What may not be so obvious is where these bail bond amounts come from and what they are based upon. 1, eff. 2.05, eff. Added by Acts 2021, 87th Leg., R.S., Ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 20, eff. 17.023. It also depends if it was a caregiver (in and out of facilities). Sept. 1, 1995. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. 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. 4 (S.B. This charge is enhanced to a 3rd-degree felony when a weapon is involved. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. Art. (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. Aug. 26, 1991. September 1, 2015. 437 (H.B. Acts 2009, 81st Leg., R.S., Ch. It's the middle of the night and you get a call from a friend or loved one who has been arrested. Some courts may be more willing to let defendants out on reduced bail or on personal recognizance if they are at risk for the disease. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. Acts 2009, 81st Leg., R.S., Ch. 2(6), eff. This is a morally wrong offense with an alleged victim. 2, eff. 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. If the defendant accepts this option and pays bail, the defendant is released. (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. Art. 23, Sec. This is also indecent exposure, and because this has a victim and is considered much more morally wrong, the bail bond amount will be higher, at about $3,000. Sec. January 1, 2020. As local officials shrink jail populations due to coronavirus, Texas Gov. Assault with a firearm is often around $50,000. Gov. 2, eff. Amended by Acts 1989, 71st Leg., ch. 284(46), eff. Acts 1965, 59th Leg., vol. A "bail bond" is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. If the bail is paid, or posted, the defendant can be released from custody pending trial. And that is why he takes the time to get to know each client before he agrees to represent them. Art. 1st-degree felonies have bail bond amounts that range from $30K$500K. the defendant's financial ability to pay bail. This bail bond could go up to $10K because of its seriousness. Art. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. Copyright 2023 Shouse Law Group, A.P.C. Acts 2011, 82nd Leg., R.S., Ch. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. 17.06. If you are charged with a Class B or Class A misdemeanor, and you do not show up for one of those court dates, the Bail Jumping and Failure to Appear Charge will be enhanced to Class A misdemeanor charge. Acts 2007, 80th Leg., R.S., Ch. That it be made payable to "The State of Texas"; 2. 221 (H.B. Aggravated sexual assault of an adult. 1, eff. 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. September 1, 2013. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. (l) This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. 17.23. Sept. 1, 2003. 4.03, eff. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. January 1, 2016. 1038 (H.B. How much is bail for assault? 17.291. Starting December 2. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. The prosecutor will argue that it should stay the same. 1, eff. 6), Sec. Start here to find criminal defense lawyers near you. It can be enhanced to a higher charge based on prior convictions. Sept. 1, 1999. 3, eff. 737), Sec. The bail bond in this instance would range from $15K-$50K. TRAINING ON DUTIES REGARDING BAIL. Sec. 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. Then the bail bond amount ranges from $1,000-$3,000. (4) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). 722. 3. Sept. 1, 1999. September 1, 2021. May 11, 2007. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. SUFFICIENCY OF SURETIES ASCERTAINED. (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. The bail bond amount can range from $1,000-$3,000. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. This charge will be enhanced to a Class A Misdemeanor when information obtained is transferred to a third party. Sept. 1, 1995. Sept. 1, 2003. 17.033. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. (a) amended by Acts 1999, 76th Leg., ch. If the defendant shows up for every hearing on time, the court will typically return all bail paid in cash (sometimes minus a small fee). This offense can have a bail bond amount closer to $30K. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. Amended by Acts 1967, 60th Leg., p. 1736, ch. (h) A defendant described by Subsection (f) may file an affidavit under Subsection (f) at any time before or during the bail proceeding under Subsection (a). 1, eff. The downside is sitting in jail. If the defendant is not offered a chance to pay a scheduled bail payment (or chooses not to pay), the defendant . (b) This article may not be construed to extend any deadline provided by Article 15.17. September 1, 2017. Federal and state laws differ as to when judges have the discretion not to grant bail. (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15 (a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; Allen was killed during a traffic stop in 2017. The bail bond amount can range from $3,000-$7,000. (signature of defendant).". BAIL DECISION. Sept. 1, 1997; Subsecs. Some jurisdictions only allow cash or money orders, but some now accept credit cards. (5) Section 43.05(a)(2) (Compelling Prostitution). 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. 942, Sec. The highest level Misdemeanor that someone can be charged with is a Class A. 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