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If a judge has indicted the defendant the attorney will file a Motion for a Bond Reduction. The attorney will then either agree with the State for a lower bond amount or put on a hearing in front of the Judge, similar to the Writ process.Bond Reduction Requirements and Hearing
Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment. In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won’t flee before your trial.The Department of Justice comes out with and periodically updates its schedule of recommended bail depending on the offense involved. If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.
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How can I lower my bond in Texas?
Bond Reduction Requirements and Hearing
Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment. In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won’t flee before your trial.
What is motion to reduce bail?
The Department of Justice comes out with and periodically updates its schedule of recommended bail depending on the offense involved. If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.
How do you reduce a bond?
Generally, the defendant can request a lower bond and release from jail by motion. A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail).
How long can they hold you in jail without a bond in Texas?
According to Texas Code of Criminal Procedure §17.151, the state must either release you on a personal bond or reduce your bail if it is not ready to proceed to trial in a specified length of time. You must have a bond set or have your bail amount reduced if you have been held for: 90 days if accused of a felony.
Bail me out: Remedies after arrest
However, under Texas Code of Criminal Procedure §17.152, bail may be denied if the court finds:
You have violated a court order or bond terms in a case of domestic violence.
It is believed that someone’s safety is at risk.
The safety of the community is believed to be at risk.
You were in a prohibited area and are believed to be a potential hazard.
Under Article 17.153 of the Texas Code of Criminal Procedure, you may also be refused bail if a child is the alleged victim of the crime for which you were arrested.
No one wants to spend a night in jail if they can avoid it. If you have been arrested and may not be released on bail, you have the right to seek the help of a lawyer. A legal team can act on your behalf with the ultimate goal of having the charges against you dismissed.
Factors a judge will consider when determining bondage
When a judge sets bail for an accused person, he considers the following:
The person’s ability to pay. The judge cannot set a “pressing” bond.
The type of crime the person is charged with
Whether the amount of bail would oblige the accused to appear (i.e. the amount of bail should only be enough to ensure the person appears in court)
The safety of the victim as well as that of the community
Whether the judge believes the accused will appear in court
A judge can also set binding conditions. If you breach these terms or face new charges, the judge may revoke your bail.
For legal advice, call 713-225-1900
They cannot be held indefinitely without attachment
If you are arrested and charged with assault or another criminal offense, you can be held without bail if the court deems it necessary. In general, you can’t be held forever without a bond.
According to Section 17.151 of the Texas Code of Criminal Procedure, the state must either release you on personal bail or reduce your bail if it is unwilling to go to court within a certain amount of time. You must have bail or have your bail reduced if you are being held for any of the following reasons:
90 days on a felony charge
30 days for those accused of an offense punishable by more than 180 days’ imprisonment
15 days for those accused of an offense punishable by less than 180 days’ imprisonment
5 days if charged with a misdemeanor with no possible prison sentence
If you believe you should have been released on bail (or you have served your allotted time without bail), an attorney can fight for your release. The consequences of being arrested and being denied bail don’t have to negatively impact your personal, social and professional life.
A defender can fight for you
Fighting assault charges alone can be daunting. You don’t have to fight alone. A criminal defense attorney in Houston, Texas can help minimize the potential damage to your community and career reputation. When a criminal defense team works for you, they can:
Work hard to get released on bail or bail
Evaluate your case carefully and confidentially
Make sure your rights have not been and will not be violated
Negotiate a layoff or fee reduction
Our goal is to fight hard for your future and work diligently to get the charges against you dismissed. Avoid the possibility of extended time in prison and the potentially damaging effects of an arrest or conviction. Legal representatives can help protect your good name, career, and family.
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Blass Law fights hard for every client
If you or someone you love has been arrested, you can be held without attachment. Our goal is to make sure you have the team and tools you need to earn bail and defend yourself against charges. When you face an uncertain future, you don’t have to face it alone.
Contact the Blass Law criminal defense team today at (713) 225-1900.
Call or text 713-225-1900 or fill out a case evaluation form
Do bonds get reduced?
Motions for Bond Reductions are filed in Court when a person can’t afford to get out of jail. Hiring a private criminal defense attorney may get you a court hearing quicker. It’s a hearing where your lawyer asks the judge for a lower bond amount.
Bail me out: Remedies after arrest
Bond is the amount of money someone has to pay to get out of prison after being arrested. Paying the money will ensure their appearance at future court dates. If the person doesn’t show up, they lose the money. All of it.
To get out of jail someone must either hire a serf and pay him 10% of bail or actually go to jail and pay full bail. If you pay the full amount, you will get that money back provided you don’t miss a court date. If you pay a debtor 10%, you won’t get that money back. Hiring a bail bond attorney is often cheaper than paying a bail bondsman.
For example, to get out of jail for a DUI, you might have to pay $500. But for a third-degree felony, like grand theft, the amount could be $5,000. Depending on the circumstances, this amount may be higher or lower – these are just examples. Pinellas and Pasco counties have proposed bail amounts for all crimes. These can be found on the Sixth Judicial Circuit website. Here is the link for Pasco County and for Pinellas County.
What if I can’t afford to pay the deposit?
Then you’re in jail until your court date. Experienced criminal defense attorneys, such as those at Pawuk & Pawuk, can schedule a court date and argue on your behalf that you need a bail reduction. We are often able to release people based on their own recognition or ROR.
The judge considers the following factors when deciding whether or not bail should be reduced:
Threat of harm to the victim or society
A person’s ties to the community, e.g. B. if she has family in the area, has a full-time job, owns a home, etc.
Criminal Records and/or Failure to Appear in Court (FTA)
The seriousness of the offense – if you are accused of murder the bail is clearly higher than if you are accused of petty theft.
The evidence of guilt – for example, if there were 10 witnesses who saw you shoot someone, that’s pretty clear evidence of guilt.
Ability to Pay – A judge asks about a person’s financial resources to determine how much the bonds should be.
Keep in mind that there are several crimes that require a judge to break or ban any type of binding. Domestic violence is one of them. You won’t get bail when you’re arrested, you’ll have to wait for a judge. Murder is another. You may eventually be able to get bail, but this is where hiring an attorney to represent you becomes important.
Contact our Pasco County criminal defense attorneys
Questions? Call us today at (727) 372-3111!
How long can a felony charge be pending in Texas?
The current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges. Once their particular waiting period has passed, an individual can petition for expunction.
Bail me out: Remedies after arrest
Understand probable cause scenarios
If an arrest occurs after a person has been detained, the officer must present evidence of the probable cause of that arrest to a judge. In her case, the arresting officer may have failed to demonstrate a probable cause. Otherwise, the arrest cannot be justified ex post facto (i.e. no arrest warrant can be issued) and no charges can be brought. Even if someone had already been arrested, no arrest warrant could be justified without a reason for the arrest. No charges could be brought as the arrest had no justifiable basis.
Of course, this does not erase an arrest from the person’s record, and they will still have endured the stress and agony of arrest and imprisonment. But it does make them eligible to apply for excision. Another possibility is administrative supervision. Instances where never-before-seen Texas charges are overturned can occur when an officer has forgotten or lost paperwork. There are many reasons why charges might not have been filed and therefore many reasons someone might later be entitled to expunction.
limitation periods and waiting periods
Every administrative offense and criminal offense becomes statute-barred. This is the time that can legally elapse between the commission of the crime and the indictment, which can be years.
That’s a long time to be in limbo, not asking for an apology, and knowing that at any moment the other boot can fall and they may face arraignment in an arrest they thought they made years ago . Until recently, innocent people had to wait until the statute of limitations had expired before filing an exemption request.
In 2011, legislation was passed to give relief to people trapped in this queue. If charges are never brought, someone can seek an overturn well before the statute of limitations expires, depending on the seriousness of the charges. Current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felonies. After the respective waiting period has expired, a person can apply for exmatriculation. Of course, this discharge statute was not without compromises.
Advantage of a lawyer in the Expunction process
Although your records will be deleted and you can legally deny that the arrest ever took place, law enforcement officials may require copies of your records to be kept while they are still investigating your case. Since the statute of limitations has not yet expired, they can still charge you up to this point.
The solution to this is to have the prosecutor certify that the records of your arrest are no longer needed and can be completely destroyed with your expunition. Once your arrest records are confirmed to be no longer useful, they can be destroyed in their entirety. It should be noted that the reduced waiting period only applies if your indictment was not accompanied by other criminal charges relating to the same offence.
If you’re arrested for possession of a controlled substance worth a felony and a Class C paraphernalia misdemeanor charge, you can’t just wait 180 days and have your paraphernalia arrest cleared. You must wait until the statute of limitations for the crime has passed before requesting the expuntion. Contact a criminal defense attorney to defend yourself in the event of a never-before-seen charge being dismissed in Texas.
For more information on this subject, please contact our Texas Criminal Defense Group experts at (866) 557-4343 or through our contact page.
How do I get around a cash only bond?
If a defendant needs to post a cash-only bond, there are a few ways to get this done. A family member can post it, the defendant can post it, or a third party can post it. There are some bail bond agencies that work with cash-only bonds. In some cases, it is preferred to work with a bail bond agency.
Bail me out: Remedies after arrest
Some people who are accused of a crime and are awaiting a court date are only required to pay bail in cash. But what is a cash-only bond and why would a court issue this type of bond over others?
What is a cash-only bond?
In most cases, a defendant can work with a bail agent to collect his bail. With a bail bond agency, a defendant is typically only required to pay a percentage of the bail bond amount. However, in some cases a person may be asked to pay their security deposit in cash. This is known as a cash deposit and the defendant is responsible for paying the full amount of the deposit in cash (or with a credit/debit card).
There are many ways to raise the money for a cash bond — like selling cars or boats, getting a cash advance from a credit card, or asking a friend or family member to help.
Why should you get a cash-only bond?
A cash bond could be viewed as a form of insurance or even a form of punishment. These bonds are issued by the court when certain circumstances exist. Here are some reasons why a cash bond might be issued:
They are considered a high flight risk
They have warrants from multiple areas
You’ve had trouble appearing in court before
They had problems paying previous fines
Who can deposit a cash-only bond?
If a defendant is required to post cash bail, there are several ways to do so. A family member can post it, the defendant can post it, or a third party can post it.
There are some deposit agencies that only work with cash deposits. In some cases it is advisable to work with a deposit agency. This is because if additional fines are imposed, the court will likely keep the booked cash and use the money to pay those fines.
Are you getting a cash-only bond back?
If a defendant is found not guilty of a crime, the money from a cash-only bond is returned. However, if the defendant is found guilty, the court may withhold some or all of the cash to pay fines, penalties, or other costs related to the court proceeding.
If for any reason the defendant fails to appear in court or fails to meet all bail conditions, the money may be forfeited and withheld by the court.
Have more questions about cash-only bonds?
Here at Cowboy Bail Bonds we have decades of experience providing bonds for Bakersfield and can help answer more questions such as what is a cash only bond. If you would like more information about security deposits in Bakersfield, please call us at (661) 324-6009 or fill out our online contact form.
More information about the deposit:
What kind of evidence tends to prove a defendant’s innocence?
Lesson Summary. Exculpatory evidence is any reasonable evidence that tends to show the defendant’s innocence. Any exculpatory evidence the prosecutor or law enforcement has is called Brady material, and the requirement to turn Brady material over to the defense is called the Brady rule.
Bail me out: Remedies after arrest
When can a bail be forfeited?
If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show why no judgment should be rendered against them for the amount of their bail.
Bail me out: Remedies after arrest
forfeiture of the deposit
Sec 21. Forfeiture of bail. – If the court or these rules of procedure require the presence of the accused, his serfs will be notified to bring him before the court at a specified date and time. If the accused does not appear in person as requested, his bail will be forfeited and the bondmen will be given thirty (30) days to present their principal sum and explain why they should not be sentenced on their bail.
Within this period the serfs must:
(a) provide the body of their client or state the reason for its non-submission; and
(b) explain why the accused did not appear in court when asked to do so.
If these two conditions are not met, the serfs will be judged jointly and severally as to the amount of the deposit. The court shall not reduce or otherwise mitigate the liability of the serfs unless the accused is surrendered or acquitted.
WHAT DO BONDSMEN UNDERTAKE UNDER THE BOND?
> If the accused is required to appear, the guarantors must be notified to bring the accused before the court at a specific time
> If the accused fails to appear as requested, bail will be forfeited and the serfs will be given 30 days to produce the accused and explain why they should not be sentenced to bail
> Within 30 days, the serfs must:
1. Craft the accused’s corpse
2. Explain satisfactorily why the accused failed to show up when asked to do so
o If they fail to meet these requirements, the court will issue a bail judgment against them.
WHAT EFFECT DOES THE ACCEPTANCE OF THE DEPOSIT OBLIGATION HAVE?
> The guarantors become legally the client’s prison guards
> Their custody of him is a continuation of the original confinement, and while they cannot actually incarcerate him, it devolves to all other rights and means available to the
government possesses to exercise their control over him if the accused bails and the trial proceeds and the serf upholds his obligations and bonds
IN WHAT DISCRETION DOES THE REDUCTION OF A BONDSMAN’S LIABILITY UNDER THE PAST BOND OCCUR?
> It is entirely at the discretion of the trial court
> To be denied or granted in court, as the case may be, and the exercise of that discretion will not be affected by appeal unless there has been a gross misuse of power
were committed or circumstances exist which the court did not take into account
WHAT IS THE BONDSMAN’S OBLIGATION IF AN ACCUSED IS REQUIRED TO APPEAR?
> Notification of the accused alone is not sufficient.
> The servant is obliged to produce the identity of the accused when his appearance is required by the court, showing that mere notification is not sufficient, but that the servant must make every effort to see that he actually appears
> Failing this, the trial court may find them negligent in the performance of their duties, which the SC must not interfere with
WHAT ARE THE CONDITIONS TO JUSTIFY THE BONDSMAN DISCLAIMER?
> Within 30 days, the serfs must:
1. Craft the accused’s corpse
2. Explain sufficiently why the accused did not appear and when
initially asked to do so
> The servant’s failure to produce the accused when requested by the court and the subsequent production does not relieve the servant of his liability unless he gives satisfactory reasons for doing so
failed to show up when first requested
> SATISFACTORY DECLARATION – force majeure, act of creditor, legal act exonerating guarantors. If the accused has died, the fact of death must precede the injury and the fact of death must be established by competent evidence for guarantors to be released from liability.
Do you get a bond for failure to appear?
If a person is arrested for failure to appear, the judge may require a bail or bail bond before the person can be released from custody. The bail for failure to appear will generally include a fine for the failure to appear in addition to all of the fines and possible punishments related to the original charges.
Bail me out: Remedies after arrest
If a person is arrested for a crime, they will be released from custody under investigative conditions. Sometimes this release is based on bail or bail paid to the court. Sometimes a person gets out of jail OR on their own. Whether bail is required or not, certain conditions apply to pre-trial release from prison. These terms always include a promise by the accused to appear in court at all proceedings related to the case against him. If the defendant fails to appear in court for this trial, he will be charged with non-appearance and an arrest warrant will be issued. This new charge is in addition to all other charges already faced by the defendant.
If you or someone you care about is facing an FTA warrant, Mr. Nice Guy Bail Bonds can help. Don’t wait to get arrested on an unrelated charge and then sent to jail, let Mr. Nice Guy Bail Bonds and one of his licensed, professional agents help you through the FTA bail bond process to put you before you getting out of jail always have to go. For FTA Bail Assistance, call Mr. Nice Guy Bail Bonds today at (844) 400-2245.
Non-appearance
If a person is charged with a crime, they consent to appear at a court hearing related to that crime. Failure to appear at these court hearings may result in a non-appearance charge. This new charge of non-appearance is in addition to the original charges faced by the defendant.
A bank order may be issued to the person who fails to appear at a court hearing in connection with a criminal complaint against them. This warrant is often referred to as a no-show warrant. If you are prosecuted and are out on bail, you must appear at all court proceedings related to your arraignment to avoid a non-appearance charge.
If a person is arrested for failing to appear, the judge may require bail or bail before the person can be released from custody. No-show bail generally includes a no-show fine in addition to any fines and potential penalties associated with the original charges. All of these amounts combined can be more than an individual can easily afford. This is when a bail bond agent can be the most helpful.
Bail bonds companies such as Mr. Nice Guy Bail Bonds can, for a flat fee, post bail with the court that allows a defendant to be released from prison even after a no-appearance warrant has been served on them. The fee for FTA security deposits is generally 10% of the total cost of the deposit, although Mr. Nice Guy has several discounts and payment plans that can make getting no-show deposits very affordable.
Call Mr. Nice Guy at (844) 400-2245 for more information on FTA Bonds.
FTA
When a person is charged with a crime, they usually have the option to post bail and get out of jail while they go through the trial against them. During this period of pre-trial release, the accused must meet certain conditions, including ensuring that he or she appears at all court hearings related to the charges against him.
Failure to appear at a court hearing related to her charges will result in an additional charge of non-appearance and the issuance of a bank order for her immediate arrest. If a person is arrested on an FTA warrant, they must appear before the judge who ordered the arrest and explain why they did not appear.
Before a person with an FTA warrant can be released from prison, the defendant must pay all bail related to the no-show charge and the original charges for which they have already been released. That can add up to quite a sum, as bail amounts can range from a few hundred to hundreds of thousands of dollars, depending on the fees.
If a defendant cannot pay the required bail in cash, he or she may hire a bail bond agent to act on his or her behalf and post bail to the court in lieu of full bail. This service costs a fraction of the full deposit cost, typically 10%.
Mr. Nice Guy Bail Bonds can help you with an FTA warrant and help you avoid being arrested again. Mr. Nice Guy works hard to save you money on FTAs and never charges hidden fees or annual renewal fees should your case take longer than a year to complete.
For FTA warrant assistance, call Mr. Nice Guy Bail Bonds today at (844) 400-2245.
How much is a no show deposit?
No-show charges can be as high as $10,000 if you were already out on bail before you failed to show up. Failure to appear may also result in imprisonment if you are convicted of the crimes you are charged with if you fail to appear.
Once a person is arrested for failing to appear, the judge may require full payment of the bail required for the initial charge and for failing to appear before the accused is released. The amount of bail for misdemeanors and criminal offenses varies depending on the seriousness of the charge.
Examples of administrative offenses bail
Administrative Offense Fees PC Violation Deposit Amount
Violation of Probation PC 1203.2 $5,000
Carrying a Concealed Firearm PC 12025(b)(7) $5,000
Exhibition of Firearms PC 417(a)(2) $10,000
Indecent exposure PC 314 $5,000
Possession of Obscenity Underage PC 311.11(a) $10,000
Failure to register as a sex offender PC 290 $10,000
Violation of a Protection Order PC 273.65 $10,000
Emergency Personnel Intervention PC 148.2 $5,000
Assault on a Peace Officer PC 241 $10,000
DUI Alcohol or Drugs PC 23152(a) $5,000
Examples of penalty deposits
Bail amount for offenses of injury
Use of a Minor to Commit a Drug Offense HS 11380.1(a)(1) $20,000
Drug Offenses Commission with PCP HS 11370.4(a)(2) $30,000
Near School Drug Crimes Commission HS11353.6(b) $40,000
Drug offense involving a minor 4 years. Ynger HS11353.6(c) $40,000
Inducing a Minor to Commit a Drug Offense HS 11343.2(a)(1) $10,000
Hate Crimes PC 422.75(a) $20,000
Carrying a firearm during Com. of Crime PC 12021.5(b) $20,000 – 30,000
Theft over $100,000 PC 1203.045 $50,000
Firing a firearm in the comm. of crime PC 12022.53(c) $200,000
Before being released following a no-show arrest, the FTA fine is added to the bail amounts required for the original charges that caused the FTA. This amount can easily run into the tens and even hundreds of thousands of dollars. For many people, the cost of bail is more than they can afford.
Mr. Nice Guy Bail Bonds can help you arrange a no show bail as well as the other bail amounts you may be facing. The cost of security deposits is set by the State of California at a minimum of 10% of the total cost of the security deposit. While all bail bonds companies are required to charge this flat 10% fee, Mr. Nice Guy Bail Bonds has several ways to help you save money on FTA surety bonds and offers payment plans with down payments as low as 0%. For the best price on FTA bail bonds, call Mr. Nice Guy at (844) 400-2245.
bank order
A warrant is a warrant issued by a judge. There are many reasons a judge might issue an arrest warrant, including a person’s failure to show up for a court hearing or other proceeding against them. A judge may issue a warrant for:
Failure to appear in court for a trial, arraignment or hearing.
Not paying a ticket or fine.
Failure to meet the terms of parole or probation.
Failure to meet the condition of the deposit.
An indictment by a grand jury.
Mr. Nice Guy Bail Bonds can help you find out if there is a bank order against your arrest and help you clear it up before you end up behind bars. Call Mr. Nice Guy Bail Bonds at (844) 400-2245 for bank order assistance.
Is a warrant the same as a no-show warrant?
Bench warrants are a type of warrant where a warrant is issued “by the bank” or by a judge for someone. There are many reasons a judge might issue an arrest warrant, including a person’s failure to show up for a court hearing or other proceeding against them. A judge may issue a warrant for:
Failure to appear in court for a trial, arraignment or hearing.
Not paying a ticket or fine.
Failure to meet the terms of parole or probation.
Failure to meet the condition of the deposit.
An indictment by a grand jury.
No-Show Warrants are just one type of Bank Warrant. If you suspect you have a no-show warrant or other charge, Mr. Nice Guy Bail Bonds can help you find out if you have a warrant and help you clear it so you don’t have to go to jail walk. Call Mr. Nice Guy at (844) 400-2245 for assistance with bank orders or bail no-shows.
How long can you be held in jail before seeing a judge in Texas?
Generally, you’ll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.
Bail me out: Remedies after arrest
The exact procedure varies from district to district. Generally, you will be sent to the local county jail and appear before a judge within 24 to 48 hours. This judge will formally inform you of the charges against you, set bail for you, and give you a date for your first appearance in court.
Most of my clients are arrested and charged in Harris County. Below is a summary of what happens to you in Harris County in the first 24 to 48 hours after your arrest.
After you are arrested, the police officer will take you to either the police department jail directly or the Harris County Jail. Whether you go to the police department jail or the Harris County jail depends on which police department is arresting you and how busy things are during that shift. If you are taken to the police department jail, you will eventually be taken to the Harris County Jail, usually in a van or bus with other arrestees.
Whether you go to the police department jail or go directly to the Harris County Jail, a government agency called Harris County Pretrial Services produces a report called the Public Safety Assessment (PSA). A Pretrial Services employee will run information about you through a computer program, generate a report, and give you a score that reflects how likely or unlikely you are to appear in court if you are released on bail. To determine your score, the PSA looks at things like the severity of your charges, whether you are currently on parole or probation, whether you have a criminal record, whether you have a job, your age, gender, education level, etc. Your PSA will be in the Usually created within a few hours of your arrest and final indictment by the District Attorney’s Office.
After the PSA is completed, a Pretrial Services representative will compare your PSA score and charge it against the Harris County Bond Schedule. A copy of the Harris County felony bond plan can be found here and the misdemeanor bond plan can be found here. Depending on what the Bond schedule says, one of three things will happen next.
If your exposure is not that severe and your PSA is low, you will be given a “Personal Attachment Guess”. Personal bail (also called a “PR bond”) is a bail where you don’t post any money and are released on your promise to appear in court and report regularly to a pre-trial service employee. Your case will quickly be brought to a judge who will decide whether to grant you a PR bond. If the judge grants you a PR bond, you will be released. If the process is fast enough, you may even be released before being sent to the Harris County Jail. If the judge decides not to give you a PR bail, he or she will set a monetary bail. All of this can, and often does, happen without you even appearing before the judge.
If your fee and PSA score are such that you do not have a personal bail presumption, you will be recommended a cash bail per the bail schedule. The judge doesn’t have to stick to the bonding plan, but most of the time he will. If you or a family member post the bail, you will be fired. If you band together fast enough, you might even be released before you’re committed to the Harris County Jail. If you don’t post bail immediately, you will be held on probable cause pending your court hearing (also called the “PC hearing” or “15.17 hearing”).
If your charges are serious, your criminal record is serious, or other criteria are met (e.g. you are charged with one offense and overturn another), you will be held pending the PC hearing. You will be sent to the Harris County Jail and an investigative service officer will question you about your living situation, finances and criminal history. Information gathered from this interview will be incorporated into a longer, amended PSA report that will be presented to the judge to help determine an appropriate amount of bail and whether you are too poor to hire your own attorney.
Once the interview is complete and the final PSA is ready, the PC hearing takes place. You are sent to a room with a video link to a courtroom. They are represented by a lawyer from the Public Prosecutor’s Office. (It’s possible for your own attorney to show up at a PC hearing, but few people hire attorneys fast enough to actually show up at that hearing.) The prosecutor reads a summary of what police say happened. The public defender can argue why there is no likely reason to support the charges against you. If the judge finds there is no probable cause, you will be released. If the judge determines that there is a probable cause, the judge will proceed to determine your bail. The state can make arguments for a higher-than-borrowing bond, and the public defender will likely make the case for a PR bond for you, or a low bond. The judge will then set your bail. If your case involved a complainant who was a family member, you may be required to sign a protective order at the PC hearing promising not to go near that family member’s home or work. The judge will then tell you which court you were randomly assigned to and the date of your first court appearance.
In the case of administrative offenses, the PC hearing must take place within 24 hours. In the case of criminal offenses, the PC hearing must take place within 48 hours. If those deadlines pass without you having a PC hearing, the public defender will notice and request that you be released on a PR bond.
If this all sounds complex, that’s because it is. This flowchart should make things a little clearer.
If you have not made a commitment after the PC Court hearing, you will continue to go through the admissions process in prison. You will be interviewed to determine your prison rating, examined by a prison doctor, your booking (e.g., mugshot) photograph taken, your personal belongings taken, assigned orange prison garb, and then assigned to one of the three Harris County prison complexes. Women are sent to 1200 Baker and housed on floors separate from male prisoners. Men may be assigned to the male floors at 1200 Baker or to the all-male prisons at 701 N. San Jacinto or 1307 Baker. Which jail and floor you go to depends on your rating level, with inmates with more serious charges being placed separately from those charged with less serious crimes.
After you’ve been booked, you’ll wait for your first court date, which is a few days after your arrest. You will be taken to a holding cell outside the courtroom. If you were unable to get out of prison, the judge in charge of your case will assign you an attorney that day.
If you opted out without a PC hearing (because your case was expedited for a PR bond or because you posted a money bond in PC court), the judge handling your case will conduct a PC court hearing. As before, if the judge doesn’t find a probable cause, your case will be dismissed and you can leave. If the judge finds a probable cause and you don’t already have an attorney, you have three options: request a court-appointed attorney, ask for a deferral to hire an attorney, or ask to represent yourself (which is never a is a good idea). If you ask for a court-appointed attorney, you fill out a form and the judge will decide whether or not you get a court-appointed attorney.
For more information on Aftermath Of An Arrest In Texas, a free initial consultation is the next best step. Get the information and legal answers you are looking for by calling (713) 936-4521 today.
What happens if you violate bond conditions in Texas?
Violation of bond conditions for a domestic violence case is a Class A Misdemeanor, punishable by up to a year in jail and a $4,000 fine. However, the crime is a third-degree felony if you were previously convicted under the same law two or more times, or when the violation comes through an assault or stalking offense.
Bail me out: Remedies after arrest
Can you leave the state on bond in Texas?
If you’ve missed court dates or skipped bail in the past, or if the court has any other reason to deem you a flight risk, you won’t be able to travel. You’ll have to stay inside your state while you wait for your trial. If neither of these apply to you, you’ll probably be allowed to travel while bonded out.
Bail me out: Remedies after arrest
Why Bondsmen advise against traveling abroad
Even if you are allowed to travel abroad on bail, your bail bondsman will likely stop you from doing so. If a client leaves the state on a trip and becomes a fugitive, it can reflect badly on the serf and make it difficult for him to find a job in the future. Because of this, it is fairly taboo for defendants to travel while in custody and you will most likely be advised to stay home while on bail.
Talk to your bail bondsman
Before you get in your car or on a plane, discuss your travel plans with your bondsman. Keeping your bail bondsman up to date on your plans will help them trust you, and it gives them a chance to remind you of the things you can’t do while you’re bail free. If the nature of the deposit does not allow you to travel, check with your deposit manager early on to determine whether or not you can travel. Your servant might ask you to call or text him every day and you should follow this rule when traveling. Keeping in touch while you’re out of state will give your thrall some peace of mind and help him keep an eye on you while you’re away.
Circumstances Prohibiting Travel
If you have a criminal offense you are not allowed to travel outside a certain area. Your judge will most likely suspend your passport and set the limits of your bail during a bail hearing.
If you have a history of missing court dates, skipping bail, or if the court has any other reason to classify you as a flight risk, you will not be able to travel. You must remain in your state while awaiting your trial.
If none of these apply to you, you are likely allowed to travel while you are liable. Just remember to speak to your deposit manager in advance and abide by the terms of your deposit while you travel.
threatened with imprisonment? Delta bail bonds can help
If you or a loved one has been arrested, Delta Bail Bonds can help. Our deposit managers are available 24/7 to post deposits anywhere in the country and we accept collateral and payment plans for those who cannot afford their entire deposit. For more information or to connect with an experienced deposit manager, call or visit our website today!
When can you get a bond reduction in Texas?
If a judge has indicted the defendant the attorney will file a Motion for a Bond Reduction. The attorney will then either agree with the State for a lower bond amount or put on a hearing in front of the Judge, similar to the Writ process.
Bail me out: Remedies after arrest
The bond reduction process
A lawyer can negotiate a reduced bail in a number of ways:
Bond reduction via the District Attorney
The attorney may coordinate with the local attorney general’s office to try to negotiate a lower, affordable bail amount. If an attorney receives such an agreement, the judge will sign off on the lower bail amount, usually without a hearing. The advantage of this practice is that it is extremely quick and the defendant receives a guaranteed lower bail amount.
Bond reduction via a Bond hearing
The attorney may also have the accused brought to court to appear before a judge where a hearing of evidence to reduce bail will be conducted. There is no guarantee that the bond will be lowered. In fact, the judge could decide to increase the bail amount, although this rarely happens.
How does a Bond hearing work?
The attorney will testify through the accused or his friends or family. They will testify about the character of the accused and that he poses no threat to the community. If a defendant has a track record of work, that will help too. The defendant must also show that the bail is not currently affordable and show that they have made efforts to post such bail.
What if there are no charges?
If the court has not indicted the defendant, the attorney must petition for habeas corpus. Since there is no indictment, i. H. If there is no case number, a defendant has no court dates. The letter brings the defendant to a bail reduction hearing in court. In court, the attorney may agree to a lower bail amount with the state or present evidence to the judge to request a lower bail amount.
The final result
When a judge has indicted the defendant, the attorney files a motion for a reduced bail bond. The attorney will then either agree with the state on a lower bail amount or schedule a hearing before the judge, similar to the written process.
Contact Case J. Darwin’s experienced attorneys for more information on bail reductions. We’re here to help!
What is bond forfeiture in Texas?
A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date.
Bail me out: Remedies after arrest
If the tie is personal, the county will sue the defendant. However, just because they were sued for that amount doesn’t mean that that will be the amount they will have to pay to fulfill their warrant. The district will usually be content with a significantly lower fee. It is currently around $335 for a misdemeanor and higher for a felony. In the case of a guarantee, the county sues the bail bond administrator. The bail bondsman will attempt to detain the defendant so that he does not have to pay this amount.
If a defendant addresses a bail forfeiture before filing a civil suit, it is much easier to handle and less expensive. If you hire an attorney to forfeit bail and the 30-day period has expired, the attorney must settle the civil complaint and also must persuade a judge to agree to reinstatement of bail. If it is before the deadline, the attorney need only get the judge to agree to the reinstatement.
For a personal bail forfeit where there is a civil charge, the defendant would not have to pay the civil charge if he is in custody, the charge is a misdemeanor, and he was arrested within the first six months of the bail forfeiture. Then the code requires that the district dismiss the civil claim and that they are not obligated to pay. For a felony, it must be within the first nine months of the bail forfeit. Many attorneys don’t take advantage of this, and the Travis County Attorney’s Office is happy to accept the defendant’s money to settle a civil suit, which they would also dismiss for free if only asked.
Bonds forfeit must go through the judge in whose court they were originally determined. That is, if that particular judge is not available, that defendant will either be waiting with a warrant or waiting in custody. It is particularly difficult, if not impossible, to recover a previous deposit on weekends and after business hours. If you have a bond forfeit and you are unable to hire an attorney to process it because of this limitation, you can hire a bond administrator to process it. However, if there were a civil lawsuit, that lawsuit would still be pending and would not be resolved. If you own property in Travis County, it is possible that the county will pursue that property and subject it to civil action in the future.
For more information on Texas state bond expiry, a free case assessment is your next best step. Call (512) 478-9898 today for the information and legal answers you are looking for.
Can you get a PR bond for a felony in Texas?
Bexar County Pretrial Services is unable to write bonds for specified criminal offenses; first degree felony charges are excluded. A history of bond forfeitures disqualifies a defendant for release through Pretrial. Please call a Pretrial Screening Investigator to determine eligibility at 210-335-1371.
Bail me out: Remedies after arrest
Qualifications & Process
The following qualifications are required:
You must be a Bexar County resident
You must be in prison for a felony in Bexar County
You must not be on probation, bail or probation
You must be ready to appear in court until the case is fully closed
You must provide clear ID
Excluded Fees
Bexar County Pretrial Services is unable to issue bail for certain felonies; Charges of first-degree criminal offenses are excluded. A history of forfeiture of bonds disqualifies a defendant for release by the pretrial.
Please call a Pretrial Screening Investigator at 210-335-1371 to determine eligibility.
procedure
If you call the Pretrial Services Office to obtain a pretrial bond, you must provide the interviewer with information about the person being detained. This information helps determine the customer’s eligibility to be released.
Before calling, please have the correct spelling of the customer’s full name and date of birth ready. Customer must have a valid Texas driver’s license or ID card and social security number. In addition, you must provide the customer’s address, phone number, place of work with phone number, and three (3) local references; including name, address and telephone number.
An in-person interview is conducted when the client is at the Bexar County Corrections Center. If the client is not in this facility, the person requesting release must provide the necessary information to qualify the client.
The timing of release from prison may vary; The average time for approval may be four (4) to six (6) hours from the time the bond is approved. When posting bail for someone to be released from prison, please allow for unforeseen issues and possible delays.
What happens at a bond hearing in Texas?
Bail/Bond Hearing in Dallas
Depending on the alleged offense, as well as the alleged offender’s criminal history, the judge will determine whether or not to grant the defendant bail. If bail is denied, the defendant will remain in custody until the conclusion of his or her case.
Bail me out: Remedies after arrest
In order for a person to be granted bail, he or she must appear at a hearing before a judge to decide the terms of the pre-trial release. If you’ve been arrested for a felony, it’s important that you contact an experienced Dallas criminal defense attorney who can assist you in convincing the judge to allow you bail.
Bond Hearing Defense Attorneys in Irving, Dallas, Carrolton, Richardson, TX
Contact the Richard C. McConathy Attorney’s Office today for advice on your alleged felony crime in Irving, Dallas, Carolton, Richardson and surrounding areas of Dallas County, Texas.
Call the Richard C. McConath Law Office today at (972) 233-5700. Your initial consultation is free and is an essential part of the defense planning process.
Bail/Bond Hearing in Dallas
After a person has been arrested and charged with a crime, he or she appears before a judge who sets the terms of their pre-trial release. Depending on the alleged crime as well as the criminal record of the alleged offender, the judge will decide whether or not the defendant will be granted bail on bail.
If bail is refused, the accused remains in custody until the conclusion of his trial. If the judge grants bail to the alleged offender, he or she has the option of paying a fee to be released from prison until his or her case is decided in court.
Types of Bails/Bonds in Dallas
Depending on the circumstances, the defendant could be released from custody on the following types of bail:
Personal Recognizance Bond – This type of bond is usually granted to people accused of less serious crimes. The person is released without pay on the promise that they will return to court by a specified date and time.
Cash bail – This type of bail requires the alleged offender to pay full bail before being released from custody. The money will be withheld by the court or county sheriff’s office and returned to the accused once he or she appears in court at the agreed time as promised.
Ten Percent Bail – This type of bail allows the accused to be released after paying ten percent of the total bail to ensure he or she appears in court at the scheduled time. If the defendant fails to appear in court, he or she may be required to pay the remaining 90 percent.
Bail – In this type of bail, a third party promises to pay the full bail on behalf of the defendant if the defendant fails to appear in court. This type of deposit is commonly provided by bond companies, but can also be provided by friends or family members.
Under the law, no bail can be set for overuse to punish the accused. To prevent this from happening, most Texas counties have a bail schedule that specifies the amount of bail based on the type of crime the defendant is alleged to have committed.
Find a Dallas County Defender for a Bond Hearing | Law Offices of Richard C. McConathy
Contact the Richard C. McConathy Attorney’s Office today for advice on your alleged felony crime in Irving, Dallas, Carolton, Richardson and surrounding areas of Dallas County, Texas.
Call (972) 233-5700 or submit an online form for a consultation on your suspected crime. Your initial consultation is free and starts developing your defense strategy.
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Bail Bond Rights Based on the US and Texas Constitution
See some more details on the topic motion for bond reduction texas here:
MTN FOR BOND REDUCTION [STANDARD] – El Paso County
It is the opinion of the Court that sa motion should be GRANTED. The Court hereby ORDERS that the bond of the Defendant in the above-mentioned case is set at:.
Source: www.epcounty.com
Date Published: 7/20/2022
View: 2405
How Do Bond Reductions Work in Texas?
The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond …
Source: sbrownlawyer.com
Date Published: 11/21/2021
View: 2934
THE STATE OF TEXAS VS. – Webb County
WEBB COUNTY, TEXAS. AGREED MOTION TO SET/REDUCE BOND. TO THE HONORABLE JUDGE VILLARREAL: Defendant, via counsel, requests the Court to reduce the previously …
Source: www.webbcountytx.gov
Date Published: 3/18/2022
View: 9087
Bond Reduction | Matthew Pillado PLLC
What are the benefits of lowering a bond in Texas? … First, if the motion is granted and the bail amount is reduced, it may now be affordable for the defendant …
Source: pilladopllc.com
Date Published: 9/22/2021
View: 5853
CODE OF CRIMINAL PROCEDURE CHAPTER 17. BAIL
(3) denied bail in accordance with the Texas Constitution and other law. (b) In setting bail under this article, the magistrate shall impose the least …
Source: statutes.capitol.texas.gov
Date Published: 5/15/2021
View: 7725
Bail Reduction | How to Get Bail Lowered in Texas
Having a former prosecutor on your se can help you request a reduced bail amount. Contact a Fort Bend criminal attorney at the Law Office of John L. Venza …
Source: www.venzalaw.com
Date Published: 9/6/2021
View: 8646
How do I get a Bond Reduction in Tarrant or Dallas County?
The attorney will have to file a motion to reduce the bond or file what is called a writ of habeas corpus. The attorney will also have to talk to the …
Source: jaysonnag.com
Date Published: 5/24/2022
View: 1892
Bond Settings and Habeas Corpus Matters
The first option is to file a Motion for Reduction of Bail, and set the matter for hearing at the court’s next ancillary hearing date or at such other date …
Source: www.court506.com
Date Published: 7/5/2022
View: 4742
Bond Reduction in Texas | Plano Criminal Defense Attorney
The motion will address the nature of the charges, the current bail amount, and it will explain why the defendant cannot make the current bond. Depending on the …
Source: www.zenlawfirm.com
Date Published: 11/20/2022
View: 8221
Hays, Guadalupe, & Comal
The bottom line is that you need to hire a lawyer to do this for you. Only an attorney can coordinate an agreed reduction with the district attorney’s office or have you heard before a district judge.
The bond reduction process
A lawyer can negotiate a reduced bail in a number of ways:
Bond reduction via the District Attorney
The attorney may coordinate with the local attorney general’s office to try to negotiate a lower, affordable bail amount. If an attorney receives such an agreement, the judge will sign off on the lower bail amount, usually without a hearing. The advantage of this practice is that it is extremely quick and the defendant receives a guaranteed lower bail amount.
Bond reduction via a Bond hearing
The attorney may also have the accused brought to court to appear before a judge where a hearing of evidence to reduce bail will be conducted. There is no guarantee that the bond will be lowered. In fact, the judge could decide to increase the bail amount, although this rarely happens.
How does a Bond hearing work?
The attorney will testify through the accused or his friends or family. They will testify about the character of the accused and that he poses no threat to the community. If a defendant has a track record of work, that will help too. The defendant must also show that the bail is not currently affordable and show that they have made efforts to post such bail.
What if there are no charges?
If the court has not indicted the defendant, the attorney must petition for habeas corpus. Since there is no indictment, i. H. If there is no case number, a defendant has no court dates. The letter brings the defendant to a bail reduction hearing in court. In court, the attorney may agree to a lower bail amount with the state or present evidence to the judge to request a lower bail amount.
The final result
When a judge has indicted the defendant, the attorney files a motion for a reduced bail bond. The attorney will then either agree with the state on a lower bail amount or schedule a hearing before the judge, similar to the written process.
Contact Case J. Darwin’s experienced attorneys for more information on bail reductions. We’re here to help!
How to Get Your Bail Amount Reduced » A-EZ Out Bail Bonds
Sometimes your deposit is just way too expensive and you can’t pay it. Even if you opt for a guarantee and only have to pay 10% to a guarantor, you can still be tight if the initial deposit has been set high. Bail bond companies like A-EZ Out often offer other payment options such as B. the deposit of collateral. If this is not an option for you, it may be time to request a deposit reduction.
Steps to reduce the deposit
The first step to getting a lower deposit amount is to submit the deposit reduction request. This includes a statement detailing the current deposit amount, the nature of the charges, and an explanation of why you are unable to post a deposit.
Then you should fill out an affidavit of need. This is a form to show the court that you cannot afford case fees. If approved, a judge can waive some fees based on the defendant’s financial circumstances. Bank and payslips are usually sufficient to prove your need.
After completing and submitting the required paperwork, contact the court to set a hearing date. Then, meet with your attorney to determine what evidence you need to obtain a bail reduction. Insolvency is not always sufficient to grant a deposit reduction. In Texas, you must also show that you have made an effort to post the current deposit. One way to demonstrate this is to get testimony from your friends or relatives or even your serf.
How is the deposit determined?
The bail amount is based on an assessment of the individual and their case. The court will consider a number of factors in determining what bail should be set at. There are no individual factors that determine the amount of the deposit. Some factors considered by the court are the nature and circumstances of the charges, the defendant’s ability to post bail, and the future safety of a victim of the alleged crime and the community. The court can also examine whether the accused is at risk of absconding or not.
Bond Reduction Requirements and Hearing
In Texas, you must show that you attempted to post current bail before the court can even consider a bail reduction. This requirement can be met by affidavits from friends or family members as to the number of serfs they called to pay your bail. If you are requesting a reduction in bail because charges were delayed, you will need to provide some evidence of how long you have been held in custody without formal charges. Texas is asking a court to lower bail if a defendant is held in jail for 90 days or more without charge.
In return for a deposit reduction, you can propose certain conditions such as electronic monitoring. This signals to the court that you will not flee your trial. With that assurance, they’re more likely to reduce your deposit.
A-EZ Out Deposits
Bail should not be used to punish someone accused of a crime, but to protect the interests of the community. If you’re having trouble paying your deposit, even after contacting multiple deposit companies, let us help you. We can help you obtain the appropriate forms and necessary information to begin the process and attempt to reduce your deposit. Our experienced bail bonds officers will start your case as soon as we get your call. If you face jail time, contact A-EZ Out immediately.
Bail me out: Remedies after arrest
Published February 8, 2021, The Daily Tribune
When an arrest is ordered by a judge on the basis of an arrest warrant, the main issue is how the accused can secure his or her liberty, even if only temporarily. Understanding the security deposit and its requirements is therefore crucial.
Case law has recognized that the right to bail is related to the fundamental right to the presumption of innocence. Bail is the security given for the release of a person in custody of the law. She assures the court that it will appear as required under the conditions laid down by the court. It can take the form of a corporate bond, a title guarantee, a cash deposit, or an acknowledgment.
Bail may be a matter of law or judicial discretion. Under Section 13, Article III of the 1987 Constitution, bail is a right of all persons by operation of law, except for those charged with offenses punishable by reclusion perpetua, when there is strong evidence of their guilt.
If the defendant is charged with a crime punishable by death, life incarceration, or life imprisonment, his or her eligibility for bail is at the discretion of the court. The defendant may apply for bail to determine if there is strong evidence of guilt. If the judge finds that the evidence of guilt is not strong, bail may be granted.
So important is this appeal that in People v. Manuel Escobar (G.R. # 214300, July 26, 2017) the Supreme Court ruled that a second request for bail may be considered by the trial court.
In that case, the defendant Escobar was on trial for the crime of kidnapping for ransom. After his initial bail application was denied, police arrested one of the co-defendants. The co-defendant’s case was based on the same eyewitness testimony against Escobar. After the court awarded bail to the co-defendant based on the alleged unreliability of the testimony, Escobar filed a second request for bail, arguing that this should also serve as the basis for his provisional release. The trial court denied the second motion for bail as final.
The Supreme Court ruled that given the circumstances following the denial of Escobar’s first bail application, his second bail application should have been granted in due course. It should not be denied for the technical reason of legal force. It has the force of res judicata only in a final judgment in a civil proceeding, not in an injunction in a criminal proceeding, and an order seeking bail is interim. This order will have no force if a new matter warrants a second consideration of the bail application.
How much is a security deposit? The same constitutional provision above states that excessive bail is not required. The amount of bail is set by the public prosecutor’s office and is usually included in the information submitted to a court after a preliminary investigation. The Department of Justice regularly publishes and updates its recommended bail schedule depending on the crime in question.
If the defendant is unable to raise bail, he may file a bail reduction request, which the judge may grant if there is good cause. Posting bail may depend on the defendant’s financial ability; nature and circumstances of the offence; punishment for the accused crime; character, reputation, age and health of the accused; the weight of the evidence against the accused; likelihood of the accused appearing in court; expiry of other bonds; among other.
Generally, bail is not permitted after the sentence has become final unless he has applied for probation before beginning to serve the sentence, the sentence and offense falling within the scope of the Probation Act. If the defendant has applied for parole, he may be granted temporary release while on bail, but if bail has not been posted or the defendant is unable to post bail, the court may grant his release upon recognition in the court Grant custody of a responsible member of the community. In no event shall bail be granted after the accused has begun serving the sentence.
For comments and questions, please email [email protected].
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