17.49. 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. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 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. 1488), Sec. Added by Acts 1969, 61st Leg., p. 2033, ch. RELEASE ON PERSONAL BOND. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. (a) A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate. (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. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. 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. 23, Sec. FURTHER DETENTION OF CERTAIN PERSONS. (3) the magistrate demonstrates competency as provided by Subsection (b). 17.032. 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. REQUIRED TRAINING. 3, eff. Sept. 1, 1999; Subsecs. 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. If they do, the money they posted for bail will be returned. How much is bail for assault? This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. January 1, 2017. The disadvantage is that the defendant or defense attorney might convince the judge at a hearing to reduce or waive the bail amount entirely (which can save a lot of money). (i-1) The copy of the order and any related information may be sent under Subsection (h) or (i) electronically or in another manner that can be accessed by the recipient. Tony Sun is a lawyer in Austin, Texas who defends people who get accused of doing something wrong. The bail bond amount could range from $30K-$100K for a 1st-degree felony. Sec. A bail may be set, but there is no guarantee. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. However, the terms of pre-trial release can be stricter for PR bonds. (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. 1, eff. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. (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. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. 17.41. If you are charged with a Class C offense, the maximum punishment is a fine, so your court appearance (or missing it) is punishable by a fine only as well. 2, eff. 2.03, eff. 4 (S.B. The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. 1276 (H.B. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). Very helpful with any questions and concerns and I can't thank them enough for the experience I had. A bail bond for a 1st-degree possession charge will likely be on the lower end of that range. (b) amended by Acts 1989, 71st Leg., ch. Defendants who post bail and then miss a court date forfeit their bail money. The bail bond amount can range from $3,000-$7,000. June 20, 2003; Subsec. Sept. 1, 1999. There are various factors that influence the decision of the judge when setting the total bail bond amount. Because this is considered to be a morally wrong offense, and a victim could be involved, the bail bond amount will be closer to $20K. (a) A personal bond pretrial release office established under this article shall: (1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case; (2) update the record on a monthly basis; and. (b) Only the court before whom the case is pending may release on personal bond a defendant who: (1) is charged with an offense under the following sections of the Penal Code: (B) Section 71.02 (Engaging in Organized Criminal Activity); (2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or. (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. A bail bond amount could be up to $5K. 8), Sec. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. Art. The bail bond in these cases will be much higher, close to $10K or more. This subsection expires May 1, 2023. (B) involves violence directed against a peace officer. 1, eff. September 1, 2005. SURRENDER IN VACATION. 108 (S.B. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. 17.07. Art. 552, Sec. Family members later helped identify Choi at mortuary. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. 3. If you have the funds, you can go to the jail or courthouse and post bail for the defendant. 11 (S.B. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. 17.33. (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. The bail bond amount for this charge can be upwards of $50K. These Class A misdemeanor charges can have bail bond bonds ranging anywhere from $3,000-$7,000. 930 (H.B. Aug. 29, 1977. The heinous nature against a child victim will have a bail bond amount as high as $500K. This form is encrypted and protected by attorney-client confidentiality. 1228 (S.B. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. (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. 2499), Sec. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 1, eff. December 2, 2021. 1, eff. Art. The amount of bail for assault may be as little as $2,500 and as high as $1,000,000 if the assault was committed with the intent of a much more serious violent crime such as first-degree murder. 1913), Sec. (e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted. (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. 1146 (H.B. If there are no injuries, then the lower amount of $5,000 is more likely, with some bodily injury resulting in higher bail cost. 45, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 17.14. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. The bail bond amount range for a 3rd-degree felony is $10K-$20K. 2, eff. 4, eff. 722. Not every single offense that is considered a crime in Texas is included in the following lists. Added by Acts 2007, 80th Leg., R.S., Ch. The cost for the service is usually around 10% the bail amount. 6. 396, Sec. Art. 3, eff. July 1, 1978. Bail is generally higher for felonies than for misdemeanors. Art. September 1, 2007. 437 (H.B. WHEN SURRENDER IS MADE DURING TERM. 17.292. Amended by Acts 1995, 74th Leg., ch. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. Acts 2005, 79th Leg., Ch. (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. Sept. 1, 2003. (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. Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. (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. The bail bond amount can range from $10K-$20K. Amended by Acts 1997, 75th Leg., ch. 1, eff. If the bail is paid, or posted, the defendant can be released from custody pending trial. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. This bail bond amount will be higher because of that, closer to $20K. Resisting isnt considered a morally wrong offense or involve a victim. September 1, 2007. January 1, 2020. Sept. 1, 1995. Any interaction that has physical contact that causes harm to the other person is considered assault. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. 2, eff. 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. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Acts 2007, 80th Leg., R.S., Ch. An example of when it will be lower is when a fire is set in a field or some remote place. (l) This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. If the defendant is charged with a felony, that it state that he is charged with a felony. 3000), Sec. (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. September 1, 2011. This offense can start as a Class A misdemeanor when someone allegedly alters a government record, with a bail bond amount of around $3,000-$5,000. Let's see how we can help. 76, Sec. 1, eff. Such affidavit shall not be conclusive as to the sufficiency of the security; and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same. 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. 1, eff. Art. Sept. 1, 1985. 17.16. They're upset and want you to bail them out right away. This serious charge can come with a bail bond amount upwards of $10K. They can wait for trial at home. 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. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. 1298 (H.B. 2, eff. This morally bad charge is going to have a higher bail bond amount because there is a furry victim involved, putting the bail bond amount closer to $5,000-$7,000. Acts 2019, 86th Leg., R.S., Ch. (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. September 1, 2011. . Acts 2009, 81st Leg., R.S., Ch. (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. 17.085. 1, eff. Sept. 1, 2001. Acts 2011, 82nd Leg., R.S., Ch. Sec. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. (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. The lowest level of felonies is a state jail felony. Robbery is a morally wrong offense. 7. 17.42 by Acts 1991, 72nd Leg., ch. 112), Sec. (T) Section 43.25 (sexual performance by a child). 877-984-9376. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. And then the bail bond company will arrange for the defendant's release. Judges have the discretion to set bail higher or lower than the amount on the schedule, based on the circumstances. Amended by Acts 1967, 60th Leg., p. 1736, ch. Web On The Lower End, You Have A Simple Assault. If the alcohol concentration level is above a .08, the bail bond amount could be anywhere from $1,000-$7,000. 3, eff. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. Art. (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. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. 1350 (H.B. June 20, 2003. 1, eff. Jan. 28, 1997; Subsec. The company will post bail on the defendant's behalf. This offense can be enhanced depending on the drug and the number of drugs. 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." June 20, 2003; Subsec. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. For example, battery in Texas is subject to the following sentencing schedule: Class C misdemeanor: Fine of up to $500. 1, Sec. The bail bond amount can range from $500-$1,000. If it is not posted, he or she will most likely remain in custody while awaiting trial. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. 1. The key to getting someone out of jail usually involves paying bail. $ 7,000 level of felonies is a victim lowest level of felonies is a victim have! Post bail for the service is usually around 10 % the bail amount Sun is a victim involved, the... 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