Ex Parte: Irving Williams, 12-21-00032-CR

Appellant Irving Williams was arrested Oct. 15, 2020 and originally charged with ten counts; a grand jury later indicted eight counts (indecency with a child and sexual assault of a child).
Trial court initially set bail at $100,000 per count (total $1,000,000); at a February 2, 2021 hearing the State and Williams agreed to a total bail of $100,000 and a no-contact order.
Williams testified he had limited assets (three older cars, about $11,000–$12,000 potentially available to post a bond premium), no real property, steady employment in Nacogdoches, family ties in Cherokee County, and no criminal record.
The trial court instead set bail at $75,000 per count (total $600,000); Williams remained jailed for several months and appealed the bail amount.
No evidence was presented that Williams posed a flight risk, would disobey court orders, or endangered the alleged victim; the offenses charged are second-degree felonies (2–20 years).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by setting bail at $75,000 per count ($600,000 total) despite the parties' agreement to $100,000 total	Williams: $600,000 is excessive and oppressive; court should honor the parties' $100,000 agreement and consider his limited means and ties	State: bail is within the trial court’s discretion given the nature of the charges and precedent supporting higher bail in child‑offense cases	Court reversed — the trial court abused its discretion; $600,000 was excessive and the case remanded for further proceedings

Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (standard of review for bail settings)
Ex parte Vasquez, 558 S.W.2d 477 (Tex. Crim. App. 1977) (purpose of bail is to secure presence at trial)
Ex parte Charlesworth, 600 S.W.2d 316 (Tex. Crim. App. 1980) (indigence does not alone control bail amount)
Ex parte Ivey, 594 S.W.2d 98 (Tex. Crim. App. 1980) (consider punishment authorized when assessing offense nature)
Ex parte Bogia, 56 S.W.3d 835 (Tex. App.—Houston [1st Dist.] 2001) (bail must give reasonable assurance, not guarantee, appearance)
Clemons v. State, 220 S.W.3d 176 (Tex. App.—Eastland 2007) (upholding higher bail in more aggravated facts and first‑degree charges)
Ex parte Sabur‑Smith, 73 S.W.3d 436 (Tex. App.—Houston [1st Dist.] 2002) (reduced excessive bail for second‑degree sexual assault)
Nguyen v. State, 881 S.W.2d 141 (Tex. App.—Houston [1st Dist.] 1994) (court reduced excessive bail despite serious charges)
Montalvo v. State, 315 S.W.3d 588 (Tex. App.—Houston [1st Dist.] 2010) (defendant’s potential sentence is an important bail consideration)
Smith v. State, 829 S.W.2d 885 (Tex. App.—Houston [1st Dist.] 1992) (factors courts should consider when setting bail)