This bail bond amount will be closer to $10K in that case. Copyright 2023 Shouse Law Group, A.P.C. 17.091. This egregious charge involving a victim or victims will have a bail bond amount closer to $500K. 659, Sec. It's the middle of the night and you get a call from a friend or loved one who has been arrested. Added by Acts 1989, 71st Leg., ch. 6), Sec. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. (c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. A state jail felony bail bond, in this case, can be closer to $10K. 5. 14, Sec. 2.05, eff. Typically a Class B DWI first charge is about $2,000 surety bond. 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. Art. June 16, 1991. This charge will have a bail bond amount closer to $50K. Art. 374, Sec. Aug. 28, 1967. EFFECT OF WITNESS BOND. Aggravated robbery is when a robbery is committed and the defendant uses or exhibits a deadly weapon, or they cause bodily injury or threatens injury or death. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. Trafficking of persons is a very serious charge that can have multiple victims involved. 3, eff. 5, eff. (B) involves violence directed against a peace officer. 17.153. Acts 2015, 84th Leg., R.S., Ch. The bail bond amount can range from $1,000-$3,000. September 1, 2011. However, if you used a bond company, its 10% premium is nonrefundable. There are various factors that influence the decision of the judge when setting the total bail bond amount. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. (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. The highest level of an offense that someone can be charged with is a 1st-degree felony. 17.51. Cole served nearly 23 years in prison and was released in 2017 on a charge of aggravated assault with a deadly weapon, officials in Texas . This is a morally wrong offense with an alleged victim. If the magistrate does not set the defendant's bail in an amount below the amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of fact supporting the bail decision. 950 (S.B. Art. (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. Because this offense is morally wrong and involves a victim, the bail bond amount could be closer to $10K. CHARITABLE BAIL ORGANIZATIONS. Sept. 1, 2001. 4, eff. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. Sec. 3, eff. September 1, 2021. Because there is no physical victim, the bail bond amount will probably be closer to $3,000. Acts 2011, 82nd Leg., R.S., Ch. The bail bond amount can range from $1,000-$3,000. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. A bail bond amount for this offense can be closer to $15K. 17.026. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. 2.02, eff. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. Art. The amount of bail for assault may be as little as $2,500 and as high as $1,000,000 if the assault was committed with the intent of a much more serious violent crime such as first-degree murder. 942, Sec. (b) In addition to imprisonment, an individual convicted of a felony of the second degree may be punished by a fine not to exceed $10,000. Bail bond amounts for a 2nd-degree felony can range from $15K-$50K. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. 1263 (H.B. Art. 4), Sec. For assault with a deadly weapon, the bail is often around $25,000. Art. (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 disadvantage is that the defendant or defense attorney might convince the judge at a hearing to reduce or waive the bail amount entirely (which can save a lot of money). 284(45), eff. Sec. Sept. 1, 1994. A bail bond amount for this charge will be closer to $3,000-$5,000. It is enhanced to a 2nd degree if someone has been previously convicted, with a bail bond amount closer to $50K. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 6. (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. Renumbered from Vernon's Ann.C.C.P. Sept. 1, 1987. 1, eff. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. January 1, 2020. 12.35 of the Texas Criminal Penal Code states, an individual convicted of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. (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. June 8, 1971. The bail bond amount in this case will range from $10K-$20K. 2, eff. This serious charge can come with a bail bond amount upwards of $10K. (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. 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. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. 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. (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. 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.". (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. 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. (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. 1352 (S.B. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. 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. 6), Sec. (2) the sheriff of the county where the defendant resides. June 17, 2011. PUBLIC SAFETY REPORT SYSTEM. 514, Sec. It can become enhanced to a Class A misdemeanor when committed against a member of your family or household, or if it is committed against a public servant. (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or, (C) a judge or justice serving under Chapter 74, Government Code; and. Aug. 29, 1977. Sept. 1, 1995; Subsecs. Acts 2017, 85th Leg., R.S., Ch. 936 (S.B. 1275, Sec. The bail bond amount in this case is going to be higher, closer to $7,000. June 17, 2011. 17.30. 3. The punishment according to Sec.12.21 of the Texas Criminal Penal Code states, An individual convicted of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. December 2, 2021. 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. SUFFICIENCY OF SURETIES ASCERTAINED. In return for paying a nonrefundable fee, a bail bond company agrees to put up the full amount of the bail. 4, eff. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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 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. Art. REQUEST SETTING OF BAIL. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. Let's give you an example of a bail bond amount. December 2, 2021. How Much is Bail for DWI in Texas? It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. 10(a), eff. Subsec. 17.47. The witness in this case is part of an already pending case. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. If the defendant is charged with a felony, that it state that he is charged with a felony. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. 17.45. 1823), Sec. 1352 (S.B. 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. Acts 2019, 86th Leg., R.S., Ch. 7, eff. 3751), Sec. Art. Art. And it will go after you and your collateral to get back the money it paid to the court. If a victim suffers bodily injury, the penalty increases to a class A misdemeanor. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. 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. This offense can be enhanced depending on the value of the property stolen, going all the way up to a 1st-degree felony (with every charge in between). January 1, 2008. It is enhanced to a 1st degree if engaged with a person under 18, with a bail bond amount closer to $100K. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2007. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. 34 (S.B. 1, Sec. June 20, 1987. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. If a drug offense takes place in a drug-free zone, that will make your charge one level higher than it normally would be. According to Title 1, Art. September 1, 2017. 736 (H.B. 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. While many offenses may start out at a certain level, there could be some factors that would make it a higher charge, which is known as an offense being enhanced. 882), Sec. (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. 17.52. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. (Tex. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. Sept. 1, 1989; Subsec. June 17, 2011. January 1, 2020. Added by Acts 2009, 81st Leg., R.S., 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). 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. 599), Sec. 593 (H.B. (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. 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. This charge is enhanced to a 3rd-degree felony when it is on a website or social networking site, putting the bail bond closer to $10K. 1, eff. 1, eff. 17.152. 505 N Frazier St. Conroe , TX. (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. Sept. 1, 1991; Subsec. January 1, 2022. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. Art. September 1, 2015. 4. Amended by Acts 1987, 70th Leg., ch. 17.022. Acts 1965, 59th Leg., vol. Courts can even release defendants on personal recognizance. (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. A DWI is enhanced to a 3rd-degree felony when someone has been convicted of a DWI two or more times. The prosecutor will argue that it should stay the same. 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. (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. June 17, 2011. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 1, eff. The bail bond amount for a State Jail Felony can range from $3000-$8000. January 1, 2020. 2.04, eff. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. (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. Subsec. 9, eff. Sec. (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. (2) a two-hour continuing education course. 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. 1506, Sec. 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. (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. 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