Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. (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. 19.01(3), eff. Lic.# 0022. After the hearing in-front of the judge the cost of the bail will be determined. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. This year, Governor Greg Abbott signed a bill into law that is designed to keep those who have been arrested with a previous criminal record in jail awaiting court proceedings. (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. The bail bond amount for this charge can be upwards of $50K. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 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. September 1, 2005. 1, eff. This bail bond could go up to $10K because of its seriousness. It can go all the way up to a 1st-degree felony (with every charge in between). (k-1) A law enforcement agency may delay entering the information required under Subsection (k) only if the agency lacks information necessary to ensure service and enforcement. Acts 2021, 87th Leg., R.S., Ch. Art. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. 2, eff. WHEN BAIL IS NOT GIVEN. June 17, 2011. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. September 1, 2017. 1, eff. 1557), Sec. 17.141. Robbery is a morally wrong offense. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. A bail bond amount for that will be on the lower side of about $1,000. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. 298, Sec. (d) added by Acts 2003, 78th Leg., ch. (j) amended by Acts 2003, 78th Leg., ch. But having or requesting an attorney has its advantages. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. This is a morally wrong offense with an alleged victim. 955 (S.B. The bail bond amount can range from $1,000-$3,000. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. If they are tampered with, they are now the victim of this new offense, which is morally bad. 1st-degree felonies have bail bond amounts that range from $30K$500K. (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. 3751), Sec. A state jail felony bail bond, in this case, can be closer to $10K. It could be charged as a state jail felony, with a bail bond amount of around $8,000; or it could be charged as a 3rd-degree felony with a bail bond amount of $10K. The bail bond amount can range from $3,000-$7,000. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. Acts 2011, 82nd Leg., R.S., Ch. If the bail is paid, or posted, the defendant can be released from custody pending trial. BAIL DECISION. 17.42 by Acts 1991, 72nd Leg., ch. Tony Sun is a lawyer in Austin, Texas who defends people who get accused of doing something wrong. 623, Sec. September 1, 2011. 1070), Sec. (4) the court that issued the order releasing the defendant on bond. 1823), Sec. 1, Sec. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. 910), Sec. Art. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. Secs. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. Its purpose is to ensure the defendant shows up in court. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. 17.292. 221 (H.B. 232 (H.B. 17.03. A bail bond amount could range from $3,000-$10K. They can wait for trial at home. 2, eff. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. (i) amended by Acts 1999, 76th Leg., ch. Courts can even deny bail, completely. 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. 17.291. 374, Sec. Art. 1, Sec. Abbott blocks release of some inmates who cant pay bail. (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. Added by Acts 2021, 87th Leg., R.S., Ch. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. September 1, 2019. 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). March 19, 1993. Sept. 1, 2003. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. The punishment according to Sec. 361 (S.B. A burglary charge will be enhanced to a 3rd-degree felony if the burglary takes place in a building where a controlled substance is generally stored. Texas Legislature 2021. September 1, 2017. Can You Get a Bail Bond for a Felony Charge in Texas? (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 437 (H.B. 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. The bail bond amount can range from $1,000-$3,000. Each offense comes with it an official criminal charge, and it can either be a misdemeanor or felony. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. The bail bond amount can range from $1,000-$3,000. (a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules: 1. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. Amended by Acts 1989, 71st Leg., ch. 1, eff. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. The bail bond amount can range from $3,000-$5,000. REPORTING OF CONDITIONS. A bail bond amount for this charge can go up to $10K because a victim is involved, and it is morally wrong. Judges have the discretion to set bail higher or lower than the amount on the schedule, based on the circumstances. PUBLIC SAFETY REPORT. 1. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released; and. This is a morally bad offense that includes a victim. 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. Acts 2017, 85th Leg., R.S., Ch. If someone threatens another person with imminent bodily injury or causes physical contact with another who would regard the contact as offensive, this is when an assault charge is classified as a Class C misdemeanor. Assault with a firearm is often around $50,000. 17.40. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. 324 (S.B. It is extremely morally wrong. Added by Acts 1969, 61st Leg., p. 2033, ch. Sept. 1, 1969. It can be charged as a 3rd, 2nd, or 1st-degree felony. 505 N Frazier St. Conroe , TX. (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. 12.35 of the Texas Criminal Penal Code states, an individual convicted of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. If the defendant is charged with a felony, that it state that he is charged with a felony. It will be enhanced to class A or state jail felony depending on previous convictions. 2, eff. September 1, 2009. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. Art. 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