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Acts 2017, 85th Leg., R.S., Ch. 5, 6 added by Acts 1995, 74th Leg., ch. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). 1006, Sec. 12.34 of the Texas Criminal Penal Code, the punishment for a 3rd-degree felony states, (a) An individual convicted of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. Federal and state laws differ as to when judges have the discretion not to grant bail. . Acts 2009, 81st Leg., R.S., Ch. June 14, 1995; amended by Acts 1997, 75th Leg., ch. The bail bond amount range for a 3rd-degree felony is $10K-$20K. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1573), Sec. (3) the modification will not in any way endanger a person protected under the order. An arson charge will come with a bail bond amount ranging from $15K-$50K. . Unwavering Legal Defense for Your DWI Case Acts 2017, 85th Leg., R.S., Ch. This charge will be enhanced to a Class A Misdemeanor when information obtained is transferred to a third party. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. Aug. 30, 1971. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 6), Sec. 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. Aspects such as criminal history and previous convictions play a huge role in whether a charge will be enhanced, as well as other reasons to be discussed further. January 1, 2017. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2021. 2767), Sec. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. June 14, 2013. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. 1178), Sec. 3000), Sec. 2.05, eff. (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. So if possession of a controlled substance is normally a Class A misdemeanor, allegedly committing the offense in a drug-free zone would automatically bump it up to a state jail felony. 284(45), eff. This bail bond amount will be closer to $10K in that case. The bail bond amount could range from $30K-$500K for a 1st-degree felony. It will automatically become enhanced to a Class B misdemeanor when that happens. 437 (H.B. (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. 1, eff. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county. 1, eff. 19.01(3), eff. Like a loan company, the bail bond service company requires that you secure the arrangement with some collateral, such as a car, house, or other property. Acts 2007, 80th Leg., R.S., Ch. Class A misdemeanor: Up to one year in jail and a fine of up to $4,000. Acts 2007, 80th Leg., R.S., Ch. 3692), Sec. The power to require bail is not to be used to make bail an instrument of oppression. 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. If you are charged with engaging in organized criminal activity, this is an additional charge to the original offense for which you are being arrested. It includes Class C misdemeanors committed with deadly weapons. This charge is enhanced to a 3rd-degree felony when the coercion is a threat to commit a felony. 2.06, eff. TRAINING ON DUTIES REGARDING BAIL. 17.023. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. Amended by Acts 1987, 70th Leg., ch. (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. September 1, 2009. 1st-degree felonies have bail bond amounts that range from $30K$500K. According to Title 1, Art. 1064 (H.B. (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. 1506), Sec. 110 (S.B. 3. 1174 (S.B. 1506, Sec. 2, eff. It can be classified as simple and aggravated assault. Sept. 1, 1985. Art. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. This charge is enhanced to a state jail felony when someone is convicted two or more times. This Class A misdemeanor will have a bail bond amount closer to $3,000. 1326), Sec. 17.24. If the bail is paid, or posted, the defendant can be released from custody pending trial. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. September 1, 2005. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. The amount of bail depends on the offense being charged and the court hearing the case. For assault with a deadly weapon, the bail is often around $25,000. 1276 (H.B. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 90 (S.B. (m) Notwithstanding Subsection (a), a magistrate may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6). (a) amended by Acts 1995, 74th Leg., ch. It can be enhanced to a state jail felony if there was an intention to harm someone else. 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. 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. 1412, Sec. (a) amended by Acts 1995, 74th Leg., ch. (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. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. Acts 2021, 87th Leg., 2nd C.S., Ch. Second Degree Felony: The crimes of this level can include aggravated assault, intoxication manslaughter, possession of marijuana of 50 to 2,000 pounds, or robbery. September 1, 2007. 595, Sec. Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses. These Class A misdemeanor charges can have bail bond bonds ranging anywhere from $3,000-$7,000. 942, Sec. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. September 1, 2011. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. Acts 2009, 81st Leg., R.S., Ch. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. 17.46. 17.07. 4, eff. Acts 2021, 87th Leg., 2nd C.S., Ch. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested. September 1, 2005. 1. Added by Acts 1993, 73rd Leg., ch. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. (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. Evading usually isnt considered a morally wrong offense or involve a victim. 232 (H.B. Art. The next level of felony offenses is classified as a 2nd-degree felony. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. (2) requests the assistance of counsel, appointed or retained. When someone needs help and you interfere with them making a 911 call, this is the charge that comes along with it. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. 2. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. Jan. 28, 1997. 17.293. Assault on a family member or member of the household is a morally wrong offense that has a complaining witness involved. The bail bond amount can range from $3,000-$7,000. CLICK HERE FOR TITLE OR CONTRACT BONDS. This charge can be enhanced to a 2nd-degree felony if the parties involved are related by blood or adoption. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). (5) the magistrate finds, after considering all the circumstances, a pretrial risk assessment, if applicable, and any other credible information provided by the attorney representing the state or the defendant, that release on personal bond would reasonably ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. Some jurisdictions only allow cash or money orders, but some now accept credit cards. The bail bond amount can range from $1,000-$5,000. January 1, 2022. 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. When you post your own money or collateral for bail or a bail bond, you risk losing it. 2. A bail bond service is similar to a loan company. Under no circumstances will you get the premium back. 6), Sec. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. September 1, 2017. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. 6), Sec. 743 (H.B. A bail bond amount could be up to $5K. 122 (H.B. 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. Added by Acts 1977, 65th Leg., p. 1972, ch. Acts 2011, 82nd Leg., R.S., Ch. This separate charge will be one level degree higher than the alleged offense being committed. However, this charge can be enhanced depending on how many addresses the mail was appropriated from and if there was any identifying information (which means potential victims). Art. 17.032. (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. 361 (S.B. Sept. 1, 1995; Subsecs. 17.021. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. (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. Acts 2021, 87th Leg., 2nd C.S., Ch. 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. The bail bond amount for this 3rd-degree felony can range from $15K-$50K. 737), Sec. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. 3165), Sec. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. 14, Sec. Added by Acts 1977, 65th Leg., p. 1525, ch. Not every single offense that is considered a crime in Texas is included in the following lists. 623, Sec. Subsec. The bail bond amount can range from $3,000-$7,000. 1506), Sec. A capital felony includes espionage, treason, or premeditated murder. 17.26. BAIL IN FELONY. 599), Sec. Acts 2019, 86th Leg., R.S., Ch. The estimated bail amount in such cases can be more than $500,000. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. About. TIME GIVEN TO PROCURE BAIL. Art. 1, eff. Sept. 1, 1989; Subsec. Robbery is a morally wrong offense. 17.04. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. 17.42 by Acts 1991, 72nd Leg., ch. On top of that, if you violated a restraining order, bail could go $10,000 or $20,000 higher. And it will go after you and your collateral to get back the money it paid to the court. 1, eff. 3, eff. (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. Art. (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. This is typically the, At the arraignment, the defendant may enter a, If the arraignment does not occur within 48 to 72 hours, the defendant will be given a bail hearing (or in some cases a. 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. 396, Sec. 736 (H.B. 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