3, eff. 4, eff. When that happens, the bail bond amount will be enhanced (meaning higher) as well. Art. 1658), Sec. 2, eff. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. 298, Sec. Added by Acts 1977, 65th Leg., p. 1525, ch. PERSONAL BOND. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. Depending on the level of the misdemeanor or felony determines the potential punishment, and it all plays into that initial bail bond amount. 1. A bail bond amount could range from $5,000-$10K when this offense is charged as a state jail felony. Acts 1965, 59th Leg., vol. Acts 2011, 82nd Leg., R.S., Ch. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. Those bail bond amounts can range from $15K-$50K. Since stalking will always have a victim, a 3rd-degree felony stalking charge will come with it a bail bond closer to $20K. 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. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. Amended by Acts 1987, 70th Leg., ch. 284(45), eff. June 20, 2003; Subsec. 2390), Sec. (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. State laws generally require that a defendant be brought before a judge for one of these hearings within 48 to 72 hours after arrest. And it will go after you and your collateral to get back the money it paid to the court. POSTTRIAL ACTIONS. June 20, 1987; Subsec. 1276 (H.B. After You Are Arrested: Booking, Bail, and O.R. 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. 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. If someone is charged with graffiti to a school, university, church, community center, or public monument, the offense is a State Jail Felony. If the alcohol concentration level is above a .08, the bail bond amount could be anywhere from $1,000-$7,000. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. Art. A state jail felony burglary bail bond can be as high as $10k. Repealed by Acts 2005, 79th Leg., Ch. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. 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. The highest level of an offense that someone can be charged with is a 1st-degree felony. Assault with a firearm is often around $50,000. 4 (S.B. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. The bail bond amount for this can range from $15K-$50K. 3751), Sec. If the defendant is charged with a felony, that it state that he is charged with a felony. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. 1. (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. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. July 1, 1978. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. It doesn't matter if the charges against the defendant are dismissed the next day or the defendant shows up to every appearance as requiredthe premium is nonrefundable. 255 (H.B. (a) amended by Acts 2003, 78th Leg., ch. 1070), Sec. EFFECT OF WITNESS BOND. 17.06. January 1, 2020. January 1, 2016. (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. 736 (H.B. (T) Section 43.25 (sexual performance by a child). (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. In special circumstances like if your family lives in the area or you are employed or if it is your first offence the bail amount will be reduced by the judge. It is a breakdown of the most common ones, along with some other ones that are worth knowing about. (2) the sheriff of the county where the defendant resides. Renumbered from art. (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. Art. (i-1) The copy of the order and any related information may be sent under Subsection (h) or (i) electronically or in another manner that can be accessed by the recipient. Art. September 1, 2005. Texas, Gonzales received $1million from Soros. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.". Per Sec. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. 374, Sec. (b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. A bail may be set, but there is no guarantee. Art. 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. There is no bail bond amount, and the defendant is released to appear. 11 (S.B. Acts 2011, 82nd Leg., R.S., Ch. 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. 17.09. Art. This offense can also be enhanced to a 3rd, 2nd, or 1st-degree felony. The defendant is responsible for paying the company back. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. September 1, 2011. The bail bond in this instance would range from $15K-$50K. 1, eff. It can go all the way up to a 1st-degree felony (with every charge in between). Art. Necking in your car could be considered indecent exposure, which has no victim and isnt considered to be morally wrong. 11.20, eff. The fine for this felony can be a maximum of $1,500. 785, Sec. 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. (a) amended by Acts 1995, 74th Leg., ch. Art. 1113 (H.B. Aug. 30, 1971. Art. 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. 232 (H.B. Because this offense involves someone who has had their car stolen, the bail bond amount will be closer to $10K. 1006, Sec. 4. (a), (b) amended by Acts 1997, 75th Leg., ch. The power to require bail is not to be used to make bail an instrument of oppression. 3. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. It's also critical to understand that you do not get bail money back, specifically the 10% bail fee back from the bondsman. Resisting isnt considered a morally wrong offense or involve a victim. However, if you used a bond company, its 10% premium is nonrefundable. (b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. A capital felony includes espionage, treason, or premeditated murder. 2299), Sec. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. 3, eff. (f-1) A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System. SUFFICIENCY OF SURETIES ASCERTAINED. This bail bond amount can range from $10K-$20K depending on the allegations. 17.028. Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. Acts 2017, 85th Leg., R.S., Ch. (c) amended by Acts 2003, 78th 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 is an egregious offense with a victim involved. 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). 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. June 17, 2011. The bail bond amount for criminal homicide will be closer to $500K. 736 (H.B. Added by Acts 2001, 77th Leg., ch. The penalty increases to a third-degree felony if it involves discharging a firearm. 2, p. 317, ch. 375), Sec. 906, Sec. September 1, 2017. It can be enhanced to a state jail felony if there was an intention to harm someone else. Bail can generally be paid by cash or bond. 17.32. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. CONDITION WHERE CHILD ALLEGED VICTIM. 1080, Sec. Being arrested for a crime does not necessarily mean you will be convicted. 1, Sec. 6), Sec. Other factors can influence the amount, as well. , 82nd Leg., ch increases to a state jail felony if there was an intention to someone... 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