(2) in compliance with the training requirements of Article 17.024. Acts 1965, 59th Leg., vol. 2, eff. 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. Art. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2017. 2, eff. 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. If the defendant fails to appear when required, the bail bond company loses the full amount of the bail. 737), Sec. 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. It will also be enhanced to a Class A misdemeanor when someone has previously been convicted of a DWI, and an Ignition Interlock Device will also be required. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. 942, Sec. 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. The premium can be between 10 and 20 percent of the bond amount. 17.03. Sept. 1, 1999. September 1, 2005. 6), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. September 1, 2019. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. 122 (H.B. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. Evading usually isnt considered a morally wrong offense or involve a victim. The key to getting someone out of jail usually involves paying bail. PUBLIC SAFETY REPORT SYSTEM. 10, Sec. If you are approached by a police officer, and they ask you to identify yourself and you do not, you could be charged with a Class C misdemeanor, and be released to appear. 1, eff. (c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest. 697, Sec. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. 1, eff. The bail bond amount for this 3rd-degree felony can range from $15K-$50K. When this offense is a Class A, the bail bond amount will probably be on the higher side of around $5,000-$7,000 because a victim is involved, and this is a morally wrong offense. That includes charges of physically touching the victim or issuing a threat. 2, eff. The company can take legal action against the defendant to recoup its losses. The bail bond amount will be closer to $10K for a 3rd-degree offense. Sept. 1, 1999. The bail bond amount can range from $3,000-$5,000. June 17, 2005. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. 374, Sec. 610, Sec. (a) A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate. If the defendant doesn't show up as planned, the money or property (yours or the defendant's) can be forfeited and the defendant is subject to arrest, again. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). the defendant's ties to the community (family, friends, job). (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. 942, Sec. 17.53. (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. This separate charge will be one level degree higher than the alleged offense being committed. 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). Texas Legislature 2021. 11 (S.B. (c) amended by Acts 2003, 78th Leg., ch. (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. (5) Section 43.05(a)(2) (Compelling Prostitution). 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. Sec. January 1, 2022. Sec. The bail bond amount can range from $10K-$20K. But having or requesting an attorney has its advantages. 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. Definitely recommend! Acts 2011, 82nd Leg., R.S., Ch. 5, 6 added by Acts 1995, 74th Leg., ch. Sept. 1, 1969. 3165), Sec. (e) A defendant who is denied bail or who is unable to give bail in the amount required by any bail schedule or standing order related to bail shall be provided with the warnings described by Article 15.17. 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. 807 (H.B. 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. (2) delivered to the office of the prosecuting attorney. 49), Sec. (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. Abbott blocks release of some inmates who cant pay bail. (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. GENERAL RULES APPLICABLE. 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. 3582), Sec. (d) The victim of the offense need not be present when the order for emergency protection is issued. WHEN SURRENDER IS MADE DURING TERM. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. The offense is enhanced to a 3rd-degree felony when it is committed against an elderly person, along with a bail bond amount up to $20K. 1350 (H.B. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 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. Acts 2017, 85th Leg., R.S., Ch. 661, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. The amount required to post bail can be reduced in a bail hearing. 1, eff. 324 (S.B. 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. 6, eff. 2, eff. 4, eff. Which is Worse Aggravated Assault or Battery? (4) the court that issued the order releasing the defendant on bond. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 194), Sec. 17.52. The bail bond amount for this charge can be upwards of $50K. Third-degree felony: Up to 10 years in prison, fine of up to $10,000. The amount of such expense shall be in addition to the principal amount specified in the bond. This charge will be enhanced to a Class A Misdemeanor when information obtained is transferred to a third party. (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. 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. Sec. September 1, 2009. You'll also need to provide collateral. 3, eff. Jan. 1, 2002. Someone who exposes themself purposely in front of someone is a different story. Lic.# 0022. 76, Sec. (b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. This form is encrypted and protected by attorney-client confidentiality. September 1, 2009. This subsection expires May 1, 2023. Sec. The bail bond amount can range from $1,000-$3,000. (b) amended by Acts 2003, 78th Leg., ch. TIME GIVEN TO PROCURE BAIL. Sept. 1, 1985. A 1st-degree felony bail bond amount can range from $30K-$500K. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 361 (S.B. 3, eff. Subsec. The cost for the service is usually around 10% the bail amount. (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. 743 (H.B. Acts 2015, 84th Leg., R.S., Ch. Art. (b), (c) amended by Acts 1997, 75th Leg., ch. 900, Sec. This offense can start as a Class A misdemeanor when someone allegedly alters a government record, with a bail bond amount of around $3,000-$5,000. The court will keep the money that was posted to secure a pre-trial release. Acts 2019, 86th Leg., R.S., Ch. 375), Sec. 11 (S.B. When defendants cannot make bail, they can call a bail bond company. According to Title 1, Art. 56), Sec. (5) the presiding judge or magistrate who authorized the personal bond. There is no bail bond amount in this case, and the defendant is released to appear for a court date. September 1, 2021. The bail bond amount for a State Jail Felony can range from $3000-$8000. 3, eff. (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. 2. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense: (A) is an offense involving violence as defined by Article 17.03; or. September 1, 2021. Art. 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. Added by Acts 2009, 81st Leg., R.S., Ch. On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j). Art. Sept. 1, 1989; Subsec. PROCEEDINGS WHEN BAIL IS GRANTED. 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. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. 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. 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. The bail bond amount will be closer to $10K. 5.01(a), eff. Any potential enhancements will be explained, including the prospective bail bond amounts for those charges. 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. 17.47. 2, eff. 4. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. Please note: Our firm only handles criminal and DUI cases, and only in California. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. ) ( Compelling Prostitution ) 10K- $ 20K any potential enhancements will be enhanced to a 2nd-degree felony ( a... 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