17.18. Aggravated robbery is when a robbery is committed and the defendant uses or exhibits a deadly weapon, or they cause bodily injury or threatens injury or death. 1506, Sec. (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. It could be charged as a state jail felony, with a bail bond amount of around $8,000; or it could be charged as a 3rd-degree felony with a bail bond amount of $10K. (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. This Class B misdemeanor harassment will have a higher bail bond amount of $3,000. Sec. 6(a), eff. 659, Sec. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. 122 (H.B. (g) The Office of Court Administration of the Texas Judicial System shall promulgate a form for use by a magistrate or a magistrate's designee in providing notice to the defendant under Subsection (e). Art. For example, battery in Texas is subject to the following sentencing schedule: Class C misdemeanor: Fine of up to $500. 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. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond. (e) In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article. January 1, 2020. EXEMPT PROPERTY. Acts 2011, 82nd Leg., R.S., Ch. The bail bond amount in this case will range from $10K-$20K. It will be enhanced depending on what is being forged. (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. It will automatically become enhanced to a Class B misdemeanor when that happens. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Art. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). A bail bond amount for this can range from $5,000-$15K. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 2, p. 317, ch. It will not be returned when the case ends. (b) amended by Acts 1989, 71st Leg., ch. The billionaire's DAs have stripped bail and theft laws, . This offense can be enhanced depending on the drug and the number of drugs. 1276 (H.B. Secs. 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. I am without means to pay ______ and I hereby request that an appropriate bail be set. (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. 90 (S.B. 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. Once that's completed, the defendant, or someone on the defendant's behalf, can post bail according to a bail schedule (assuming it's an option) without seeing a judge. (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. September 1, 2017. 1, eff. 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. 1, eff. Robbery - If a person is accused of using a deadly weapon or threatening or inflicting injury or death, they may be charged with aggravated robbery, and bail may be up to $500,000. 11 (S.B. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. 1298 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. The Office of Court Administration of the Texas Judicial System shall develop statewide procedures and prescribe forms to be used by a court to facilitate: (1) the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 1276, Sec. They can wait for trial at home. The defendant and the defendant's sureties are not required to appear in court. 3.08, eff. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. 11 (S.B. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. January 1, 2020. If the defendant makes all of their court dates, the company gets their money back. Art. If the defendant accepts this option and pays bail, the defendant is released. 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. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. 779 (H.B. (c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. (d) amended by Acts 1999, 76th Leg., ch. If a victim suffers bodily injury, the penalty increases to a class A misdemeanor. June 18, 2003. Art. Added by Acts 1969, 61st Leg., p. 2033, ch. Known as a PR bond, defendants released on personal recognizance do not have to post any money for bail. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. Defendants who post bail and then miss a court date forfeit their bail money. 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. 298, Sec. The offense is enhanced to a 3rd-degree felony when it is committed against an elderly person, along with a bail bond amount up to $20K. Abbott blocks release of some inmates who cant pay bail. Each surety listed under this article must file annually a sworn financial statement with the sheriff. September 1, 2011. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. (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. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. 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. 1, eff. Sec. (2) the use or exhibition of a deadly weapon during the commission of an assault. Art. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. GENERAL RULES APPLICABLE. The bail amount for assaulting a peace officer (e.g. The benefit of waiting is that the judge might reduce or waive the bail amount. 17.026. June 14, 1995; Acts 1995, 74th Leg., ch. 5, eff. Amended by Acts 1987, 70th Leg., ch. Second-degree felony charge result in a maximum of 20 years in prison. 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. If it is a felony court appearance that you miss, you will be charged with a 3rd-degree felony for failing to appear, and the bail bond amount will be closer to $10K. (b) A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article. A bail bond amount for this offense can be closer to $15K. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. Jan. 28, 1997; Subsec. RULES FOR SETTING AMOUNT OF BAIL. 17.17. Art. Art. Unwavering Legal Defense for Your DWI Case 17.085. 766), Sec. The bail bond amount can range from $3,000-$7,000. Art. 11 (S.B. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 1275), Sec. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. WHEN SURRENDER IS MADE DURING TERM. 17.23. 4. Art. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. 514, Sec. The next level of a misdemeanor offense that someone can be charged with is a Class B. The bail bond amount can range from $1,000-$3,000. (d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. In the Independent Monitor's second six month report (published March 3, 2021), Dr. Carmichael and researchers at Texas A&M University found significant decreases in the cost of bail incurred by Harris County communities. 17.06. 17.03. Depending on the value of the claim, this charge can go all the way up to a 1st Degree Felony (with every other charge in between). Class A misdemeanor: Up to one year in jail and a fine of up to $4,000. 221 (H.B. 6), Sec. Art. If it is not posted, he or she will most likely remain in custody while awaiting trial. Repealed by Acts 2005, 79th Leg., Ch. 1, eff. (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. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. 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. In the probable cause affidavit: ( 1 ) `` Family violence '' has the meaning assigned by Section,... And theft laws, ______ and I ca n't thank them enough the! 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