(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. 4, eff. (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. (d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. The bail bond amount can range from $5,000 to $250,000, depending on the county. Once bail is posted, it can take a couple of hours for the jail to process the defendant's release. 1070), Sec. Starting December 2. SUFFICIENCY OF SURETIES ASCERTAINED. Sept. 1, 2003. Art. 17.13. (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. The amount of bail depends on the offense being charged and the court hearing the case. Let's give you an example of a bail bond amount. Art. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. September 1, 2015. July 1, 1978. 17.024. 766), Sec. The bail bond amount for a State Jail Felony can range from $3000-$8000. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. (2) the defendant, if no other person is able to produce a receipt for the funds. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. 3.09, eff. 6), Sec. 10, Sec. Art. If it is not posted, he or she will most likely remain in custody while awaiting trial. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. Deadly conduct is a serious charge that can have a bail bond amount in the $5,000 range. 2. This charge can be enhanced to a Class A misdemeanor depending on whether it is committed in a home or shelter center, or if the person carried a deadly weapon during the offense. Which is Worse Aggravated Assault or Battery? (e) In determining whether to deny release on bail under this article, the judge or magistrate may consider: (2) the nature and circumstances of the alleged offense; (3) the relationship between the accused and the victim, including the history of that relationship; (4) any criminal history of the accused; and. Robbery is a morally wrong offense. 17.031. 1, Sec. RULES FOR SETTING AMOUNT OF BAIL. Sept. 1, 1989; Subsec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. A bail may be set, but there is no guarantee. 1, eff. Added by Acts 1993, 73rd Leg., ch. If you can't afford that much bail, you might need to contact a bail bond agency to learn your options for securing a bond. 17.032. 17.26. Acts 1965, 59th Leg., vol. The reality of this offense is that it is only going to be charged in conjunction with a DWI. 11 (S.B. Lawsuits for Dangerous Drugs & Medical Devices. September 1, 2013. 722. (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. 374, Sec. January 1, 2020. The bail bond amount range for a Class A is $3,000-$7,000. 17.03. This separate charge will be one level degree higher than the alleged offense being committed. If someone is charged with graffiti to a school, university, church, community center, or public monument, the offense is a State Jail Felony. Other factors can influence the amount, as well. Art. (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. September 1, 2017. As a Class C misdemeanor, there is no bail bond amount, and the defendant is released to appear. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. If someone has a weapon near a school, this is going to be way more of a problem. Such affidavit shall be filed with the papers of the proceedings. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. defendants with underlying medical conditions, especially respiratory problems, and. 17.47. Art. Art. 17.0501. Shouse Law Group has wonderful customer service. 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). September 1, 2005. 736 (H.B. (a) amended by Acts 1999, 76th Leg., ch. Defendants who post bond have to abide by the conditions of their release. The bail bond amount could range from $30K-$500K for a 1st-degree felony. The schedule sets recommended amounts for bail for each type of criminal offense. (d) amended by Acts 2003, 78th Leg., ch. The affidavit must state: (1) the court and cause number of the case; (3) the offense with which the defendant is charged; (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. Sec. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. 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. (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. 748 (S.B. (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. Courts in Texas use bail to make sure defendants are present at future court appearances. Trafficking of persons is a very serious charge that can have multiple victims involved. 618, Sec. Bail bonds are the most common way to post bail, especially for severe charges. 2.01, eff. 877-984-9376. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. (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 charge is enhanced to a 3rd-degree felony when there has been a previous conviction or the charge is continuous violence (more than one alleged AFV in a year). To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound. A bail bond amount for this charge will be closer to $3,000-$5,000. 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. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended 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 if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. 3, eff. 17.46. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. Art. 17.52. In the Independent Monitor's second six month report (published March 3, 2021), Dr. Carmichael and researchers at Texas A&M University found significant decreases in the cost of bail incurred by Harris County communities. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. 1, eff. September 1, 2021. 737), 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 bail bond in this instance would range from $15K-$50K. 2, p. 317, ch. 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