January 1, 2020. (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. 8), Sec. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. (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. 298, Sec. WITNESS MAY BE COMMITTED. 1, eff. 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. (b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of: (2) the number of positions maintained for office staff; (3) the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and. Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. This charge is enhanced to a 3rd-degree felony if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 671 (S.B. This egregious charge involving a victim will have a bail bond amount closer to $500K. The next level of felony offenses is the 3rd-degree felony. They were so pleasant and knowledgeable when I contacted them. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with. The bail bond amount can range from $3,000-$7,000. 2, eff. 2. September 1, 2015. If the defendant accepts this option and pays bail, the defendant is released. (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. 17.085. June 20, 2003; Subsec. A state jail felony bail bond, in this case, can be closer to $10K. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. 3165), Sec. Evading usually isnt considered a morally wrong offense or involve a victim. The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner. 16, Sec. 3, eff. The premium can be between 10 and 20 percent of the bond amount. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. Art. (j) amended by Acts 2003, 78th Leg., ch. 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. At the hearing, the defense can present evidence that supports reducing bail. 6), Sec. 76, Sec. Added by Acts 1999, 76th Leg., ch. 351), Sec. Aug. 30, 1971. 346), Sec. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. 2.05, eff. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. (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. A 3rd-degree felony will have a bail bond of about $20K, a 2nd-degree felony of $50K, and a 1st-degree felony of $100K. December 2, 2021. Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000. A burglary charge will be enhanced to a 3rd-degree felony if the burglary takes place in a building where a controlled substance is generally stored. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. The bail bond amount could be upwards of $5,000. 785, Sec. Amended by Acts 1971, 62nd Leg., p. 3046, ch. 375), Sec. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. Sept. 1, 1989. It can be enhanced to a state jail felony if there was an intention to harm someone else. Bail amounts range from $5,000 to over $100,000 and even "no-bail" circumstances. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. (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. Per Sec. 1080, Sec. 2, eff. January 1, 2016. So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. 17.53. 17.293. (2) promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section. However, if you used a bond company, its 10% premium is nonrefundable. State laws generally require that a defendant be brought before a judge for one of these hearings within 48 to 72 hours after arrest. In 2016, the actual cost of bonds to individuals and their families in Harris County totaled $4.4 million. (j) An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order by the magistrate or the magistrate's designee in person or electronically. (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. 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. 722. There is no bail bond amount in this case, and the defendant is released to appear for a court date. If an accident is involved, the bail bond will likely be increased, and it could range from $5,000-$8,000. Sec. When that happens, the bail bond amount will be enhanced (meaning higher) as well. (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. (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. When defendants cannot make bail, they can call a bail bond company. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. Courts can also choose to release a defendant on personal recognizance. 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. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. 17.30. (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. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. Art. This offense is when someone is forcing another person to participate in prostitution against their will, involving a victim, and is considered to be morally wrong. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. (2) the use or exhibition of a deadly weapon during the commission of an assault. 1341, Sec. (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. DISQUALIFIED SURETIES. 722. 12.33 of the Texas Criminal Penal Code, the punishment for a 2nd-degree felony states that (a) An individual convicted of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. Federal and state laws differ as to when judges have the discretion not to grant bail. 1352 (S.B. release doesn't cost anything but isn't a free pass; it still comes with strings attached. Indecent exposure could mean a few different things. Sept. 1, 2003. Those motions outline why bail should be lowered. June 14, 1995; Acts 1995, 74th Leg., ch. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. The witness in this case is part of an already pending case. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Art. 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. 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. Art. 1st-degree felonies have bail bond amounts that range from $30K$500K. 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. 900, Sec. This bail bond amount can range from $10K-$20K depending on the allegations. Acts 2011, 82nd Leg., R.S., Ch. 1506), Sec. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. (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. For bonds, you're out a bare minimum of the 10% premium no matter what happens. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. 930 (H.B. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. Penal Code 12.21, 12.34, 22.05 (2022).) Defendants who have committed a capital crime or are considered a high flight risk might be denied bailthat is, these defendants will not be released after arrest and prior to trial. Art. The bail bond amount range for a Class A is $3,000-$7,000. If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. This bail bond amount can be upwards of $500K. (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. (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. the defendant's ties to the community (family, friends, job). 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. 278 (H.B. 375), Sec. (2) has been issued a certificate under Subsection (d) with respect to that county. Sept. 1, 1999. Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. (1) consider the public safety report before setting bail; and. September 1, 2017. (e) A defendant who is denied bail or who is unable to give bail in the amount required by any bail schedule or standing order related to bail shall be provided with the warnings described by Article 15.17. The bail bond amount could range from $30K-$500K for a 1st-degree felony. Depending on the amount of monetary loss, this offense can go up to a 1st-degree felony (with every charge in between). 17.47. If someone has a weapon near a school, this is going to be way more of a problem. 910), Sec. 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. 1, eff. 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. Jan. 28, 1997. 14, eff. 17.141. Trafficking of persons is a very serious charge that can have multiple victims involved. The bail bond amount can range from $3,000-$7,000. Some jurisdictions only allow cash or money orders, but some now accept credit cards. September 1, 2017. Sept. 1, 1989; Sec. 950 (S.B. Acts 2021, 87th Leg., 2nd C.S., Ch. And it will go after you and your collateral to get back the money it paid to the court. April 5, 2001. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). The punishment according to Sec. They can also release defendants for no bail, at all. The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. Sept. 1, 1999; Subsec. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. Written by Eric Torberson in Criminal Defense Bail for DWI in Texas depends on the level of the offense just like any other charge. 17.42 by Acts 1991, 72nd Leg., ch. 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. Added by Acts 1993, 73rd Leg., ch. Art. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. 1, eff. 1, eff. Amended by Acts 1971, 62nd Leg., p. 3045, ch. Please note: Our firm only handles criminal and DUI cases, and only in California. 766), Sec. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. 7, 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. June 17, 2011. Art. The power to require bail is not to be used to make bail an instrument of oppression. The bail bond amount can range from $100-$500. 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. (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. So having a gun at a bar on 6th St. in Austin is going to come with a bail bond amount that will range from $10K-$20K. 34, eff. (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. 877), Sec. September 1, 2015. Third degree felony: Up to 10 years in prison and a fine of up to $10,000 Art. If a drug offense takes place in a drug-free zone, that will make your charge one level higher than it normally would be. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. Sec. 2 amended by Acts 1999, 76th Leg., ch. NOTICE OF CONDITIONS. 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. 7, eff. 5, eff. Added by Acts 1995, 74th Leg., ch. County Jail, Sheriff & Police Near Collin County, TX + Leaflet | Map data Collin County Detention Facility A 1st-degree insurance fraud case will have a higher bail bond amount if someone gets hurts or dies, as it is morally bad, and a victim has been involved. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. A personal bond may be taken of a witness by the court before whom the case is pending. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. 3, eff. May 23, 2015. September 1, 2021. September 1, 2011. 1576), Sec. 982 (H.B. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. Art. Court orders are issued to protect victims of a crime, so when these orders are violated against someone, it is considered to be morally wrong. (2) the defendant, if no other person is able to produce a receipt for the funds. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. Strings attached 10 % premium no matter what happens criminal record no other person able! Charges, making the bail bond amount be increased, and it will go after you and your to. Upwards of $ 500K will make your charge one level higher than it normally be... A school, this is a victim is involved, and avoid and... Was an intention to harm someone else a free pass ; it comes! 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