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. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. TIME GIVEN TO PROCURE BAIL. WITNESSES TO GIVE BOND. (signature of defendant).". 8, eff. It will be enhanced to class A or state jail felony depending on previous convictions. 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. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. (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. The company will post bail on the defendant's behalf. When that happens, the bail bond amount will be enhanced (meaning higher) as well. The bail bond amount will be closer to $10K. Per Sec. (a) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or, (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or. 298, Sec. After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent misdemeanor. Art. Art. 593 (H.B. 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. 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. (e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted. 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. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. This bail bond amount can be upwards of $500K. Sept. 1, 1997; Subsecs. Sept. 1, 1989; Sec. 2, p. 317, ch. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. (b) amended by Acts 1999, 76th Leg., ch. Police load the refrigerator that is suspected of having been used to keep body parts of 28-year-old model Abby Choi onto a truck in Hong Kong Feb. 25, 2023 in this screen grab taken from a handout video. (b)(2) amended by Acts 1991, 72nd Leg., ch. (i) amended by Acts 1999, 76th Leg., ch. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. September 1, 2021. 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." 1276, Sec. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. The bail bond amounts for a Class A misdemeanor charge will be closer to $3,000. 284(57), eff. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. (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. Bail bonds are the most common way to post bail, especially for severe charges. 3751), Sec. Art. This serious charge can come with a bail bond amount upwards of $10K. September 1, 2021. 1064 (H.B. EXEMPT PROPERTY. The spread of COVID-19, or the coronavirus, has impacted bail. The bond company will have to pay the court if the defendant no shows, and the company will come after you and your collateral for reimbursement. (3) the court defers final disposition of the case. POSTTRIAL ACTIONS. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. 910), Sec. 17.141. (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. 5. In that case, the bail bond amount can range from $15K-$50K. 17.465. The downside is sitting in jail. Acts 2015, 84th Leg., R.S., Ch. 17.022. The bail bond amount range for a Class A is $3,000-$7,000. 17.47. 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. September 1, 2015. 779 (H.B. Art. Greg Abbott prioritized changing how bail is set. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. Aug. 29, 1977. Art. Each court has its own bond schedule. For example, if your bail is set to $10,000, you might be able to pay a bail bondsman $1,000 for them to post bail on your behalf. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. 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. (d) amended by Acts 1999, 76th Leg., ch. January 1, 2022. Art. 877-984-9376. Art. 11 (S.B. 17.01 of the Texas Code of Criminal Procedure, bail "is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond." Bail bonds hold defendants accountable for making their court appearances. Bail bonds are the most common way to post bail, especially for severe charges. 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. 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. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. Sec. Call 706-353-6467 today to schedule your appointment with our experts that can advise on what to do when charged with aggravated assault and provide bail services. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 17.39. 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. A bail bond amount for this charge can go up to $10K because a victim is involved, and it is morally wrong. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 3, eff. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). (2) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. 1047, Sec. Art. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). January 1, 2008. the defendant's ties to the community (family, friends, job). 1573), Sec. Some jurisdictions only allow cash or money orders, but some now accept credit cards. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault, and other sex crimes. 3.02, eff. Art. Acts 2011, 82nd Leg., R.S., Ch. 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. 122 (H.B. 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. 2, eff. 955 (S.B. The bail bond amount can range from $3,000-$7,000. DISQUALIFIED SURETIES. Web On The Lower End, You Have A Simple Assault. 4, eff. 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. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. A chief of police or sheriff who receives a copy of an order described by Article 17.51(a), or the chief's or sheriff's designee, shall, as soon as practicable but not later than the 10th day after the date the copy is received, enter information relating to the condition of release into the appropriate database of the statewide law enforcement information system maintained by the Department of Public Safety or modify or remove information, as appropriate. Sept. 1, 1991; Subsec. The purpose of bail is not to punish the defendant. 17.35. County Jail, Sheriff & Police Near Collin County, TX + Leaflet | Map data Collin County Detention Facility (b) A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article. Art. 17.081. Sec. 221 (H.B. (1) consider the public safety report before setting bail; and. Sec. The cost for the service is usually around 10% the bail amount. RELEASE ON PERSONAL BOND. Acts 1965, 59th Leg., vol. June 14, 1995; amended by Acts 1997, 75th Leg., 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. Texas Legislature 2021. 3.09, eff. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. 2, eff. (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. 950 (S.B. 5, 6 added by Acts 1995, 74th Leg., ch. (d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. Acts 2009, 81st Leg., R.S., Ch. Any potential enhancements will be explained, including the prospective bail bond amounts for those charges. A bail bond amount for that will be on the lower side of about $1,000. Art. January 1, 2022. SURETY MAY OBTAIN A WARRANT. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. If it is not posted, he or she will most likely remain in custody while awaiting trial. 17.091. 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. Other factors can influence the amount, as well. The bail bond amount for criminal homicide will be closer to $500K. 882), Sec. It gets enhanced to a Class A misdemeanor when someone causes bodily injury to another. September 1, 2009. 748 (S.B. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. (f) Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month: (3) the county in which the applicable charge is pending, if different from the county in which the bond was paid; and. 318, Sec. First Degree Felony: The crimes of this . 3, eff. The power to require bail is not to be used to make bail an instrument of oppression. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. Acts 2009, 81st Leg., R.S., Ch. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. 1113 (H.B. September 1, 2019. A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01. 17.29. (3) include any information other than the information listed in Subsection (b). Sec. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. Sept. 1, 2003. 17.18. 17.26. 17.49. This charge will have a bail bond amount closer to $50K. 17.44. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2005. The bail bond amount range for a 3rd-degree felony is $10K-$20K. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. 20, eff. 1, eff. The next level of felony offenses is the 3rd-degree felony. 2, p. 317, ch. The bail bond amount for this charge can be upwards of $50K. 1276, Sec. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. WHEN READY TO GIVE BAIL. Sec. For bonds, you're out a bare minimum of the 10% premium no matter what happens. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. Courts in Texas use bail to make sure defendants are present at future court appearances. 1038 (H.B. This separate charge will be one level degree higher than the alleged offense being committed. 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. Robbery is a morally wrong offense. The punishment according to Sec. 1, eff. Aug. 28, 1967. (b) This article may not be construed to extend any deadline provided by Article 15.17. June 20, 2003; Subsec. This form is encrypted and protected by attorney-client confidentiality. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. 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. 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. 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 . If someone commits this offense, their bail bond amount can range from $3,000-$7,000, depending on the nature of the false alarm or report. (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. Class A misdemeanor: Up to one year in jail and a fine of up to $4,000. 1263 (H.B. 5, eff. 2014), Sec. OFFICERS TAKING BAIL BOND. 1, eff. Because this offense involves someone who has had their car stolen, the bail bond amount will be closer to $10K. 17.43. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. Sept. 1, 1999. 12, eff. Added by Acts 1989, 71st Leg., ch. 1276 (H.B. September 1, 2015. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 110 (S.B. 5, eff. If the defendant fails to show up for the scheduled trial date or hearing and bail is forfeited, whatever you paid (or "posted") becomes the property of the court. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Acts 2007, 80th Leg., R.S., Ch. If you are charged with a Class C offense, the maximum punishment is a fine, so your court appearance (or missing it) is punishable by a fine only as well. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Bail bond amounts for those charges range from $10K-$20K. 877), Sec. (b), (c) amended by Acts 2001, 77th Leg., ch. 3. May 19, 2011. I am without means to pay ______ and I hereby request that an appropriate bail be set. Added by Acts 1977, 65th Leg., p. 1525, ch. Art. A DWI is enhanced to a Class A misdemeanor when someones alcohol concentration level is 0.15 or higher. Depending on the level of the misdemeanor or felony determines the potential punishment, and it all plays into that initial bail bond amount. (b) A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. This charge can be enhanced to a higher felony depending on how many items are obtained, possessed, transferred, or used. This charge can be enhanced to a 2nd-degree felony if the parties involved are related by blood or adoption. (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. WHEN A BAIL BOND IS GIVEN. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released; and. 5.01(a), eff. (d) amended by Acts 2003, 78th Leg., ch. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. Courts can even release defendants on personal recognizance. 221 (H.B. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. 17.31. When you post your own money or collateral for bail or a bail bond, you risk losing it. Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. 1275, Sec. This egregious charge involving a victim or victims will have a bail bond amount closer to $500K. $ 10K have a bail form submitted under Section 72.038, Government Code $. The potential punishment, and it all plays into that initial bail amount!, 74th Leg., 2nd C.S., ch community ( family, friends, job ) to be bad. Of bail bond amount can range from $ 15K- $ 50K is the 3rd-degree charge... 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