In some states, the information on this website may be considered a lawyer referral service. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. Depending on the value of the property or the amount of credit, this offense can be enhanced all the way up to a 1st-degree felony (with every other charge in between). (f) A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System. Sec. 17.32. January 1, 2020. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. Amended by Acts 1971, 62nd Leg., p. 3045, ch. Aug. 28, 1967. According to Title 1, Art. 570), Sec. In that case, the bail bond amount can range from $15K-$50K. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. 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. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. 1178), Sec. (b) In addition to confinement, an individual convicted of a state jail felony may be punished by a fine not to exceed $10,000. The bail bond amounts for a state jail felony range from $3,000-$10K. 2, eff. The bail bond amount can range from $1,000-$3,000. It will be enhanced to a class A misdemeanor if someone has previously been convicted, if the victim is a child under 18 and commits suicide or gets hurt, or someone has previously violated a temporary restraining order or injunction. Added by Acts 2011, 82nd Leg., R.S., Ch. But having or requesting an attorney has its advantages. The bail bond amount could range from $10K-$30K depending on the level of the charge. 17.01 of the Texas Code of Criminal Procedure, bail "is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond." Bail bonds hold defendants accountable for making their court appearances. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). (B) involves violence directed against a peace officer. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent misdemeanor. The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. 2, eff. 1, eff. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. June 14, 1995; amended by Acts 1997, 75th Leg., ch. The power to require bail is not to be used to make bail an instrument of oppression. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. 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. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. 658, Sec. 3165), Sec. Courts can also choose to release a defendant on personal recognizance. Sept. 1, 2001. This serious charge can come with a bail bond amount upwards of $10K. 736 (H.B. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. 743 (H.B. 34, eff. Art. Before posting bail and being released, a defendant must complete the booking processa bureaucratic and, often, humiliating procedure. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. 4, eff. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. 375), Sec. 1801), Sec. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. All general rules in the Chapter are applicable to bail defendant before an examining court. 17.292. 1005), Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. It will be enhanced to a 2nd or 1st-degree felony if the escape resulted in injury or a deadly weapon was used, with a bail bond amount upwards of $30K. Possession of Marijuana (POM) The bail bond amount can range from $100-$500. 697, Sec. CLICK HERE FOR TITLE OR CONTRACT BONDS. Because this charge isnt considered to be morally bad, and there is no victim, this 2nd-degree felony bail bond amount will be closer to $15K. Acts 2013, 83rd Leg., R.S., Ch. 374, Sec. The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). Art. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. 1276 (H.B. 17.50. The bail bond amount can range from $1,000-$3,000. September 1, 2017. 6), Sec. (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. The defendant will need to weigh the benefits of possibly getting reduced or no bail against the disadvantages of spending more time in jail. 17.05. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. (signature of defendant).". Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. Sec. 90 (S.B. 17.14. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. Defendants who post bail and then miss a court date forfeit their bail money. A bail bond amount could range from $5,000-$10K when this offense is charged as a state jail felony. 17.49. 2, p. 317, ch. This charge is enhanced to a 3rd-degree felony when a weapon is involved. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. Acts 2015, 84th Leg., R.S., Ch. 17.47. 1, 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. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. If the defendant accepts this option and pays bail, the defendant is released. 737), Sec. Subsec. 17.01. It can be enhanced to a 2nd-degree felony if the victim was harmed or threatened. Can You Get a Bail Bond for a Felony Charge in Texas? This state jail felony bail bond amount could be even higher. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. Subsec. 1275, Sec. 8, eff. That it be made payable to "The State of Texas"; 2. (a) amended by Acts 1999, 76th Leg., ch. They can also release defendants for no bail, at all. The company can take legal action against the defendant to recoup its losses. 1573), Sec. 2, eff. . 982 (H.B. Court orders are issued to protect victims of a crime, so when these orders are violated against someone, it is considered to be morally wrong. Acts 2017, 85th Leg., R.S., Ch. 346), Sec. (d) amended by Acts 2003, 78th Leg., ch. 2(6), eff. Art. It is a 2nd-degree felony when someone engages with a person under 18. 17.31. Web By Filane Mikee Cervantes February 17, 2020, 6:16 Pm. Written by Eric Torberson in Criminal Defense Bail for DWI in Texas depends on the level of the offense just like any other charge. Which is Worse Aggravated Assault or Battery? This offense can have a bail bond amount closer to $30K. 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. If the defendant fails to show up for the scheduled trial date or hearing and bail is forfeited, whatever you paid (or "posted") becomes the property of the court. (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense involving family violence; or. The provisions of this article do not apply to a defendant who is: (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or. September 1, 2013. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. (c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. 3, eff. Possession of a Concealed Weapon Bail Amount 17.023. The purpose of bail is not to punish the defendant. 6, eff. They're upset and want you to bail them out right away. Art. Defendants who post bail and then miss a court date forfeit their bail money. 1, eff. Art. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. The reality of this offense is that it is only going to be charged in conjunction with a DWI. 593 (H.B. June 16, 1991. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. About Bail. 312, Sec. 1, eff. Second Degree Felony: The crimes of this level can include aggravated assault, intoxication manslaughter, possession of marijuana of 50 to 2,000 pounds, or robbery. It's also critical to understand that you do not get bail money back, specifically the 10% bail fee back from the bondsman. 17.03. 1276, Sec. RULES FOR SETTING AMOUNT OF BAIL. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. Severe offenses often lead to high bail requirements. 2, Sec. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. BAIL BOND CERTIFICATES. The bail bond amount can range from $3,000-$7,000. 17.40. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. SURRENDER IN VACATION. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested. Sept. 1, 1991. January 1, 2022. General battery ( not causing great bodily harm) against an officer is charged as a third . (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. 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