11 (S.B. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. 2, p. 317, ch. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. . (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. Shouse Law Group has wonderful customer service. On top of that, if you violated a restraining order, bail could go $10,000 or $20,000 higher. 112), Sec. Amended by Acts 1995, 74th Leg., ch. (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense involving family violence; or. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. Sept. 1, 1989; Sec. 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). (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. It could be as low as a $0 bail bond as 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. 1276 (H.B. (3) demand surrender of the suspended license from the license holder. I am without means to pay ______ and I hereby request that an appropriate bail be set. This offense can be enhanced depending on the drug and the number of drugs. Per Sec. The Office of Court Administration of the Texas Judicial System shall develop statewide procedures and prescribe forms to be used by a court to facilitate: (1) the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS ORDER. Acts 2015, 84th Leg., R.S., Ch. 110, Sec. Sept. 1, 1989. 3, eff. 374, Sec. Burglarizing a vehicle is a serious offense that can have a bail bond amount ranging from $5,000-$7,000. Acts 2007, 80th Leg., R.S., Ch. The next level of felony offenses is classified as a 2nd-degree felony. (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. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 5, eff. September 1, 2011. 2. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. (c) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. Acts 2009, 81st Leg., R.S., Ch. 2, eff. Added by Acts 2005, 79th Leg., Ch. (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. Acts 2007, 80th Leg., R.S., Ch. 1070), Sec. When this offense is a 3rd-degree felony charge, the bail bond amount will be closer to $20K. They're upset and want you to bail them out right away. Subsec. While this charge as a state jail felony could put the bail bond amount of upwards of $10K, depending on the value of the funds, it can be enhanced to a 3rd, 2nd, or 1st-degree felony. 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. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 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. (a), (b) amended by Acts 1997, 75th Leg., ch. (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. This charge could have a bail bond amount up to $10K because a victim is involved. 1, eff. The punishment according to Sec. 1006, Sec. 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. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 5(a), eff. Severe offenses often lead to high bail requirements. 17.05. Acts 2011, 82nd Leg., R.S., Ch. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. 346), Sec. 1178), Sec. When such bond is so given and approved, the defendant shall be released from custody. Acts 2017, 85th Leg., R.S., Ch. This charge is enhanced to a 3rd-degree felony when the coercion is a threat to commit a felony. After the hearing in-front of the judge the cost of the bail will be determined. 298, Sec. 671 (S.B. (i) If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full. September 1, 2017. If a drug offense takes place in a drug-free zone, that will make your charge one level higher than it normally would be. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. PERSONAL BOND. 593 (H.B. (3) denied bail in accordance with the Texas Constitution and other law. The bail bond amount can range from $5,000 to $250,000, depending on the county. Amended by Acts 1987, 70th Leg., ch. (b) amended by Acts 1997, 75th Leg., ch. The lowest level of felonies is a state jail felony. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. Copyright 2023 Shouse Law Group, A.P.C. It is a 2nd-degree felony when someone engages with a person under 18. The schedule sets recommended amounts for bail for each type of criminal offense. 17.025. A capital felony includes espionage, treason, or premeditated murder. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. Art. It's also important to consider that, regardless of the outcome, your money or collateral could be tied up for weeks, months, or even years while the case moves through court. The power to require bail is not to be used to make bail an instrument of oppression. 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. 1, eff. 110 (S.B. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. 76, Sec. (f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. September 1, 2017. 17.31. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. They can wait for trial at home. September 1, 2007. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. 1276, Sec. 2, eff. The bail bond amount can range from $1,000-$5,000. (a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. 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. Art. 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. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. Assault with a firearm is often around $50,000. 6(a), eff. 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. As local officials shrink jail populations due to coronavirus, Texas Gov. (b) This article may not be construed to extend any deadline provided by Article 15.17. 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. This bail bond amount will be closer to $10K in that case. 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 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. 7.002(e), eff. 17.091. (a) amended by Acts 2003, 78th Leg., ch. 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. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. The range for bail cost on a Hit and Run is $5,000-$10,000 but can be up to $50,000 in some states if death occurs as a result of the hit and run. The heinous nature against a child victim will have a bail bond amount as high as $500K. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Acts 2011, 82nd Leg., R.S., Ch. Art. The bail bond amount for a 2nd-degree felony can range from $15K-$50K. 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. 5, eff. (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. (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). September 1, 2021. Bail Bond Calculator - How Much of A Jail Bond Will You Pay. 769 (H.B. The bail bond amount could be upwards of $5,000. Sept. 1, 1987. 1576), Sec. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. (c-1) In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order. WHEN READY TO GIVE BAIL. 2.09, eff. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. This form is encrypted and protected by attorney-client confidentiality. Cole's public defender had argued for release on his own recognizance without setting bail while prosecutors asked for $3,000, records showed. 2, Sec. 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. 4.01, eff. Criminal homicide can include the following charges: Murder, Capital Murder, Manslaughter, or Criminally Negligent Homicide, These are the worst offenses that someone can commit. Then the bail bond amount can range from $10K-$20K. June 17, 2011. 2, eff. 14, eff. Felony. 1, eff. art. (2) the use or exhibition of a deadly weapon during the commission of an assault. 4, eff. 936 (S.B. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. 1005), Sec. 654 (H.B. 11 (S.B. (c) amended by Acts 2003, 78th Leg., ch. (b) In addition to confinement, an individual convicted of a state jail felony may be punished by a fine not to exceed $10,000. The bail bond amounts for a state jail felony range from $3,000-$10K. 5, 6 added by Acts 1995, 74th Leg., ch. (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. Acts 1965, 59th Leg., vol. (d) added by Acts 2003, 78th Leg., ch. Art. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. 3, eff. Booking involves recording the suspect's information, fingerprinting, taking mug shots, and checking for, After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent, If the defendant is not offered a chance to pay a scheduled bail payment (or chooses not to pay), the defendant must wait in jail (or a holding cell at the police station) until a court hearing is held. 243 (S.B. (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. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. December 2, 2021. September 1, 2017. 2299), Sec. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. (2) in compliance with the training requirements of Article 17.024. (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. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. The purpose of bail is not to punish the defendant. 2182), Sec. Acts 2017, 85th Leg., R.S., Ch. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. Federal and state laws differ as to when judges have the discretion not to grant bail. September 1, 2009. This is a heinous offense committed against someone else. Acts 2005, 79th Leg., Ch. Written by Eric Torberson in Criminal Defense Bail for DWI in Texas depends on the level of the offense just like any other charge. Bail can also be reduced if the defendant has already spent enough time in jail awaiting trial.2. 17.13. The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner. Sec. Sept. 1, 2003. RULES APPLICABLE TO ALL CASES OF BAIL. This charge is enhanced to a state jail felony when someone is convicted two or more times. 1, eff. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. However, the terms of pre-trial release can be stricter for PR bonds. June 20, 2003. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. If the defendant fails to appear when required, the bail bond company loses the full amount of the bail. 3, eff. SHALL CERTIFY PROCEEDINGS. (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. 6), Sec. Sec. 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