(4) possessing a firearm, unless the person is 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. 3. 17.04. Do Not Sell or Share My Personal Information. the defendant is a risk to someone elses safety. In that case, the bail bond amount can range from $15K-$50K. When this offense is a Class A, the bail bond amount will probably be on the higher side of around $5,000-$7,000 because a victim is involved, and this is a morally wrong offense. 1, eff. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. "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. (a), (b) amended by Acts 1997, 75th Leg., ch. 1, 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. If a victim suffers bodily injury, the penalty increases to a class A misdemeanor. 17.45. 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. Assault against a spouse or someone else is much higher - around $10,000. 6), Sec. (a) To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community. How do you post bail for someone? Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. Per Sec. ELECTRONIC FILING OF BAIL BOND. Some jurisdictions only allow cash or money orders, but some now accept credit cards. 6), Sec. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. 1, eff. In special circumstances like if your family lives in the area or you are employed or if it is your first offence the bail amount will be reduced by the judge. Aug. 26, 1991. Subsec. Let's review some of the basics. Acts 2011, 82nd Leg., R.S., Ch. First Degree Felony: The crimes of this . 23, Sec. 17.47 by Acts 2003, 78th Leg., ch. 17.30. 346), Sec. A bail bond amount for that will be on the lower side of about $1,000. Sec. 3.08, eff. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. (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. A bail bond amount for this offense can be closer to $15K. Acts 2011, 82nd Leg., R.S., Ch. SECURITY OF WITNESS. (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. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. (d) added by Acts 2003, 78th Leg., ch. The bail bond amount will be closer to $10K for a 3rd-degree offense. Acts 2011, 82nd Leg., R.S., Ch. The highest level of an offense that someone can be charged with is a 1st-degree felony. September 1, 2009. The bail bond amount for this charge can be upwards of $50K. 14, Sec. September 1, 2021. (2) the sheriff of the county where the defendant resides. This offense can have a bail bond amount closer to $30K. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. (a) amended by Acts 1995, 74th Leg., ch. Sec. September 1, 2011. Allen was killed during a traffic stop in 2017. 965), Sec. 1276 (H.B. Added by Acts 2001, 77th Leg., ch. 374, Sec. Art. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. Art. (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. 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. 1506), Sec. 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. 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. 748 (S.B. Acts 1965, 59th Leg., vol. (b)(2) amended by Acts 1991, 72nd Leg., ch. How much is bail for assault? CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. It can go all the way up to 1st-degree felony, with at least a $30K bail bond amount. 298, Sec. 769 (H.B. 2, eff. Penal Code 12.21, 12.34, 22.05 (2022).) CHARITABLE BAIL ORGANIZATIONS. (2) a nonprofit corporation organized for a religious purpose. 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. Art. The magistrate shall make a separate record of the service in written or electronic format. 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. 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. (f) To the extent that a condition imposed by an order for emergency protection issued under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for the duration of the order for emergency protection. 12, eff. A bail bond amount could be up to $5K. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. 17.09. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. 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. 232 (H.B. The next level of a misdemeanor offense that someone can be charged with is a Class B. It is enhanced to a 2nd degree if someone has been previously convicted, with a bail bond amount closer to $50K. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. Sept. 1, 1999. Acts 2021, 87th Leg., 2nd C.S., Ch. Acts 2005, 79th Leg., Ch. This process could take several hours or longer. Art. (3) prohibiting the release of the information to the defendant. 1, eff. 2, Sec. 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.". He isn't addressing people stuck behind bars because they can't afford to pay. Sept. 1, 1989; Subsec. RULES APPLICABLE TO ALL CASES OF BAIL. 17.0501. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. 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. (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. This charge can be enhanced to a 2nd-degree felony if a child is abandoned under circumstances that place the child in imminent danger of death, bodily injury, or physical or mental impairment. Average bail amount for a misdemeanor Misdemeanors in Texas can be as low as $500 for Class C misdemeanors. Subsec. What may not be so obvious is where these bail bond amounts come from and what they are based upon. Art. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. Defendants who post bond have to abide by the conditions of their release. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. Most jailhouses will readily provide inmates and suspected offenders with a local bail bondsman office. Sec. 17.026. If the assault is classified as a Class B misdemeanor, the penalty is a maximum fine of up to $2,000 and/or up to 6 months in jail. BAIL DECISION. If the defendant makes all of their court dates, the company gets their money back. (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, eff. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. This is true even if the defendant is convicted. Acts 2015, 84th Leg., R.S., Ch. 1. Courts can even release defendants on personal recognizance. This form is encrypted and protected by attorney-client confidentiality. 882), 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. 2.05, eff. 17.153. (f-1), (f-2), (n) added and Subsec. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. About Bail. Amended by Acts 1967, 60th Leg., p. 1736, ch. January 1, 2020. If the alleged assault is on a public servant or peace officer, or if it involves impeding breathing or circulation, it will be enhanced to a 3rd-degree felony. 1, eff. September 1, 2019. 17.085. Sec. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. (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. 807 (H.B. Amended by Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 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. The bail bond amount could range from $30K-$100K for a 1st-degree felony. 1, eff. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. Art. I am without means to pay ______ and I hereby request that an appropriate bail be set. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). The bail bond amount can range from $10K-$20K. 978 (H.B. 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. 17.081. Sept. 1, 1999. 17.294. Amended by Acts 1987, 70th Leg., ch. This separate charge will be one level degree higher than the alleged offense being committed. Let's see how we can help. 828, Sec. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Art. It is also a 1st-degree felony if the offense places a person in death or serious bodily injury. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. 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. 1, eff. In exchange for posting bail, the defendant pays the company a bail premium. Bond amounts for this 3rd-degree felony can start at $30K and can go all the way up to $100K for a 1st-degree felony. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. 17.29. The bail bond amount range for a Class A is $3,000-$7,000. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail. 1, eff. 1, eff. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. WITNESSES TO GIVE BOND. The next level of felony offenses is classified as a 2nd-degree felony. RELEASE ON PERSONAL BOND. The court will likely issue a bench warrant for the persons arrest. September 1, 2011. The bail bond amount could range from $30K-$500K for a 1st-degree felony. (e) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the verification of the incarceration of the accused. Multiple federal courts have found . (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. Sept. 1, 1997; Subsec. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Art. (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. We do not handle any of the following cases: And we do not handle any cases outside of California. 1, eff. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 110 (S.B. 11 (S.B. 1070), Sec. (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. June 20, 2003; Subsec. September 1, 2015. 13, eff. 1341, Sec. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. This Class A misdemeanor will have a bail bond amount closer to $3,000. 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. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. There are various factors that influence the decision of the judge when setting the total bail bond amount. Indecent exposure could mean a few different things. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. (c) amended by Acts 2003, 78th Leg., ch. General battery ( not causing great bodily harm) against an officer is charged as a third . Instead of paying the scheduled bail amount (or if it's not an option), the defendant may await arraignment or a special hearing to have bail set. September 1, 2021. 2, Sec. (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 the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. This charge will have a bail bond amount closer to $50K. 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." September 1, 2009. (b), (c) amended by Acts 1997, 75th Leg., ch. 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. (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. Sec. The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body. 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. (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. Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000. 2.04, eff. 11 (S.B. 1275, Sec. 1, eff. 17.40. Sept. 1, 1991; Subsec. 1352 (S.B. 584), Sec. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 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. 1, eff. (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. (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. 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. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. 17.34. 1005), Sec. Cole's public defender had argued for release on his own recognizance without setting bail while prosecutors asked for $3,000, records showed. 623, Sec. This charge is enhanced to a 3rd-degree felony when the coercion is a threat to commit a felony. Pay ______ and I ca n't thank them enough for the persons arrest 3,000- $ 7,000 days in and. ( 3 ) the defendant resides the information to the defendant is convicted in. 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