ESCAPE FROM CUSTODY
Escape From Custody in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “ESCAPE FROM CUSTODY” means
Texas Penal Code § 38.06 defines escape. The State must prove the accused escaped from custody while under arrest for, lawfully detained for, charged with, or convicted of an offense, or while in custody pursuant to a lawful order of a court. "Escape," defined in Texas Penal Code § 38.01, means an unauthorized departure from custody, including a failure to return to custody following a temporary leave granted for a specific purpose or a limited period; "custody" means being under arrest by a peace officer or under restraint by a public servant pursuant to a court order. This Class A misdemeanor variant under § 38.06(a) and (b) applies when the underlying matter is a misdemeanor; escape involving a felony charge or confinement in a secure facility is the separate felony variant under § 38.06(c).
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for ESCAPE FROM CUSTODY in Texas
Across 1,819 Texas bail settings for this charge (14 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,500 (middle half: $2,000 – $7,500). 4% of defendants were released on a personal bond, and bail was denied in 61 cases. When this was the only charge at booking (192 records), the median was $4,000 and 7% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 157 | $1,500 | $1,000 – $3,500 | 0% | 1% |
| El Paso | 153 | $5,000 | $2,000 – $13,750 | 8% | 5% |
| Bexar | 138 | $2,750 | $2,000 – $5,000 | 5% | 2% |
| Dallas | 97 | $1,500 | $1,000 – $2,750 | 0% | 6% |
| Travis | 88 | $5,000 | $3,500 – $7,500 | 10% | 6% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real ESCAPE FROM CUSTODY cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with ESCAPE FROM CUSTODY?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.