How to Get a Bond Reduction in Texas

How to Get a Bond Reduction in Texas

Gavel next to small scales of justice on top of open legal book with overlay text reading "Appellate-specific Experience, Experienced Trial Attorney, Case J. Darwin, INC."A “P.R. Bond” is legally defined as a “personal bond.” A personal bond allows a defendant to leave on his ain recognizance. This means that the defendant does not have to post a bail. The accused but gives his word that he will prove up for the future court date if and when it occurs.

An chaser can do this by obtaining the State’s agreement to a personal bond. This is the best result evidently. It is quick, and the Judge will normally agree to information technology without a hearing.

An attorney could also again file a Petition for Writ of Habeas Corpus (if the case is unindicted) or file a Motion for a Bail Reduction (if the case is indicted) and enquire that the Gauge grant him a personal bond later a hearing. Again, there is no guarantee that the Guess will grant a personal bail, but it is a possibility depending on a defendant’s criminal history and the severity of the charge.

How does a bail hearing work? Well, the attorney will put on testimony through the accused or his friends or family. They will prove as to the defendant’s graphic symbol, and how he is non a danger to the community. If a defendant has a track record of working, that will aid as well. Likewise, the defendant must testify that the bond is not currently affordable and efforts have been fabricated to post such a bond.

A. What is a 90-Twenty-four hours P.R. Bond or Personal Bond or Statutory Bail?

After 90 days of incarceration and if the Country has not indicted a accused, such person is generally entitled to a 90-day personal bond.

Texas Code of Criminal Procedure article 17.151, “Release because of delay,” provides statutorily for a personal bail. The article provides in full,

Sec. one. A defendant who is detained in jail pending trial of an accusation confronting him must exist released either on personal bond or by reducing the amount of bail required, if the country is not ready for trial of the criminal action for which he is being detained within:

  1. xc days from the beginning of his detention if he is defendant of a felony;
  2. 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
  3. 15 days from the commencement of his detention if he is accused of a misdemeanor punishable past a sentence of imprisonment for 180 days or less; or
  4. 5 days from the commencement of his detention if he is accused of a misdemeanor punishable past a fine but.

Sec. 2. The provisions of this article do not apply to a defendant who is:

  1. serving a sentence of imprisonment for some other offense while the defendant is serving that sentence;
  2. existence detained awaiting trial of another accusation against the defendant every bit to which the applicable menstruation has not yet elapsed;
  3. incompetent to stand up trial, during the menses of the defendant’s incompetence; or
  4. existence detained for a violation of the weather of a previous release related to the safety of a victim of the declared criminal offense or to the rubber of the community nether this article.
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See TEX. CODE CRIM. PROC. ANN. art. 17.151 (West 2018).

Thus, for a felony, a defendant is generally entitled to a personal bail afterwards 90 days of incarceration have elapsed

if the accused has not been indicted.

The general exception to this dominion is if a accused has a “concord” in another jurisdiction. A concur ways that a defendant has a capias or warrant in another jurisdiction or a accuse in another jurisdiction where bond has not been posted.

The Bottom Line

Again, only an attorney tin get this washed for you. The attorney volition either get an agreed order from the State or, if the Land will not agree, the chaser will accept to bring the accused to courtroom for a hearing in front of the Gauge. The Judge would and so be required to grant the accused a personal bail if the defendant so qualifies and has non been indicted withal.

For a Grade A Misdemeanor, there is only a 30-24-hour interval requirement of incarceration without the filing of an information (an information is the charging document in a misdemeanor case, versus an indictment in a felony case). For a Course B Misdemeanor, there is only a xv-day requirement of incarceration without the filing of an data. For a Grade C Misdemeanor, this near never occurs considering a Form C Misdemeanor is not punishable past whatsoever jail time whatsoever.

The bottom line is that yous will need to go an attorney to reach this for you. Only an chaser can coordinate a personal bond with the District Attorney’southward Role or get yous a bail hearing in front of a district estimate. Contact Case J. Darwin to aid you!

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How to Get a Bond Reduction in Texas