Crim. Proc. art. 22.16).
A surety may also surrender the person (Tex. Code Crim. Proc. art. 17.16).
How are bail deposits returned in Franklin County?
A cash bond goes back to the receipt holder (Tex. Code Crim. Proc. art. 17.02). Fees and costs may be taken out (Tex. Code Crim. Proc. art. 17.02). A bondsman's premium is not refunded.
Ask in writing; collateral is due within 30 days (Tex. Occ. Code §1704.301).
Keep the receipt (Tex. Occ. Code §1704.305).
Do minors get bail in Franklin County?
Children go to juvenile processing, not adult bail court (Tex. Fam. Code §52.02). Release to a parent is common (Tex. Fam. Code §52.02). A detention hearing follows by the second working day (Tex. Fam. Code §54.01).
There is no money bail in juvenile court (Tex. Fam. Code §54.01).
Where do Franklin County federal cases go?
Federal cases from Franklin County go to the Texarkana Division of the Eastern District (28 U.S.C. §124). A U.S. magistrate judge decides release (18 U.S.C. §3142).
Court sits at Texarkana.
Before visiting Franklin County offices, what should I confirm?
Office hours and payment rules can change.
A quick call first saves a trip.
- Bring a photo ID.
- Bring the booking or case number.
- Ask which payment forms are taken.
This is general help, not legal advice.
Franklin County bail contacts
- Sheriff
- Franklin County Sheriff's Office, 208 TX Hwy 37, Mt Vernon, TX 75457, 903-537-4539
- District Clerk
- P.O. Box 750, Mount Vernon, TX 75457, 903-537-8337
- Federal court
- U.S. District Court, Eastern District, Texarkana Division (Texarkana)
- Bail bond board
- Not required; ask the sheriff about approved sureties
- Inmate search
- Franklin County Inmate Search
Judges and magistrates set release terms case by case. Nothing here is legal advice.