Acts 2007, 80th Leg., R.S., Ch. Criminal homicide can include the following charges: Murder, Capital Murder, Manslaughter, or Criminally Negligent Homicide, These are the worst offenses that someone can commit. 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. 17.032. There are additional financial costs and risks if you use a bail bond service. (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. The bail bond amount can range from $3,000-$7,000. 2, eff. 1412, Sec. 3. The defendant does not get the premium back, though. The bail bond in this instance would range from $15K-$50K. PERSONAL BOND. If someone dies, it becomes a 2nd-degree felony, with a minimum bail bond of $20K. 17.40. Sec. 785, Sec. Someone who exposes themself purposely in front of someone is a different story. The bail bond amount for this can range from $15K-$50K. Every defendant who is releasedwith or without paying bailmust agree to return for scheduled trial and hearing dates, as well as to abide by certain conditions while awaiting trial, or risk being rearrested. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. 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. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. 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. (a) amended by Acts 1995, 74th Leg., ch. 17.465. September 1, 2005. 122 (H.B. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 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. Acts 2009, 81st Leg., R.S., Ch. Jan. 28, 1997. It's also critical to understand that you do not get bail money back, specifically the 10% bail fee back from the bondsman. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 3.01, eff. Sec. How Much is Bail for DWI in Texas? It will automatically become enhanced to a Class B misdemeanor when that happens. (3) the modification will not in any way endanger a person protected under the order. Art. 17.08. Choi's ex-husband, his father and his brother have been arrested and charged with . 1068), Sec. This charge could have a bail bond amount up to $10K because a victim is involved. 284(46), eff. Starting December 2. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. (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. (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. Depending on the amount of monetary loss, this offense can go up to a 1st-degree felony (with every charge in between). A bail bond amount for this offense can be closer to $15K. Art. 17.51. Deadly conduct is a serious charge that can have a bail bond amount in the $5,000 range. Acts 2009, 81st Leg., R.S., Ch. This serious charge can come with a bail bond amount upwards of $10K. This offense can be enhanced to a 3rd, 2nd, or 1st-degree felony depending on what the drug is and the amount. Sept. 1, 1995. Art. 1, eff. Acts 2005, 79th Leg., Ch. 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. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. 942, 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. With felony charges, bail will be substantially higher (of course). If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. Call and tell us your situation. 2, p. 317, ch. 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. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. It will not be returned when the case ends. 17.141. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. Sec. Jan. 28, 1997. 3.08, eff. Class A misdemeanor bail bond amounts can range from $3,000-$15K depending on the offense. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. 4), Sec. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. Sept. 1, 1985. Acts 2021, 87th Leg., R.S., Ch. Those bail bond amounts can range from $15K-$50K. This charge is enhanced to a 3rd-degree felony when a weapon is involved. 965), Sec. September 1, 2009. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. art. Defendants who post bail and then miss a court date forfeit their bail money. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. 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. 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 . 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. This charge is enhanced when someone discharges a firearm at someone, making it a 3rd-degree felony. A personal bond may be taken of a witness by the court before whom the case is pending. (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. The bail bond amount range for a 3rd-degree felony is $10K-$20K. 1, eff. 1, eff. Art. September 1, 2017. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. Depending on the aggregate amount involved, this offense can be enhanced and go all the way up to a 1st-degree felony (with every other charge in between). Acts 2021, 87th Leg., 2nd C.S., Ch. September 1, 2017. (c) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. January 1, 2008. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1, eff. (2) current on all filings required by the Internal Revenue Code. (i) amended by Acts 1999, 76th Leg., ch. CHARITABLE BAIL ORGANIZATIONS. 17.23. They're upset and want you to bail them out right away. Sept. 1, 1994. 1, eff. 1064 (H.B. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. If the defendant makes all of their court dates, the company gets their money back. Robbery is a morally wrong offense. 623, Sec. 930 (H.B. Each court has its own bond schedule. 122 (H.B. (d) amended by Acts 2003, 78th Leg., ch. IN CASE OF NO ARREST. 1506), Sec. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. They were so pleasant and knowledgeable when I contacted them. These can be for capital felonies like murder. Sept. 1, 1991; Subsec. POSTTRIAL ACTIONS. (a) Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year. 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. 7.002(e), eff. 17.081. A bail bond amount for this charge can go up to $10K because a victim is involved, and it is morally wrong. Amended by Acts 1987, 70th Leg., ch. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. (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. 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. 6), Sec. Lawsuits for Dangerous Drugs & Medical Devices. 11, eff. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. or a release on own recognizance). Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 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). (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. Acts 2011, 82nd Leg., R.S., Ch. With victims involved and being morally reprehensible, the bail bond amount can be as high as $500K. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. Added by Acts 2007, 80th Leg., R.S., Ch. So if possession of a controlled substance is normally a Class A misdemeanor, allegedly committing the offense in a drug-free zone would automatically bump it up to a state jail felony. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Acts 2011, 82nd Leg., R.S., Ch. Lic.# 0022. And it will go after you and your collateral to get back the money it paid to the court. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. 1, eff. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. Art. January 1, 2017. 2, eff. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 1276 (H.B. 17.29. 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