Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. 1506), Sec. General battery ( not causing great bodily harm) against an officer is charged as a third . Art. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. They can also release defendants for no bail, at all. (T) Section 43.25 (sexual performance by a child). Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. The bail bond amount can range from $10K-$20K. Domestic assault involving threats of harm or provocative or offensive contact constitutes a class C misdemeanor, punishable by a fine of up to $500. September 1, 2019. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or. Acts 2007, 80th Leg., R.S., Ch. If the case is resolved and the defendant has not missed an appearance, the bail money will be returned. Acts 2015, 84th Leg., R.S., Ch. 17.17. 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). 5, eff. If an accident is involved, the bail bond will likely be increased, and it could range from $5,000-$8,000. 4. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. September 1, 2011. 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) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or, (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or. Assault with a firearm is often around $50,000. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or, (C) a judge or justice serving under Chapter 74, Government Code; and. (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. DUI arrests don't always lead to convictions in court. 17.39. 657, Sec. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. The bail bond amount for this charge can be upwards of $50K. September 1, 2005. 2.02, eff. 748 (S.B. The bail bond amount can range from $3,000-$7,000. If they are tampered with, they are now the victim of this new offense, which is morally bad. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. Sept. 1, 1989. Please note: Our firm only handles criminal and DUI cases, and only in California. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. 12.33 of the Texas Criminal Penal Code, the punishment for a 2nd-degree felony states that (a) An individual convicted of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (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. The amount of such expense shall be in addition to the principal amount specified in the bond. Most jailhouses will readily provide inmates and suspected offenders with a local bail bondsman office. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. 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. Possession of a Concealed Weapon Bail Amount DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. 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. Art. RECORDS OF BAIL. June 20, 1987. 2, eff. The bail bond amount for this 2nd-degree felony will be closer to $50K. It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. (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. 4.01, eff. This charge will be on the lower side for bail bonds, around $3,000-$5,000, since it isnt a morally bad offense. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. 3, eff. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. (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. What may not be so obvious is where these bail bond amounts come from and what they are based upon. The bail bond amount could range from $30K-$500K for a 1st-degree felony. 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. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. 1st-degree felonies have bail bond amounts that range from $30K$500K. Acts 2019, 86th Leg., R.S., Ch. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound. 1070), Sec. Depending on the intent to which someone tampers with a consumer product, it could be considered a morally bad offense. Amended by Acts 1987, 70th Leg., ch. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. (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. BAIL BOND CERTIFICATES. This charge can also be enhanced depending on the amount of marijuana being delivered. 17.081. The amount of bail depends on the offense being charged and the court hearing the case. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. (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. Class A misdemeanor bail bond amounts can range from $3,000-$15K depending on the offense. 17.29. 6), Sec. 2, eff. 936 (S.B. This form is encrypted and protected by attorney-client confidentiality. 4, eff. 87 (S.B. 599), Sec. For example, battery in Texas is subject to the following sentencing schedule: Class C misdemeanor: Fine of up to $500. A personal bond may be taken of a witness by the court before whom the case is pending. (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. (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. Being arrested for a crime does not necessarily mean you will be convicted. It is extremely morally wrong. June 20, 1987; Subsec. 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. The next level of a misdemeanor offense that someone can be charged with is a Class B. 1, eff. The bail for felony charges can range between $1,500 and $5,000. 17.51. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. Aug. 30, 1971. September 1, 2021. The suspect was out of jail on a $15,500 bond after allegedly assaulting a sheriff's deputy. 697, Sec. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. Courts can even release defendants on personal recognizance. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. 17.14. (3) the magistrate demonstrates competency as provided by Subsection (b). (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. 1174 (S.B. 1506, Sec. 224 (H.B. The bail bond amount for this 3rd-degree felony can range from $15K-$50K. This offense is enhanced to a Class B misdemeanor when a deadly weapon is displayed or discharged. (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (4) the attorney representing the state. September 1, 2021. 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. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. A bail bond amount for this charge will be closer to $3,000-$5,000. The company will post bail on the defendant's behalf. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. Art. September 1, 2021. Art. 7.002(f), eff. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. (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. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. (h) A defendant described by Subsection (f) may file an affidavit under Subsection (f) at any time before or during the bail proceeding under Subsection (a). 3000), Sec. (f) To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection. 1276 (H.B. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. This is an egregious offense with a victim involved. 942, Sec. The bail bond amount can range from $100-$500. Amended by Acts 1971, 62nd Leg., p. 3045, ch. 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. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. Acts 2017, 85th Leg., R.S., Ch. The bail bond amount for this can range from $15K-$50K. Added by Acts 2009, 81st Leg., R.S., Ch. 623, Sec. This bill, called the Damon Allen Act - named after a Texas State Trooper killed during a traffic stop by someone who was out on . 17.291. September 1, 2011. Art. County Jail, Sheriff & Police Near Collin County, TX + Leaflet | Map data Collin County Detention Facility 4. 17.49. Art. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. Sec. Acts 2011, 82nd Leg., R.S., Ch. Web By Filane Mikee Cervantes February 17, 2020, 6:16 Pm. 766), Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 588, Sec. 12.34 of the Texas Criminal Penal Code, the punishment for a 3rd-degree felony states, (a) An individual convicted of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. 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. (d) added by Acts 2003, 78th Leg., ch. (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. June 20, 2003; Subsec. 1, eff. On top of that, if you violated a restraining order, bail could go $10,000 or $20,000 higher. In return for paying a nonrefundable fee, a bail bond company agrees to put up the full amount of the bail. A bail bond amount for that will be on the lower side of about $1,000. 17.37. Art. 5(a), eff. If there are no injuries, then the lower amount of $5,000 is more likely, with some bodily injury resulting in higher bail cost. The witness in this case is part of an already pending case. (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; January 1, 2022. Acts 2005, 79th Leg., Ch. After the hearing in-front of the judge the cost of the bail will be determined. 1113 (H.B. CONDITION WHERE CHILD ALLEGED VICTIM. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. The bail bond in this instance would range from $15K-$50K. It will be enhanced to class A or state jail felony depending on previous convictions. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. REPORTING OF CONDITIONS. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. September 1, 2017. It can go all the way up to a 1st-degree felony (with every charge in between). 6(a), eff. This offense can be enhanced depending on the value of the property stolen, going all the way up to a 1st-degree felony (with every charge in between). (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Acts 2017, 85th 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. (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. 978 (H.B. He will never represent a bad person, only good people who got caught up in a bad situation. (2) has been issued a certificate under Subsection (d) with respect to that county. 17.18. (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. 11 (S.B. (b) This article may not be construed to extend any deadline provided by Article 15.17. Acts 2005, 79th Leg., Ch. It is enhanced to a 3rd-degree felony when someone has been convicted two or more times or violated the order by committing an assault. If you are approached by a police officer, and they ask you to identify yourself and you do not, you could be charged with a Class C misdemeanor, and be released to appear. 736 (H.B. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. (936) 539-4444. September 1, 2005. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. (d) amended by Acts 2003, 78th Leg., ch. Some courts may be more willing to let defendants out on reduced bail or on personal recognizance if they are at risk for the disease. (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. (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. (2) a two-hour continuing education course. 1, eff. The defendant will have to wait for trial behind bars. Acts 2009, 81st Leg., R.S., Ch. The lowest level of felonies is a state jail felony. 17, eff. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer 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). 6), Sec. September 1, 2005. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. Bail Bond Calculator - How Much of A Jail Bond Will You Pay. Added by Acts 1985, 69th Leg., ch. June 14, 1995. This bail bond amount can be upwards of $500K. 3. The . (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. 1, eff. 3. Subsec. (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. (b) In addition to imprisonment, an individual convicted of a felony of the second degree may be punished by a fine not to exceed $10,000. Bail bond amounts for a 2nd-degree felony can range from $15K-$50K. The punishment according to Sec.12.21 of the Texas Criminal Penal Code states, An individual convicted of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. The bail bond amount for criminal homicide will be closer to $500K. 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. 66 (S.B. 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