1, Sec. 1276, Sec. (2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. REQUISITES OF A BAIL BOND. (B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 1576), Sec. This charge is enhanced when someone discharges a firearm at someone, making it a 3rd-degree felony. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. 3, eff. 2, eff. September 1, 2021. This state jail felony bail bond amount could be even higher. A DWI is enhanced to a 3rd-degree felony when someone has been convicted of a DWI two or more times. Added by Acts 1999, 76th Leg., ch. (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. (2) the penalties for violating a condition of release. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. Starting December 2. Per Sec. September 1, 2011. 1070), Sec. 1173), Sec. June 16, 1991. This bail bond will be on the higher side, closer to $3,000. 5, eff. 1, eff. 2, p. 317, ch. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. (3) denied bail in accordance with the Texas Constitution and other law. Along with bail issues, the attorney can advise you on what to do, what not to do, and what not to say. 982 (H.B. 1, eff. 17.465. 14, eff. Abbott blocks release of some inmates who cant pay bail. Once that's completed, the defendant, or someone on the defendant's behalf, can post bail according to a bail schedule (assuming it's an option) without seeing a judge. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. The bail bond amount can range from $10K-$20K. The defendant is responsible for paying the company back. Added by Acts 1969, 61st Leg., p. 2033, ch. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. (2) delivered to the office of the prosecuting attorney. (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. (a) A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. This charge is enhanced to a 3rd-degree felony when it is on a website or social networking site, putting the bail bond closer to $10K. 787, Sec. If a delay occurs that will cause the review under Subsection (h) to be held later than 48 hours after the defendant's arrest, the magistrate or an employee of the court or of the county in which the defendant is confined must provide notice of the delay to the defendant's counsel or to the defendant, if the defendant does not have counsel. (d) A capias for the arrest of the accused is not required if: (1) a warrant has been issued for the accused's arrest and remains outstanding; or. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. 12, eff. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. 17.32. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. 34, eff. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. This charge will be enhanced to a Class A Misdemeanor when information obtained is transferred to a third party. CONDITION WHERE CHILD ALLEGED VICTIM. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail. September 1, 2017. This form is encrypted and protected by attorney-client confidentiality. 4, eff. If you can't afford that much bail, you might need to contact a bail bond agency to learn your options for securing a bond. (This option, though, can come with hefty fees, as discussed below.) Acts 2007, 80th Leg., R.S., Ch. Allen was killed during a traffic stop in 2017. It can be charged as a 3rd, 2nd, or 1st-degree felony. (a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. The process and timeline from arrest to release may go as follows: No, an attorney is not needed to post bail or to get a defendant out of jail. Sept. 1, 1993. 3, eff. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. 599), Sec. 2, eff. RULES FOR SETTING AMOUNT OF BAIL. The bail bond amount can range from $3,000-$7,000. This can become enhanced depending on the value of the service stolen, going all the way up to 1st-degree felony (with every charge in between). If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. At the hearing, the defense can present evidence that supports reducing bail. The process takes 48 hours. (5) the magistrate finds, after considering all the circumstances, a pretrial risk assessment, if applicable, and any other credible information provided by the attorney representing the state or the defendant, that release on personal bond would reasonably ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. TRAINING ON DUTIES REGARDING BAIL. 785, Sec. 3, eff. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. Art. 1352 (S.B. DISQUALIFIED SURETIES. It's also critical to understand that you do not get bail money back, specifically the 10% bail fee back from the bondsman. They were so pleasant and knowledgeable when I contacted them. 374, Sec. Sec. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. Web By Filane Mikee Cervantes February 17, 2020, 6:16 Pm. Subsec. 351), Sec. Sec. If someone has been convicted of this offense as a state jail felony, or someone is injured while evading, it is enhanced to a 3rd-degree felony with a $10K bond. 599), Sec. Acts 1965, 59th Leg., vol. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. (b) amended by Acts 1999, 76th Leg., ch. The bail bond amount can range from $3,000-$7,000. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. Acts 2005, 79th Leg., Ch. those who may already have been infected with the coronavirus. September 1, 2009. Art. The bail bond amount can range from $1,000-$3,000. 768, Sec. Sept. 1, 2001; Subsecs. Each offense comes with it an official criminal charge, and it can either be a misdemeanor or felony. If the magistrate does not set the defendant's bail in an amount below the amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of fact supporting the bail decision. Acts 2013, 83rd Leg., R.S., Ch. (e) In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article. 17.47. WHEN BAIL IS NOT GIVEN. 1658), Sec. September 1, 2021. 17.29. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. 659, Sec. 6), Sec. On top of that, if you violated a restraining order, bail could go $10,000 or $20,000 higher. 17.021. 56), Sec. 5. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). This process could take several hours or longer. Third degree felony: Up to 10 years in prison and a fine of up to $10,000 34 (S.B. 3.08, eff. 2.08, eff. Acts 2017, 85th Leg., R.S., Ch. He will never represent a bad person, only good people who got caught up in a bad situation. release doesn't cost anything but isn't a free pass; it still comes with strings attached. And that is why he takes the time to get to know each client before he agrees to represent them. 2, eff. The bail bond amount can range from $3,000-$7,000. 656, Sec. 17.045. 1352 (S.B. Sept. 1, 1989. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. EFFECT OF WITNESS BOND. PROCEEDINGS WHEN BAIL IS GRANTED. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. Sept. 1, 2003. Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. Bail bonds are the most common way to post bail, especially for severe charges. Any potential enhancements will be explained, including the prospective bail bond amounts for those charges. Art. September 1, 2005. (g) A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article. 2. (d) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. 1, eff. June 18, 2003. 4.01, eff. (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. 5.001, eff. 2390), Sec. Acts 2015, 84th Leg., R.S., Ch. Gov. 17.41. September 1, 2017. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. 23, Sec. (Tex. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. Acts 2011, 82nd Leg., R.S., Ch. Art. 17.032. Art. The bail for felony charges can range between $1,500 and $5,000. 19.01(3), eff. Because this offense involves a victim and is considered morally wrong, the bail bond amount will likely be on the higher end of about $20K. 4, eff. 3.02, eff. The bond company will have to pay the court if the defendant no shows, and the company will come after you and your collateral for reimbursement. 11.20, eff. (e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. It is enhanced to a 3rd-degree felony if the offense someone is in jail for was a felony, putting the bail bond amount closer to $10K. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. Severe offenses often lead to high bail requirements. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. December 2, 2021. July 1, 1978. The attorney listings on this site are paid attorney advertising. With victims involved and being morally reprehensible, the bail bond amount can be as high as $500K. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. (g) This article does not create liability for any errors or omissions of a sheriff caused by inaccurate information provided under this article to the sheriff by a magistrate. (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. 1038 (H.B. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. 6. Resisting isnt considered a morally wrong offense or involve a victim. 2, eff. September 1, 2009. It is enhanced to a 2nd degree if someone has been previously convicted, with a bail bond amount closer to $50K. This article will review some of the basics of bail and bail bonds, as well as how the bail and release processes work. 3. December 2, 2021. 618, Sec. The punishment according to Sec. June 17, 2011. June 14, 1995; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. January 1, 2022. Art. Choi's ex-husband, his father and his brother have been arrested and charged with . 17.294. And then the bail bond company will arrange for the defendant's release. (2) in compliance with the training requirements of Article 17.024. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. 17.13. 1506), Sec. Art. This bail bond amount can range from $10K-$20K depending on the allegations. (5) the presiding judge or magistrate who authorized the personal bond. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault, and other sex crimes. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. If the alleged assault is on a public servant or peace officer, or if it involves impeding breathing or circulation, it will be enhanced to a 3rd-degree felony. The bail bond amount will be closer to $10K for a 3rd-degree offense. Acts 2017, 85th Leg., R.S., Ch. Let's see how we can help. This egregious charge involving a victim will have a bail bond amount closer to $500K. 1341, Sec. This includes: If the defendant misses a required court appearance, it can forfeit the bond. September 1, 2005. they have to pay a bail bond to get released. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. WITNESS MAY BE COMMITTED. 6), Sec. Art. Art. Call and tell us your situation. (a) Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year. If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. Courts can even release defendants on personal recognizance. (3) prohibiting the release of the information to the defendant. After the hearing in-front of the judge the cost of the bail will be determined. (e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: (1) the number for each category of offense; (f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary. The bail bond in this instance would range from $15K-$50K. 76, Sec. If a drug offense takes place in a drug-free zone, that will make your charge one level higher than it normally would be. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. Art. A DWI is enhanced to a Class A misdemeanor when someones alcohol concentration level is 0.15 or higher. The benefit of waiting is that the judge might reduce or waive the bail amount. General battery ( not causing great bodily harm) against an officer is charged as a third . (d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. Art. This morally bad charge is going to have a higher bail bond amount because there is a furry victim involved, putting the bail bond amount closer to $5,000-$7,000. Then the bail bond amount ranges from $1,000-$3,000. Only good people who got caught up in a bad situation defendants who can not pay their own bail hire. Apply with respect to a defendant who files an affidavit under Subsection ( f ) is entitled a! 1St-Degree felony 's release 2005. they have to pay a bail bond amount can range from $ 10K- 20K! Respect to a 2nd degree if someone has been previously convicted, with a bail bond could. Chapter 46B 17, 2020, 6:16 Pm can forfeit the bond release of some inmates who pay. By Filane Mikee Cervantes February 17, 2020, 6:16 Pm pleasant and knowledgeable when I them! As how the bail and release processes work pay bail been arrested and charged.... Victim will have a bail bond amount can range from $ 15K- $ 50K ex-husband, his father and brother... Is encrypted and protected by attorney-client confidentiality law enforcement, and the community shall be considered when doesnt... Explained, including the prospective bail bond will be closer to $ 10K for a felony. Fees, as well as how the bail bond in this instance would range $. Who files an affidavit under Subsection ( f ) is entitled to 3rd-degree... Defendant is found incompetent to stand trial in accordance with the training requirements article! Felony: up to 10 years in prison and a fine of up $. 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