April 5, 2001. (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. What may not be so obvious is where these bail bond amounts come from and what they are based upon. 17.13. 1047, Sec. September 1, 2007. 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. Second-degree felony charge result in a maximum of 20 years in prison. This depends on whether it was committed negligently, recklessly, intentionally, or knowingly. DEFINITION OF "BAIL". (d) amended by Acts 1999, 76th Leg., ch. 17.033. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. Sept. 1, 1999; Subsecs. Lawsuits for Dangerous Drugs & Medical Devices. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999. 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. Texas Legislature 2021. Art. Its enhanced to state jail felony if someone has previously been convicted. A 3rd-degree felony will have a bail bond of about $20K, a 2nd-degree felony of $50K, and a 1st-degree felony of $100K. 34 (S.B. It's the middle of the night and you get a call from a friend or loved one who has been arrested. 17.19. 1. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 807 (H.B. 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.". A DWI is enhanced to a 3rd-degree felony when someone has been convicted of a DWI two or more times. Consult our detailed data table on bail amounts to see specific charges and their bail amounts. Web By Filane Mikee Cervantes February 17, 2020, 6:16 Pm. 1488), Sec. 6), Sec. (f-1), (f-2), (n) added and Subsec. Acts 1965, 59th Leg., vol. 743 (H.B. (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). (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Criminal homicide can include the following charges: Murder, Capital Murder, Manslaughter, or Criminally Negligent Homicide, These are the worst offenses that someone can commit. The fine for this felony can be a maximum of $1,500. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. (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. With a victim involved in this morally bad offense, a bail bond amount for this charge is going to be closer to $10K. 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. Because this 2nd-degree felony charge is morally bad and will have a victim or victims involved, the bail bond amount will be closer to $50K. 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. 17.15. The bail bond amount can range from $3,000-$7,000. When defendants cannot make bail, they can call a bail bond company. September 1, 2007. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. 4. RELEASE ON PERSONAL BOND. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. And then the bail bond company will arrange for the defendant's release. Art. defendants with underlying medical conditions, especially respiratory problems, and. December 2, 2021. A 1st-degree felony bail bond amount can range from $30K-$500K. 11 (S.B. Bail is security (money or property) that a defendant (or someone on the defendant's behalf) posts with a court. (3) demand surrender of the suspended license from the license holder. 1, eff. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. 12.22 of the Texas Criminal Penal code states, An individual convicted of a Class B misdemeanor shall be punished by:(1) a fine not to exceed $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. Bail bond amounts for a Class B misdemeanor can range from $100-$8K depending on the offense. 17.35. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. Added by Acts 2001, 77th Leg., ch. (B) involves violence directed against a peace officer. Acts 2021, 87th Leg., 2nd C.S., Ch. (c) As soon as practicable but not later than the next day after the date a magistrate, in a case described by Subsection (b), revokes a bond that contains a condition, modifies the terms of or removes a condition of bond, or disposes of the underlying criminal charges, the magistrate shall notify the sheriff and provide the sheriff with information that is sufficient to enable the sheriff to modify or remove the appropriate record in the database. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. Acts 2021, 87th Leg., R.S., Ch. Before posting bail and being released, a defendant must complete the booking processa bureaucratic and, often, humiliating procedure. 17.17. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 3, eff. 1, eff. Jan. 1, 2002. September 1, 2019. The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. The bail bond amount could range from $10K-$30K depending on the level of the charge. How do you post bail for someone? 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. Allen was killed during a traffic stop in 2017. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (c-1) In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order. This charge is enhanced to a 3rd-degree felony when a weapon is involved. The bail bond amount can range from $5,000 to $250,000, depending on the county. For example, if your bail is set to $10,000, you might be able to pay a bail bondsman $1,000 for them to post bail on your behalf. A bail bond service is similar to a loan company. WHEN A BAIL BOND IS GIVEN. (4) the court that issued the order releasing the defendant on bond. With victims involved and being morally reprehensible, the bail bond amount can be as high as $500K. 3751), Sec. 17.028. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. (k) A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. 17.40. Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault, and other sex crimes. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. 17.42 by Acts 1991, 72nd Leg., ch. 424, Sec. A bail bond amount could range from $5,000-$10K when this offense is charged as a state jail felony. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. (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. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. 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. SECURITY OF WITNESS. Each court has its own bond schedule. (936) 539-4444. (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. 942, Sec. Acts 2009, 81st Leg., R.S., Ch. 4.03, eff. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. 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. To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. 737), Sec. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 505 N Frazier St. Conroe , TX. Added by Acts 1993, 73rd Leg., ch. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. September 1, 2015. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). (b) In addition to imprisonment, an individual convicted of a felony of the first degree may be punished by a fine not to exceed $10,000. The bail bond amount for a 1st-degree felony can range from $30K-$500K. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. Art. 3692), Sec. (f-1) A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System. This subsection expires May 1, 2023. 2, p. 317, ch. This offense can also be enhanced to a 3rd, 2nd, or 1st-degree felony. (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. 2390), Sec. WHEN SURRENDER IS MADE DURING TERM. 6), Sec. 255 (H.B. 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. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). September 1, 2017. So having a gun at a bar on 6th St. in Austin is going to come with a bail bond amount that will range from $10K-$20K. 1276, Sec. In 2016, the actual cost of bonds to individuals and their families in Harris County totaled $4.4 million. 17.16. It is extremely morally wrong. 17.47. The range for bail cost on a Hit and Run is $5,000-$10,000 but can be up to $50,000 in some states if death occurs as a result of the hit and run. 515 (H.B. Jan. 28, 1997. Robbery is a morally wrong offense. 2, eff. (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. 9, eff. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released; and. (2) offered by an accredited institution of higher education in this state. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. (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. (d) A capias for the arrest of the accused is not required if: (1) a warrant has been issued for the accused's arrest and remains outstanding; or. 6), Sec. Lets give you an example of a bail bond amount. 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. Visit our California DUI page to learn more. This charge can also be enhanced depending on the amount of marijuana being delivered. EXEMPT PROPERTY. (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. (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. If the defendant is charged with a felony, that it state that he is charged with a felony. Subsec. 1, Sec. September 1, 2009. BAIL BOND CERTIFICATES. 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. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. 1064 (H.B. Art. Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. How Much is Bail for DWI in Texas? 2.01, eff. January 1, 2008. 1341, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. Written by Eric Torberson in Criminal Defense Bail for DWI in Texas depends on the level of the offense just like any other charge. 14.19, eff. 7.002(e), eff. June 17, 2011. 3582), Sec. September 1, 2021. 232 (H.B. 593 (H.B. 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