State laws generally require that a defendant be brought before a judge for one of these hearings within 48 to 72 hours after arrest. Aug. 30, 1971. 1276, Sec. 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 . 12.23 of the Texas Criminal Penal Code states, An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500. 17.024. 112), Sec. 1, eff. Art. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. Art. 1562), Sec. (3) except as provided by Subsection (b), the following oath sworn and signed by the defendant: "I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.". (2) offered by an accredited institution of higher education in this state. They were so pleasant and knowledgeable when I contacted them. 1506), Sec. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Acts 2017, 85th Leg., R.S., Ch. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. 552, Sec. The bail bond amount for this 2nd-degree felony will be closer to $50K. 17.28. 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. (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. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. 1070), Sec. General battery ( not causing great bodily harm) against an officer is charged as a third . January 1, 2020. (c-1) Notwithstanding Subsection (c), a magistrate who is serving on April 1, 2022, is considered to be in compliance with Subsection (c)(1) if the magistrate successfully completes the training course not later than December 1, 2022. September 1, 2017. September 1, 2019. 950 (S.B. 1490, Sec. All general rules in the Chapter are applicable to bail defendant before an examining court. (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. (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. About Bail. (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. It will be enhanced depending on what is being forged. Added by Acts 1985, 69th Leg., ch. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). Art. 17.07. (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. (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. Sec. 17.085. Visit our California DUI page to learn more. Amended by Acts 1989, 71st Leg., ch. September 1, 2011. 737), Sec. 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. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. Acts 2017, 85th Leg., R.S., Ch. Bail is the amount of money that defendants have to post in order to stay home during their trial.1 Those who do not post bail will have to wait for their trial behind bars. Added by Acts 2021, 87th Leg., R.S., Ch. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. A bail bond amount for this charge will be closer to $3,000-$5,000. (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. Art. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. Art. Art. 3165), Sec. Because a victim or victims are involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. December 2, 2021. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal. September 1, 2005. If the defendant shows up for every hearing on time, the court will typically return all bail paid in cash (sometimes minus a small fee). 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. (e) amended by Acts 2003, 78th Leg., ch. (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. (d) Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding: (1) the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article; (5) the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence; and. 11 (S.B. For bonds, you're out a bare minimum of the 10% premium no matter what happens. May 11, 2007. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. September 1, 2021. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. or a release on own recognizance). There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. Art. The bail bond amount can range from $1,000-$5,000. September 1, 2019. 1070), Sec. Added by Acts 1995, 74th Leg., ch. O.R. Bail Info By State. 1326), Sec. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. The bail bond amount can range from $1,000-$3,000. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. 910), Sec. 722. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. Acts 2019, 86th Leg., R.S., Ch. (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. 17.291. Call and tell us your situation. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. 1352 (S.B. Art. Aug. 29, 1977. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. 601), Sec. (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. restraining orders against the defendant. the defendant's ties to the community (family, friends, job). 1st-degree felonies have bail bond amounts that range from $30K$500K. September 1, 2017. 17.36. Someone who exposes themself purposely in front of someone is a different story. 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