The ability to make bail shall be considered, and proof may be taken on this point. 1. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. 284(46), eff. So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. 1, eff. 3, eff. (2) requests the assistance of counsel, appointed or retained. Starting December 2. 346), Sec. September 1, 2019. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. Average bail amount for a misdemeanor Misdemeanors in Texas can be as low as $500 for Class C misdemeanors. The spread of COVID-19, or the coronavirus, has impacted bail. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. Unwavering Legal Defense for Your DWI Case (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. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. 659, Sec. Subsec. 3, eff. (i) amended by Acts 1999, 76th Leg., ch. 4.03, eff. This offense can be enhanced depending on the drug and the number of drugs. 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. 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. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). Added by Acts 2015, 84th Leg., R.S., Ch. This charge can be enhanced to a higher felony depending on how many items are obtained, possessed, transferred, or used. Acts 2019, 86th Leg., R.S., Ch. Cole's public defender had argued for release on his own recognizance without setting bail while prosecutors asked for $3,000, records showed. 748 (S.B. In 2016, the actual cost of bonds to individuals and their families in Harris County totaled $4.4 million. 1173), Sec. 2.04, eff. Amended by Acts 1985, 69th Leg., Ch. Bail bonds are the most common way to post bail, especially for severe charges. 1, eff. 6), Sec. (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. The bail bond in this instance would range from $15K-$50K. (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. December 2, 2021. The bail bond in these cases will be much higher, close to $10K or more. 17.27. The prosecutor will argue that it should stay the same. Art. Acts 2013, 83rd Leg., R.S., Ch. 3.06, eff. September 1, 2011. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. Art. (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. Depending on the allegations of this very broad charge, the bail bond amount could range from $15K-$50K. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 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. 1298 (H.B. 618, Sec. Art. 437 (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. (j) amended by Acts 2003, 78th Leg., ch. It is enhanced to a 3rd-degree felony if the offense someone is in jail for was a felony, putting the bail bond amount closer to $10K. the defendant's financial ability to pay bail. RELEASE ON PERSONAL BOND. REQUISITES OF A PERSONAL BOND. This bail bond could go up to $10K because of its seriousness. 5, eff. Second-degree felony charge result in a maximum of 20 years in prison. Jan. 1, 2002. 743 (H.B. 736 (H.B. These Class A misdemeanor charges can have bail bond bonds ranging anywhere from $3,000-$7,000. Jan. 28, 1997. 346), Sec. This charge is enhanced when someone discharges a firearm at someone, making it a 3rd-degree felony. 17.09. 34 (S.B. For example, battery in Texas is subject to the following sentencing schedule: Class C misdemeanor: Fine of up to $500. Acts 2019, 86th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. 17.47 by Acts 2003, 78th Leg., ch. About. The bail bond amount could range from $30K-$500K for a 1st-degree felony. 1, eff. It will also be enhanced to a Class A misdemeanor when someone has previously been convicted of a DWI, and an Ignition Interlock Device will also be required. Because this offense involves a victim and is considered morally wrong, the bail bond amount will likely be on the higher end of about $20K. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. 3165), Sec. (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. Sec. 4, eff. 17.41. WHEN SURRENDER IS MADE DURING TERM. 1, eff. (d) amended by Acts 2003, 78th Leg., ch. (b) In addition to imprisonment, an individual convicted of a felony of the third degree may be punished by a fine not to exceed $10,000. The bail bond amounts for a 3rd-degree felony can range from $10K-$20K. September 1, 2017. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. GENERAL RULES APPLICABLE. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 736 (H.B. 1, Sec. September 1, 2015. Consult our detailed data table on bail amounts to see specific charges and their bail amounts. 5(a), eff. The punishment according to 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.". (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. The next level of a misdemeanor offense that someone can be charged with is a Class B. (a) A magistrate may require as a condition of release on bail or bond of a defendant 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. June 14, 1995. Art. 4. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. This offense can be enhanced to a 3rd, 2nd, or 1st-degree felony depending on what the drug is and the amount. (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. January 1, 2022. Acts 2009, 81st Leg., R.S., Ch. 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. Art. Art. This subsection expires May 1, 2023. Acts 2021, 87th Leg., 2nd C.S., Ch. 515 (H.B. 6), Sec. 17.021. Acts 2011, 82nd Leg., R.S., Ch. The bail bond amount will be closer to $10K. Amended by Acts 1995, 74th Leg., ch. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. 1, eff. Art. Acts 2011, 82nd Leg., R.S., Ch. And it will go after you and your collateral to get back the money it paid to the court. The bail bond amount in this case will range from $10K-$20K. Sept. 1, 1995. In these cases, "child" means a person younger than 17 years of age who is not the spouse of the actor. 593 (H.B. 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. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. BAIL BOND CERTIFICATES. (d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. 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. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. The court may waive the fee or assess a lesser fee if good cause is shown. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 14.21, eff. September 1, 2007. Domestic assault involving threats of harm or provocative or offensive contact constitutes a class C misdemeanor, punishable by a fine of up to $500. Then the bail bond amount can range from $10K-$20K. 318, Sec. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 1, eff. Amended by Acts 1971, 62nd Leg., p. 3046, ch. 4, eff. The bail bond amount could range from $10K-$30K depending on the level of the charge. 11 (S.B. If someone threatens another person with imminent bodily injury or causes physical contact with another who would regard the contact as offensive, this is when an assault charge is classified as a Class C misdemeanor. A 1st-degree felony bail bond amount can range from $30K-$500K. 1, eff. 5, eff. 1, eff. 2, p. 317, ch. 1038 (H.B. Other factors can influence the amount, as well. 1, eff. June 8, 1971. (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. 17.294. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. There is no bail bond amount, and the defendant is released to appear. NOTICE OF CONDITIONS. 7.002(f), eff. Added by Acts 1969, 61st Leg., p. 2033, ch. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. 1, eff. With a victim involved in this morally bad offense, a bail bond amount for this charge is going to be closer to $10K. County Jail, Sheriff & Police Near Collin County, TX + Leaflet | Map data Collin County Detention Facility 1263 (H.B. 375), Sec. It's also important to consider that, regardless of the outcome, your money or collateral could be tied up for weeks, months, or even years while the case moves through court. It will be enhanced to a class A misdemeanor if someone has previously been convicted, if the victim is a child under 18 and commits suicide or gets hurt, or someone has previously violated a temporary restraining order or injunction. 1506), Sec. 17.14. 2, eff. The next level of felony offenses is classified as a 2nd-degree felony. This egregious charge involving a victim will have a bail bond amount closer to $500K. Acts 2019, 86th Leg., R.S., Ch. (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. If an accident is involved, the bail bond will likely be increased, and it could range from $5,000-$8,000. After the hearing in-front of the judge the cost of the bail will be determined. Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. 1276, Sec. (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. (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). Aggravated sexual assault of an adult. June 17, 2011. Subsecs. 1, eff. Added by Acts 1991, 72nd Leg., ch. January 1, 2022. The next level of felony offenses is the 3rd-degree felony. September 1, 2017. 736 (H.B. (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. 4, eff. This is a heinous offense committed against someone else. 7.002(e), eff. 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. 2.08, eff. This offense can also be enhanced to a 3rd, 2nd, or 1st-degree felony. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. The bail bond amount can range from $1,000-$3,000. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. Possession of Marijuana (POM) The bail bond amount can range from $100-$500. (d) The victim of the offense need not be present when the order for emergency protection is issued. 4, eff. Web the bail was granted on furnishing a bond of rs 15,000. As local officials shrink jail populations due to coronavirus, Texas Gov. 5, 6 added by Acts 1995, 74th Leg., ch. 770 (H.B. Sept. 1, 2001. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (d) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. Deadly conduct is a serious charge that can have a bail bond amount in the $5,000 range. those who may already have been infected with the coronavirus. This can become enhanced depending on the value of the service stolen, going all the way up to 1st-degree felony (with every charge in between). (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15 (a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; 12.32 of the Texas Criminal Penal Code, the punishment range for a 1st-degree felony is as follows: (a) An individual convicted of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. 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. 17.023. 2499), Sec. 610, Sec. Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. December 2, 2021. 13, eff. (2) the penalties for violating a condition of release. That includes charges of physically touching the victim or issuing a threat. (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. 17.085. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. September 1, 2007. (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. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. Sept. 1, 1999. June 20, 2003. 2299), Sec. Acts 2007, 80th Leg., R.S., Ch. The court will likely issue a bench warrant for the persons arrest. 2014), Sec. The heinous nature against a child victim will have a bail bond amount as high as $500K. This charge can be enhanced to a Class A misdemeanor depending on whether it is committed in a home or shelter center, or if the person carried a deadly weapon during the offense. DISQUALIFIED SURETIES. 4, eff. Bail Bond Calculator - How Much of A Jail Bond Will You Pay. The bail bond amount can range from $1,000-$3,000. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). (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. Multiple federal courts have found . (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. 1658), Sec. It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. 950 (S.B. 2, eff. With felony charges, bail will be substantially higher (of course). 17.39. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. January 1, 2022. 8), Sec. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. 17.23. 12, eff. they have to pay a bail bond to get released. Art. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. Let's review some of the basics. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. According to Title 1, Art. The fee is usually called a premium and it amounts to 10 to 15% of the full bail amount. (B) any offense involving family violence, as defined by Section 71.004, Family Code. 87 (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. 17.292. Assault on a family member or member of the household is a morally wrong offense that has a complaining witness involved. January 1, 2016. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. For bonds, you're out a bare minimum of the 10% premium no matter what happens. Sept. 1, 1989; Sec. The schedule sets recommended amounts for bail for each type of criminal offense. Acts 2021, 87th Leg., 2nd C.S., Ch. (j) The magistrate may enter an order or take other action authorized by Article 16.22 with respect to a defendant who does not appear capable of executing an affidavit under Subsection (f). It could be as low as a $0 bail bond for 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. 374, Sec. Resources. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. 6), Sec. Acts 1965, 59th Leg., vol. 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. 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