(2) current on all filings required by the Internal Revenue Code. Acts 2011, 82nd Leg., R.S., Ch. REPORTING OF CONDITIONS. (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). Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. December 2, 2021. September 1, 2011. It gets enhanced to a Class A misdemeanor when someone causes bodily injury to another. January 1, 2022. 1823), Sec. 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. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. 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. 17.36. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. If the defendant misses a court date, the bail bond company loses the money it posted. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. 1, eff. WHEN SURRENDER IS MADE DURING TERM. A bail bond amount for this offense can be closer to $15K. (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. A felony conviction can land you in prison. 1, eff. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. 2. (B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. Depending on the amount of monetary loss, this offense can be enhanced to a 1st Degree Felony (with every charge in between). Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000. (d) amended by Acts 2003, 78th Leg., ch. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). About Bail. 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. If someone has a weapon near a school, this is going to be way more of a problem. The bail bond amount can range from $10K-$20K. 17.16. 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. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 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. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. Acts 2021, 87th Leg., R.S., Ch. 284(46), eff. Definitely recommend! ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. (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). Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). 1, eff. (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. 5, eff. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 787, Sec. Since stalking will always have a victim, a 3rd-degree felony stalking charge will come with it a bail bond closer to $20K. Evading usually isnt considered a morally wrong offense or involve a victim. It is enhanced to a 2nd degree if someone has been previously convicted, with a bail bond amount closer to $50K. Sept. 1, 1995. (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. 1, eff. 656, Sec. REQUIRED TRAINING. DISQUALIFIED SURETIES. 3060), Sec. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. SURETIES SEVERALLY BOUND. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. 17.48. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. Sept. 1, 1995. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. 346), Sec. Allen was killed during a traffic stop in 2017. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. If this offense is charged in conjunction with a pending 1st-degree felony case, the tampering charge will be filed as a 1st-degree felony, the bail bond amount will be on the higher side, closer to $100K. (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.". A DWI is enhanced to a 3rd-degree felony when someone has been convicted of a DWI two or more times. 17.14. 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. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. Acts 2015, 84th Leg., R.S., Ch. 1113 (H.B. 785, Sec. 1st-degree felonies have bail bond amounts that range from $30K$500K. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. 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. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. (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. Art. 3.06, eff. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 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. If you are charged with a Class B or Class A misdemeanor, and you do not show up for one of those court dates, the Bail Jumping and Failure to Appear Charge will be enhanced to Class A misdemeanor charge. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. In Texas, a bail bond is money required by a court for a criminal defendant to be released after an arrest. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. Sept. 1, 1999; Subsec. September 1, 2007. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 76, Sec. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. Sept. 1, 1999. 1412, Sec. They can wait for trial at home. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. The amount of bail depends on the offense being charged and the court hearing the case. September 1, 2011. Choi's ex-husband, his father and his brother have been arrested and charged with . May 11, 2007. Amended by Acts 1987, 70th Leg., ch. The benefit of waiting is that the judge might reduce or waive the bail amount. 1276, Sec. 1, eff. 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. 1. (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. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. (2) in compliance with the training requirements of Article 17.024. September 1, 2019. Art. 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. 3.08, eff. Sept. 1, 1989; Sec. September 1, 2007. (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. 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