17.021. 1, eff. 1263 (H.B. 17.51. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. Shouse Law Group has wonderful customer service. June 20, 1987; Subsec. 2, eff. Amended by Acts 1999, 76th Leg., ch. 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 much higher depending on the class. If you are charged with engaging in organized criminal activity, this is an additional charge to the original offense for which you are being arrested. This bail bond will be on the higher side, closer to $3,000. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 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. TIME GIVEN TO PROCURE BAIL. 6. 1, eff. 17.28. The defendant will have to wait for trial behind bars. Acts 2011, 82nd Leg., R.S., Ch. However, if you used a bond company, its 10% premium is nonrefundable. The bail bond in these cases will be much higher, close to $10K or more. But having or requesting an attorney has its advantages. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. State laws generally require that a defendant be brought before a judge for one of these hearings within 48 to 72 hours after arrest. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. Aspects such as criminal history and previous convictions play a huge role in whether a charge will be enhanced, as well as other reasons to be discussed further. 17.48. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. 3.10, eff. 1341, Sec. art. September 1, 2007. September 1, 2007. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. 3751), Sec. How do you post bail for someone? This charge will have a bail bond amount closer to $50K. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or. This is a morally wrong offense committed against another person. 982 (H.B. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. 7, eff. 5, eff. 243 (S.B. 284(45), eff. RULES FOR SETTING AMOUNT OF BAIL. 11 (S.B. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Art. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. or a release on own recognizance). (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. (2) the use or exhibition of a deadly weapon during the commission of an assault. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. 1352 (S.B. Acts 2021, 87th Leg., 2nd C.S., Ch. Acts 1965, 59th Leg., vol. Possession of Marijuana (POM) The bail bond amount can range from $100-$500. Tony Sun is a lawyer in Austin, Texas who defends people who get accused of doing something wrong. 965), Sec. Sec. (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. And it will go after you and your collateral to get back the money it paid to the court. 1113 (H.B. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. It can become enhanced to a 3rd, 2nd, or 1st-degree felony depending on the number of items obtained, possessed, transferred, or used. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. Depending on the level of the misdemeanor or felony determines the potential punishment, and it all plays into that initial bail bond amount. (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. Sept. 1, 1999; Subsecs. With a victim involved in this morally bad offense, a bail bond amount for this charge is going to be closer to $10K. 1006, Sec. 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). 1, eff. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6). 17.10. 950 (S.B. (B) involves violence directed against a peace officer. However, if you have been detained or arrested, and you still refuse to identify yourself, you can be charged with a Class B misdemeanor finding yourself with around a $1,000 bail bond, or a Class A misdemeanor and a $3,000 bail bond. It can be enhanced to a state jail felony if there was an intention to harm someone else. September 1, 2011. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. When that happens, the bail bond amount will be enhanced (meaning higher) as well. Factors that can raise the amount of bail include: Courts can deny bail in some cases, often involving serious charges. 17.033. And if it is committed against a peace officer, it can be enhanced to a state jail felony, with a bail bond of up to $10K. 4, eff. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. September 1, 2021. Those bail bond amounts can range from $15K-$50K. The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. (2) the sheriff of the county where the defendant resides. The heinous nature against a child victim will have a bail bond amount as high as $500K. Amended by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. 1047, Sec. 1, eff. 1276, Sec. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and. TRAINING ON DUTIES REGARDING BAIL. DUI arrests don't always lead to convictions in court. Subsec. This offense is when someone is forcing another person to participate in prostitution against their will, involving a victim, and is considered to be morally wrong. When it comes to common crimesfor example, shoplifting or reckless drivingthe police sometimes use preset bail schedules. September 1, 2007. Depending on the value of the claim, this charge can go all the way up to a 1st Degree Felony (with every other charge in between). SURETY MAY OBTAIN A WARRANT. 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. Sept. 1, 1995; Subsecs. The bail bond amount can range from $1,000-$5,000. (3) prohibiting the release of the information to the defendant. A bail bond amount for this charge will be closer to $3,000-$5,000. Art. EFFECT OF WITNESS BOND. This bail bond amount can be upwards of $500K. The bail bond amount will be closer to $10K for a 3rd-degree offense. September 1, 2021. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. The bail bond amount can range from $1,000-$3,000.Enhanced Convicted two or more times or computer is owned by the government or critical infrastructure State Jail Felony. September 1, 2017. Bail is generally higher for felonies than for misdemeanors. 942, Sec. 722. 1070), Sec. Sept. 1, 1995. 3, eff. 2767), Sec. Art. Jan. 1, 2002. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. Art. 23, Sec. 910), Sec. (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. (e) In this article, a person is considered to have been convicted of an offense if: (2) the person is placed on community supervision or receives deferred adjudication; or. The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. WITNESS MAY BE COMMITTED. 2021, posting bail in Texas is going to be a lot more complicated. Before you run to the jail or courthouse to bail out your family member or friend, find out how much the bail is set at and the options for paying it. The court will likely issue a bench warrant for the persons arrest. 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. 3. 950 (S.B. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. 56), Sec. Art. 736 (H.B. (b), (c) amended by Acts 1997, 75th Leg., ch. June 14, 1995. 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. The power to require bail is not to be used to make bail an instrument of oppression. Acts 2021, 87th Leg., 2nd C.S., Ch. (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. 2, p. 317, Ch. June 17, 2011. 2, eff. (d) amended by Acts 2003, 78th Leg., ch. 5. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. September 1, 2019. Sept. 1, 2003. 1064 (H.B. 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. 17.34. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. The bail bond amount can range from $1,000-$5,000. The bail bond amount for that will be closer to $50K. (b) A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, 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. 3, eff. 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. 1, eff. (h) The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. 17.30. 3165), Sec. Acts 2011, 82nd Leg., R.S., Ch. (k) A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter. 807 (H.B. 2, eff. Added by Acts 2021, 87th Leg., R.S., Ch. With victims involved and being morally reprehensible, the bail bond amount can be as high as $500K. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. 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. Definitely recommend! Acts 2011, 82nd Leg., R.S., Ch. (2) Section 25.02 (Prohibited Sexual Conduct). Subsec. 12.22 of the Texas Criminal Penal code states, An individual convicted of a Class B misdemeanor shall be punished by:(1) a fine not to exceed $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. Bail bond amounts for a Class B misdemeanor can range from $100-$8K depending on the offense. 232 (H.B. 1276 (H.B. January 1, 2022. Art. September 1, 2013. Art. 4, eff. 346), Sec. 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. 1823), Sec. 2.01, eff. 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. 3. September 1, 2017. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. Then the bail bond amount ranges from $1,000-$3,000. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). 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. Art. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Art. After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that: (1) the order as originally issued is unworkable; (2) the modification will not place the victim of the offense at greater risk than did the original order; and. Being arrested for a crime does not necessarily mean you will be convicted. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. September 1, 2009. March 19, 1993. September 1, 2021. (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. Added by Acts 1995, 74th Leg., ch. Let's review some of the basics. 45, eff. 1276 (H.B. The bail bond amount could range from $10K-$30K depending on the level of the charge. (j) The magistrate may enter an order or take other action authorized by Article 16.22 with respect to a defendant who does not appear capable of executing an affidavit under Subsection (f). If you are charged with a Class C offense, the maximum punishment is a fine, so your court appearance (or missing it) is punishable by a fine only as well. As you already know, just because the uncle dropped the charges, the State is the only one that can drop the charges. September 1, 2015. September 1, 2017. Because these offenses have a victim involved and are considered to be morally wrong, the bail amounts will be closer to the higher end of the spectrum. Sept. 1, 2001; Subsecs. January 1, 2008. 11 (S.B. 2, eff. According to Sec. September 1, 2011. 877), Sec. 1070), Sec. 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. (3) demand surrender of the suspended license from the license holder. January 1, 2022. 5, eff. December 2, 2021. Such affidavit shall be filed with the papers of the proceedings. 1, eff. 17.40. It is enhanced to a 3rd-degree felony when someone has been convicted two or more times or violated the order by committing an assault. The bail bond amount for this charge can be upwards of $50K. The bail bond amount can range from $1,000-$3,000. They were so pleasant and knowledgeable when I contacted them. 3. (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. 424, Sec. SHALL CERTIFY PROCEEDINGS. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. The bail bond amount for this can range from $15K-$50K. Subsecs. 1, eff. Added by Acts 2001, 77th Leg., ch. December 2, 2021. 770 (H.B. 584), Sec. So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. Assault with a firearm is often around $50,000. Acts 2015, 84th Leg., R.S., Ch. 17.032. If it is not posted, he or she will most likely remain in custody while awaiting trial. The review may be conducted by the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. In those cases, the defendant can walk out of the police station after paying the scheduled amounta sequence sometimes referred to as "catch and release." Sept. 1, 2001. Acts 2019, 86th Leg., R.S., Ch. Art. 1070), Sec. (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 2017, 85th Leg., R.S., Ch. Depending on the amount of monetary loss, this offense can go up to a 1st-degree felony (with every charge in between). 2, eff. (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. Art. Amended by Acts 1989, 71st Leg., ch. Third-degree felony: Up to 10 years in prison, fine of up to $10,000. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. Art. Subsec. 1113 (H.B. The bail bond amount can range from $1,000-$3,000. Art. 6), Sec. June 17, 2011. 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). Art. Acts 2005, 79th Leg., Ch. September 1, 2009. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. RELEASE ON PERSONAL BOND. 2. (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. Bail is the amount of money that defendants have to post in order to stay home during their trial.1 Those who do not post bail will have to wait for their trial behind bars. Acts 2017, 85th Leg., R.S., Ch. REPORTING OF CONDITIONS. 17.293. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. Added by Acts 1989, 71st Leg., ch. 351), Sec. 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.
