(2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. DOC MTN FOR BOND REDUCTION [STANDARD] - El Paso County, Texas }{\plain \fs24 \*\cs1 \par
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Sept. 1, 2003. WITNESS MAY BE COMMITTED. DEFENDANT'S MOTION TO REVOKE ORDER OF DETENTION OF TEXAS U.S. MAGISTRATE JUDGE AND TO MODIFY BOND CONDITIONS The Defendant, Mr. Alex Harkrider, by and through his attorney Kira Anne West, files this appeal of his detention pursuant to 18 U.S.C. }\pard \fs24\sl480\slmult1
How to Extend, Reinstate, Change, or Cancel a Protection Order }{\plain \fs24 \*\cs1 [PHONE]\par
Acts 2011, 82nd Leg., R.S., Ch. (b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice. }\pard \fs24
A motion needs to be filed with the court and served on the prosecutor to change the conditions of the bond from no contact to no violent contact. Amended by Acts 1971, 62nd Leg., p. 3045, ch. VSr}_}^.8ol92SA1;
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$x@ohzr7cp#`:B. RD . Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence (5) Section 43.05(a)(2) (Compelling Prostitution). CORPORATION AS SURETY. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline
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(c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court. document.write(new Date().getFullYear())
A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. Art. 2499), Sec. {\plain \fs24 \*\cs1 \par
The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. Art. 2. II. The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par
910), Sec. 1, eff. 5, 6 added by Acts 1995, 74th Leg., ch. Amended by Acts 1967, 60th Leg., p. 1736, ch. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. 2, eff. 2, eff. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. P840 722. (3) include any information other than the information listed in Subsection (b). {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab IN THE ______________ COURT\par
Art. 4), Sec. Art. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 2, eff. 5. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. 437 (H.B. Acts 2009, 81st Leg., R.S., Ch. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. 1 0 obj
(c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. CONDITION WHERE CHILD ALLEGED VICTIM. Renumbered from Vernon's Ann.C.C.P. Acts 2005, 79th Leg., Ch. 424, Sec. 1, Sec. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. Acts 2013, 83rd Leg., R.S., Ch. (7) the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential. September 1, 2021. Art. Motion to Modify - BOND CONDITIONS November 25, 2020 SECURITY OF WITNESS. The court will set a hearing for both parties to attend. (a) amended by Acts 1995, 74th Leg., ch. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. September 1, 2021. 618, Sec. 1275, Sec. 19.01(3), eff. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320
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The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. Sec. (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. September 1, 2015. 5, eff. (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. ]Z(N Free preview Motion To Modify Bond Conditions Texas. 6. (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). ACCUSED LIBERATED. 90 (S.B. 7, eff. A defendant must obey bond conditions or risk being jailed again. {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} 955 (S.B. Added by Acts 1991, 72nd Leg., ch. 17.36. 1, eff. 2, eff. 255 (H.B. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. (1) consider the public safety report before setting bail; and. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE 44, eff. 20, eff. Sec. (b) Only the court before whom the case is pending may release on personal bond a defendant who: (1) is charged with an offense under the following sections of the Penal Code: (B) Section 71.02 (Engaging in Organized Criminal Activity); (2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or. View the latest COVID-19 information. 278 (H.B. 17.14. 1490, Sec. {\plain \fs24 \*\cs1 \par
Access from your Country was disabled by the administrator. 769 (H.B. 1506, Sec. Art. 4, eff. Art. 14.21, eff. 284(45), eff. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. (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. 122 (H.B. 3. 1080, Sec. 17.026. (2) a two-hour continuing education course. Answer Jury Summons. 17.30. (B) involves violence directed against a peace officer. Robert is always willing to consult with county officials concerning bail bond issues and any other legal issue impacting counties, sheriffs, and other county officials or employees. 1506, Sec. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. <>
1276, Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par
PDF MC 308, Motion and Notice of Hearing Regarding Bond Modification Forms - Travis County, Texas fees.\par
All general rules in the Chapter are applicable to bail defendant before an examining court. __________________\par
Added by Acts 1989, 71st Leg., ch. }{\plain \fs24 \*\cs1 State Bar No. LIVe1j`iASS^N/Q.m dE:En The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; 6. 11 (S.B. All Rights Reserved. September 1, 2011. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. 2, eff. Added by Acts 1985, 69th Leg., ch. 2, eff. Sept. 1, 1969. 1127 (S.B. Acts 2011, 82nd Leg., R.S., Ch. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. 17.25. bail bonds rules and regulations; motion to set bond sample; motion to modify bond conditions texas; out on bond rules; how long do bond conditions last; article 17.19 texas code of criminal procedure; felony bond conditions; what does bail type magistrate set mean If you have been charged . June 18, 2003. (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. Free preview. Added by Acts 1989, 71st Leg., ch. 17.49. September 1, 2011. PDF In the United States District Court for The District of Columbia United 232 (H.B. 743 (H.B. Sec. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person. Jan. 1, 2002. (c) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense. 3. (e) In determining whether to deny release on bail under this article, the judge or magistrate may consider: (2) the nature and circumstances of the alleged offense; (3) the relationship between the accused and the victim, including the history of that relationship; (4) any criminal history of the accused; and. July 1, 1978. January 1, 2016. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. May 5, 1997. January 1, 2022. {\plain \fs24 \*\cs1 On the _______ day of __________________, 200___ , came to be heard the Probationer's Motion \softline
(B) any offense involving family violence, as defined by Section 71.004, Family Code. Acts 2015, 84th Leg., R.S., Ch. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. 351), Sec. Call Us Today! }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440
(2) in compliance with the training requirements of Article 17.024. Acts 2021, 87th Leg., 2nd C.S., Ch. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline
722. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. 1, eff. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. }{\plain \fs24 \*\cs1 \par
The highlights include: Defendant's Motion To Modify Bond Conditions As Not In Best Interest Of Justice. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. }{\plain \fs24 \*\cs1 AGREED AND APPROVED:\par
}}. (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. 3692), Sec. Sample Bail Bond Related Criminal Law Motions - SlideShare {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}}
Sept. 1, 1999. 1, eff. January 1, 2020. Examples of bond terms that a defendant may want to have changed during the case: Removal of a travel restriction that prevents the defendant from leaving the county Change to a no-contact order Deletion of a restriction on the use of electronic devices Acts 2011, 82nd Leg., R.S., Ch. Art. {\plain \fs24 \*\cs1\b II. Dallas Texas Motion to Release Defendant and Set Reasonable Bond (j) amended by Acts 2003, 78th Leg., ch. 1276 (H.B. Acts 2017, 85th Leg., R.S., Ch. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Sept. 1, 1999. 17.32. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. (a) Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. 1, eff. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. (i) If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A
Jyz[\u,>~Oo? 17.03. 900, Sec. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. (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. 2. 1, eff. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center.
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