Art. 1412, Sec. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. 11 (S.B. Bail is generally higher for felonies than for misdemeanors. The review may be conducted by the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. A bail bond must contain the following requisites: 1. 16, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. Subsec. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. If an accident is involved, the bail bond will likely be increased, and it could range from $5,000-$8,000. May 23, 2015. Added by Acts 2001, 77th Leg., ch. RECORDS OF BAIL. 1, eff. June 20, 2003; Subsec. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. (d) 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. 420 (S.B. Art. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. 618, Sec. 1, eff. Art. 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. Art. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. In those cases, the defendant can walk out of the police station after paying the scheduled amounta sequence sometimes referred to as "catch and release." Let's review some of the basics. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 1913), Sec. It can become enhanced to a 3rd, 2nd, or 1st-degree felony depending on the number of items obtained, possessed, transferred, or used. What may not be so obvious is where these bail bond amounts come from and what they are based upon. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. 374, Sec. It can be charged as a 3rd, 2nd, or 1st-degree felony. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility. Added by Acts 1989, 71st Leg., ch. 736 (H.B. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. BAIL BOND CERTIFICATES. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. Web some will often ask, how much is bail for molestation charges in california? Art. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. 1276, Sec. 17.32. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. The amount of bail depends on the offense being charged and the court hearing the case. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. Subsec. 1, eff. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. If the alcohol concentration level is above a .08, the bail bond amount could be anywhere from $1,000-$7,000. The benefit of waiting is that the judge might reduce or waive the bail amount. 17.36. 318, Sec. Courts can also choose to release a defendant on personal recognizance. 1, eff. (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. Robbery - If a person is accused of using a deadly weapon or threatening or inflicting injury or death, they may be charged with aggravated robbery, and bail may be up to $500,000. Robbery is a morally wrong offense. 1341, Sec. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. 1070), Sec. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. The premium can be between 10 and 20 percent of the bond amount. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 4, eff. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 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. (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. 1352 (S.B. ACCUSED LIBERATED. The court will keep the money that was posted to secure a pre-trial release. 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. Acts 1965, 59th Leg., vol. When such bond is so given and approved, the defendant shall be released from custody. Because there is no physical victim, the bail bond amount will probably be closer to $3,000. 1070), Sec. 12.32 of the Texas Criminal Penal Code, the punishment range for a 1st-degree felony is as follows: (a) An individual convicted of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (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. 1488), Sec. This bail bond amount can range from $10K-$20K depending on the allegations. 6(a), eff. (d) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. September 1, 2017. Art. Because a victim or victims are involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. A bail bond amount for this charge will be closer to $3,000-$5,000. 1005), Sec. If it is not posted, he or she will most likely remain in custody while awaiting trial. (b) This article may not be construed to extend any deadline provided by Article 15.17. (2) delivered to the office of the prosecuting attorney. Criminal homicide can include the following charges: Murder, Capital Murder, Manslaughter, or Criminally Negligent Homicide, These are the worst offenses that someone can commit. 396, Sec. 768, Sec. 4, eff. This is also indecent exposure, and because this has a victim and is considered much more morally wrong, the bail bond amount will be higher, at about $3,000. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. 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. 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. This offense can be enhanced depending on the drug and the number of drugs. Those motions outline why bail should be lowered. (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. WHEN A BAIL BOND IS GIVEN. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. This is a morally bad offense that includes a victim. Sept. 1, 1997; Subsec. If someone has a weapon near a school, this is going to be way more of a problem. Severe offenses often lead to high bail requirements. A DWI Class B misdemeanor bail bond will range from $1,000-$3,000. 34 (S.B. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1070), Sec. Subsec. A bail bond amount could be up to $5K. Sept. 1, 1969. This year, Governor Greg Abbott signed a bill into law that is designed to keep those who have been arrested with a previous criminal record in jail awaiting court proceedings. 5, eff. Possession of a Concealed Weapon Bail Amount Added by Acts 1993, 73rd Leg., ch. (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. 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. 5.001, eff. The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. 1st-degree felonies have bail bond amounts that range from $30K$500K. So, how much is bail for assault in Texas? 1823), Sec. (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. Because this charge isnt considered to be morally bad, and there is no victim, this 2nd-degree felony bail bond amount will be closer to $15K. 255 (H.B. 17.28. Art. 2, eff. 437 (H.B. County Jail, Sheriff & Police Near Collin County, TX + Leaflet | Map data Collin County Detention Facility 17.01. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 17.49. September 1, 2005. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. (2) not operate any motor vehicle unless the vehicle is equipped with that device. Factors that can raise the amount of bail include: Courts can deny bail in some cases, often involving serious charges. 599), Sec. 17.291. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. (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. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. Sept. 1, 1999. 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. (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. However, the terms of pre-trial release can be stricter for PR bonds. This Class B offense can have a bail bond of upwards of $3,000 because it involves a victim, and it is morally wrong. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. (i) amended by Acts 1999, 76th Leg., ch. Art. 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. The court may waive the fee or assess a lesser fee if good cause is shown. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. the defendant's financial ability to pay bail. Aug. 30, 1971. It can be enhanced to a state jail felony depending on where the false emergency is reported, with a bail bond amount that could be increased to $10K. 17.23. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. A bail bond amount for this charge will be closer to $3,000-$5,000. Art. 2.09, eff. About Bail. Sept. 1, 1989; Subsec. (b), (c) amended by Acts 2001, 77th Leg., ch. 2, eff. Art. June 14, 2013. 11 (S.B. 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). 17.26. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. The . It is enhanced to a 2nd degree if someone has been previously convicted or if engaged with a person under 18, with a bail bond amount closer to $50K. 194), Sec. 108 (S.B. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 5, eff. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. (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. Visit our California DUI page to learn more. 17.091. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. There is no bail bond amount, and the defendant is released to appear. 11.20, eff. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. 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. 3, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. It will be enhanced to a 2nd or 1st-degree felony if the escape resulted in injury or a deadly weapon was used, with a bail bond amount upwards of $30K. 3, eff. 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). This state jail felony bail bond amount could be even higher. 17.44. 17.42 by Acts 1991, 72nd Leg., ch. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. Bail Bond Calculator - How Much of A Jail Bond Will You Pay. (b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. 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. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. 1, eff. The billionaire's DAs have stripped bail and theft laws, . 1, eff. In exchange for posting bail, the defendant pays the company a bail premium. (2) the defendant, if no other person is able to produce a receipt for the funds. When defendants cannot make bail, they can call a bail bond company. Sec. Art. 112), Sec. 2.02, eff. April 5, 2001. In return for paying a nonrefundable fee, a bail bond company agrees to put up the full amount of the bail. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. 1, eff. 12.34 of the Texas Criminal Penal Code, the punishment for a 3rd-degree felony states, (a) An individual convicted of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (Tex. A bail bond for a 1st-degree possession charge will likely be on the lower end of that range. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. (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. Sept. 1, 2003. The bail bond amount can range from $1,000-$3,000. The power to require bail is not to be used to make bail an instrument of oppression. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 2017-2023 The Law Office of Tony Sun, Class C Misdemeanors, Enhancements, and Bail Bond Amounts, Possession of Alcoholic Beverage in a Motor Vehicle, Class B Misdemeanors, Enhancements, and Bail Bond Amounts, False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or jailer, Class A Misdemeanors, Enhancements, and Bail Bond Amounts, Interference With Emergency Request For Assistance, Cruelty To Livestock Animals/Non-Livestock Animals, Resisting Arrest, Search, Or Transportation, State Jail Felonies, Enhancements, and Bail Bond Amounts, Unauthorized Use Of A Motor Vehicle (UUMV), Injury To A Child, Elderly Individual, Or Disabled Individual, Manufacture Or Delivery Of Controlled Substance, 3rd Degree Felonies, Enhancements, and Bail Bond Amounts, Driving While Intoxicated With Child Passenger, Tampering With Or Fabricating Physical Evidence, 2nd Degree Felonies, Enhancements, and Bail Bond Amounts, 1st Degree Felonies, Enhancements, and Bail Bond Amounts, False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services, Unlawful Electronic Transmission Of Sexually Explicit Visual Material, Deceptive Preparation And Marketing Of Academic Product, False Identification As Peace Officer; Misrepresentation Of Property, Unauthorized Acquisition Or Transfer Of Certain Financial Information, Fraudulent, Substandard, Or Fictitious Degree, Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case, Discharge Of Firearm In Certain Municipalities, Burglary Of Coin-operated Or Coin Collection Machines, Hindering Proceedings By Disorderly Conduct, Possession, Manufacture, Or Distribution Of Certain Instruments Used To Commit Retail Theft, Gambling Promotion/ Keeping A Gambling Place, Fraudulent Use Or Possession Of Credit Card Or Debit Card Information, Fraudulent Use Or Possession Of Identifying Information, Delivery Or Offer Of Delivery Of Dangerous Drug, Unlawful Disclosure Or Promotion Of Intimate Visual Material, Indecency With A Child either defendant or child is exposed, Prohibited Substances And Items In Correctional Or Civil Commitment Facility, Exploitation Of Child, Elderly Individual, Or Disabled Individual, Improper Relationship Between Educator And Student, Continuous Sexual Abuse Of Young Child Or Children, Aggravated Promotion Of Prostitution / Compelling Prostitution, Tampering With Direct Recording Electronic Voting Machine. 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