As Texans prepare to head to the polls on November 4, 2025, one significant ballot item is Proposition 3, which proposes a crucial change to the state's bail system. This amendment, also known as Senate Joint Resolution 5, aims to grant judges greater authority to deny bail for defendants accused of serious violent crimes. To shed light on this important issue, we spoke with Forney defense attorney Robert Guest from Guest and Gray Law Firm, who has extensive experience in Kaufman County.
What Does the Amendment Propose?
Proposition 3 seeks to modify the Texas Constitution, allowing courts to hold defendants accused of violent or sexual felonies without bail if prosecutors can demonstrate clear and convincing evidence that their release would pose a threat to public safety or risk their appearance in court. Currently, bail can only be denied in very limited circumstances, such as capital murder.
InForney: Robert, can you explain the proposed constitutional amendment in straightforward terms?
Robert Guest: Absolutely. This amendment would empower judges to deny bail in more serious cases beyond just capital murder. If it passes, offenses like murder, aggravated assault with a deadly weapon, aggravated sexual assault, aggravated robbery, and human trafficking could also lead to bail being denied. For this to happen, prosecutors would need to present clear and convincing evidence that releasing the defendant could endanger the public or make it unlikely for them to return to court. Additionally, judges would have to provide a written explanation for their decisions.
Understanding "Clear and Convincing Evidence"
InForney: What does "clear and convincing evidence" mean in practical terms?
Guest: In legal terms, we have different standards of proof. For instance, the standard at trial is “beyond a reasonable doubt,” which is the highest threshold. On the other hand, “preponderance of the evidence” means just over 50% likelihood. “Clear and convincing evidence” is in between; it requires judges to be strongly persuaded by the evidence presented. This is vital because it deals with holding someone in jail before they’ve been convicted.
Current Bail Rules vs. Proposed Changes
InForney: How would this amendment alter the current bail system in Texas?
Guest: Texas already allows bail denial in specific situations, like capital murder or for individuals with repeated felony convictions. This amendment broadens that scope to include a wider range of violent offenses. Importantly, it also introduces safeguards: defendants would have the right to an attorney during bail hearings, and judges would be required to document their reasons for denying bail, enhancing transparency and accountability.
Concerns About Impact on Low-Income Defendants
InForney: Critics argue that such changes could disproportionately affect low-income individuals. What’s your take on this concern?
Guest: That’s a valid concern, one I’ve witnessed during my 25 years as a defense lawyer in Kaufman County. Defendants with financial means can often post bail, while those without may languish in jail for extended periods awaiting trial. However, this amendment does call for stronger evidence before bail can be denied and mandates that judges provide explanations for their decisions. These safeguards aim to minimize the potential for misuse. Ultimately, the effectiveness will depend on how judges apply the law and how vigorously defense attorneys advocate for their clients.
What Voters Are Deciding
InForney: What should voters understand about their choices on this amendment?
Guest: A “yes” vote indicates support for allowing judges to deny bail in more serious cases, with the proposed protections in place. A “no” vote maintains the current bail rules. It’s crucial to remember that these bail decisions occur before a trial, where defendants are still presumed innocent. This amendment aims to balance public safety with the rights of the accused, so voters should reflect on whether they believe the existing law achieves that balance or if judges should indeed have greater discretion.
Conclusion: A Call to Informed Voting
As the election approaches, residents should stay informed about this significant amendment that could reshape how our justice system operates. With the stakes high, understanding the implications of Proposition 3 is essential for every voter. Forney families should consider how these changes may affect not only public safety but also the rights of individuals facing serious charges.
