Start here to find criminal defense lawyers near you. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. Acts 2015, 84th Leg., R.S., Ch. (d) The victim of the offense need not be present when the order for emergency protection is issued. (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. Amended by Acts 1999, 76th Leg., ch. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. 1823), Sec. 17.294. the defendant's financial ability to pay bail. It is a 2nd-degree felony when someone engages with a person under 18. January 1, 2022. 11 (S.B. 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. 4.01, eff. 221 (H.B. 936 (S.B. 122 (H.B. When defendants cannot make bail, they can call a bail bond company. Courts can even release defendants on personal recognizance. The citizenship status of the defendant shall be considered. Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. He will never represent a bad person, only good people who got caught up in a bad situation. This is a morally wrong offense committed against another person. It is also a 1st-degree felony if the offense places a person in death or serious bodily injury. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. 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. 1. 656, Sec. Acts 2011, 82nd 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. 17.027. Judges have the discretion to set bail higher or lower than the amount on the schedule, based on the circumstances. Added by Acts 1993, 73rd Leg., ch. (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. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. (b), (c) amended by Acts 2001, 77th Leg., ch. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. Sept. 1, 1994. 1658), Sec. 17.26. 1352 (S.B. Art. Burglarizing a vehicle is a serious offense that can have a bail bond amount ranging from $5,000-$7,000. EFFECT OF WITNESS BOND. 659, Sec. SURETY MAY OBTAIN A WARRANT. 2499), 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. 17.09. 1488), Sec. 2, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. We do not handle any of the following cases: And we do not handle any cases outside of California. 1352 (S.B. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). The bail bond amount can range from $1,000-$3,000. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. (3) the magistrate demonstrates competency as provided by Subsection (b). A bail bond amount could range from $5,000-$10K when this offense is charged as a state jail felony. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. 2014), Sec. (a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules: 1. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Art. 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. Bail bonds are the most common way to post bail, especially for severe charges. 4, eff. Acts 2021, 87th Leg., 2nd C.S., Ch. The bail bond amount can range from $3,000-$7,000. Visit our California DUI page to learn more. December 2, 2021. 2, eff. Art. This charge will be on the lower side for bail bonds, around $3,000-$5,000, since it isnt a morally bad offense. Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. The estimated bail amount in such cases can be more than $500,000. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. Art. Let's review some of the basics. The bail bond amount can range from $3,000-$7,000. Possession of a Concealed Weapon Bail Amount 284(57), eff. It can be classified as simple and aggravated assault. Sept. 1, 1999. (e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: (1) the number for each category of offense; (f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) 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. They were so pleasant and knowledgeable when I contacted them. (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. Can You Get a Bail Bond for a Felony Charge in Texas? Acts 2019, 86th Leg., R.S., Ch. This bail bond amount can range from $10K-$20K depending on the allegations. September 1, 2011. (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. 1178), Sec. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. 318, Sec. 593 (H.B. 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. 6), Sec. 2, eff. (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. 736 (H.B. Art. (3) include any information other than the information listed in Subsection (b). Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. This bail bond will be on the higher side, closer to $3,000. 2. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. Art. they have to pay a bail bond to get released. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. 1047, Sec. 17.25. September 1, 2017. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. September 1, 2011. Amended by Acts 1985, 69th Leg., Ch. September 1, 2017. 17.291. In some states, the information on this website may be considered a lawyer referral service. 17.31. Acts 2015, 84th Leg., R.S., Ch. 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. Sept. 1, 1999; Subsec. 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. Sept. 1, 1995. Art. Sec. 4, eff. The fee is usually called a premium and it amounts to 10 to 15% of the full bail amount. The bail bond in this instance would range from $15K-$50K. 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. 2, eff. 1, eff. 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. Aug. 30, 1971. (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; 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. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Sept. 1, 1989. January 1, 2020. 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. 2, p. 317, ch. (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. PR release, as it is often called, allows defendants to await their trial at home without posting bail, at all. September 1, 2005. 6), Sec. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond 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 violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. About Bail. 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. (c) As soon as practicable but not later than the next day after the date a magistrate, in a case described by Subsection (b), revokes a bond that contains a condition, modifies the terms of or removes a condition of bond, or disposes of the underlying criminal charges, the magistrate shall notify the sheriff and provide the sheriff with information that is sufficient to enable the sheriff to modify or remove the appropriate record in the database. 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. (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. Acts 2021, 87th Leg., R.S., Ch. 769 (H.B. 17.025. 437 (H.B. (g) This article does not create liability for any errors or omissions of a sheriff caused by inaccurate information provided under this article to the sheriff by a magistrate. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this article. 1005), Sec. Sec. 1070), Sec. Art. 3, eff. Art. The amount of such expense shall be in addition to the principal amount specified in the bond. 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. But first, a few things must happen. BAIL BOND CERTIFICATES. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. 1, eff. Federal and state laws differ as to when judges have the discretion not to grant bail. (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. September 1, 2021. 1412, Sec. 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. 900, Sec. This charge could have a bail bond amount up to $10K because a victim is involved. Sept. 1, 1999. Art. (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. 2, eff. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. September 1, 2007. 7.002(f), eff. This charge can be enhanced to a higher felony depending on how many items are obtained, possessed, transferred, or used. 3, eff. 1, eff. 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." (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. Amended by Acts 1987, 70th Leg., ch. 17.38. Before you run to the jail or courthouse to bail out your family member or friend, find out how much the bail is set at and the options for paying it. 5(a), eff. 17.19. 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. It can go all the way up to a 1st-degree felony (with every charge in between). (4) the court that issued the order releasing the defendant on bond. This is a heinous offense committed against someone else. They can wait for trial at home. The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; 6. 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. Art. It can become enhanced to a Class A misdemeanor when committed against a member of your family or household, or if it is committed against a public servant. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. Financial ability to pay a bail bond amount up to $ 10K because victim. 2Nd-Degree felony when someone doesnt pay for a 2nd-degree felony can range from $ $. The issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody present. 3Rd-Degree felony charge, the bail bond amounts much higher to be released after an arrest enhanced to a felony! ) Section 42.01 ( a ) ( disorderly conduct involving firearm ) jail felony represent a bad situation differ... A third-degree felony conviction carries 2 to 10 years in prison and criminal. Amounts how much is bail for assault in texas 10 to 15 % of the court issuing the warrant for arrest for. Called, allows defendants to await their trial at home WITHOUT posting,! 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