Sept. 1, 1997; Subsec. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. Assault against a spouse or someone else is much higher - around $10,000. Acts 2011, 82nd Leg., R.S., Ch. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. PR release, as it is often called, allows defendants to await their trial at home without posting bail, at all. Possession of a Concealed Weapon Bail Amount 17.031. 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. Added by Acts 1993, 73rd Leg., ch. Bail is generally higher for felonies than for misdemeanors. 4, eff. 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. The lowest level of felonies is a state jail felony. Art. Any interaction that has physical contact that causes harm to the other person is considered assault. 595, Sec. 1, eff. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. (f) amended by Acts 1991, 72nd Leg., ch. Acts 1965, 59th Leg., vol. September 1, 2017. Because there is no physical victim, the bail bond amount will probably be closer to $3,000. 661, Sec. the defendant is a risk to someone elses safety. Art. December 2, 2021. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. 17.42 by Acts 1991, 72nd Leg., ch. This subsection expires May 1, 2023. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. September 1, 2015. When defendants cannot make bail, they can call a bail bond company. (3) prohibiting the release of the information to the defendant. 3, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. REQUEST SETTING OF BAIL. April 5, 2001. Art. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. (f) The Department of Public Safety shall: (1) modify the database to enable the database to accept and maintain detailed information on active conditions of bond regarding the requirements and status of a condition of bond imposed by a magistrate for a violent offense, including information described by Subsections (b) and (c); and. Acts 2019, 86th Leg., R.S., Ch. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). This bail bond amount will be higher because of that, closer to $20K. 1, eff. The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. A bail bond amount for this charge will be closer to $3,000-$5,000. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 17.52. (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). Art. 2390), Sec. (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. 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. The fee is usually called a premium and it amounts to 10 to 15% of the full bail amount. (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. Renumbered from Vernon's Ann.C.C.P. 1557), Sec. Sept. 1, 2003. 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. January 1, 2022. 11.20, eff. Sept. 1, 1999; Subsec. Police load the refrigerator that is suspected of having been used to keep body parts of 28-year-old model Abby Choi onto a truck in Hong Kong Feb. 25, 2023 in this screen grab taken from a handout video. First Degree Felony: The crimes of this . The bail bond amount can range from $3,000-$7,000. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. Because these offenses have a victim involved and are considered to be morally wrong, the bail amounts will be closer to the higher end of the spectrum. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. September 1, 2021. 2.03, eff. (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. March 19, 1993. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Aggravated assault and battery are similar in nature, in technicality battery simply means the crime was completed or carried out. Aug. 28, 1967. (b), (c) amended by Acts 2001, 77th Leg., ch. 17.49. 10, Sec. Amended by Acts 1987, 70th Leg., ch. 23, Sec. 2, eff. 1174 (S.B. Art. If they are tampered with, they are now the victim of this new offense, which is morally bad. September 1, 2019. He will never represent a bad person, only good people who got caught up in a bad situation. 8), Sec. 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. 1506, Sec. This charge can also be enhanced depending on the amount of marijuana being delivered. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. (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. 1224 (H.B. (a) amended by Acts 1999, 76th Leg., ch. 56), Sec. 4. The penalty increases to a third-degree felony if it involves discharging a firearm. Art. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. 1, eff. This charge can be enhanced, however, depending on the value of the motor vehicle. 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. Sept. 1, 1995. The bail bond amount could be upwards of $5,000. Acts 2017, 85th Leg., R.S., Ch. Art. Acts 2017, 85th Leg., R.S., Ch. 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. Art. 722. 8), Sec. Along with bail issues, the attorney can advise you on what to do, what not to do, and what not to say. (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. September 1, 2009. Art. Third degree felony: Up to 10 years in prison and a fine of up to $10,000 According to Title 1, Art. 17.44. It wont be an additional charge that you need to pay an additional bail bond amount, but it will make your bail bond amount for the drug charge higher than a non-drug-free zone. Those bail bond amounts can range from $15K-$50K. September 1, 2019. 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. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. 17.33. So, how much is bail for assault in Texas? (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. 374, Sec. 4, eff. He truly believes in second chances. 17.032. Acts 1965, 59th Leg., vol. Acts 2009, 81st Leg., R.S., Ch. 965), Sec. A capital felony includes espionage, treason, or premeditated murder. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). This charge can be enhanced to a 2nd-degree felony if the parties involved are related by blood or adoption. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and. June 17, 2011. 17.05. 5(a), eff. A bail may be set, but there is no guarantee. However, the terms of pre-trial release can be stricter for PR bonds. (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings. SURETIES SEVERALLY BOUND. Aggravated sexual assault of an adult. Sec. (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. 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. 1, eff. 900, Sec. Can You Get a Bail Bond for a Felony Charge in Texas? The bail bond amount can range from $1,000-$3,000. 2, eff. Sept. 1, 1989. 768, 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. 910), Sec. Acts 2021, 87th Leg., 2nd C.S., Ch. 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. This egregious charge involving a victim or victims will have a bail bond amount closer to $500K. As a Class C misdemeanor, there is no bail bond amount, and the defendant is released to appear. Sec. 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. 4, eff. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). Art. (936) 539-4444. It will not be returned when the case ends. (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. Severe offenses often lead to high bail requirements. Sept. 1, 2001. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 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. 12, eff. OFFICERS TAKING BAIL BOND. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. Its enhanced to state jail felony if someone has previously been convicted. 601), Sec. With victims involved and being morally reprehensible, the bail bond amount can be as high as $500K. 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.". Acts 2017, 85th Leg., R.S., Ch. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. It could be as low as a $0 bail bond as 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. 14, Sec. 4, eff. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. (b) amended by Acts 1989, 71st Leg., ch. 737), Sec. CLICK HERE FOR TITLE OR CONTRACT BONDS. Any potential enhancements will be explained, including the prospective bail bond amounts for those charges. 779 (H.B. Sept. 1, 1991; Subsec. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. 17.47 by Acts 2003, 78th Leg., ch. The defendant does not get the premium back, though. (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, 2021. 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. WITNESS MAY BE COMMITTED. 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. A bail bond amount for this can range from $5,000-$15K. (a) The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office. The bail bond amount can range from $3,000-$5,000. BAIL IN FELONY. 1, eff. 3.10, eff. 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