motion to modify bond conditions texas

motion to modify bond conditions texas

If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. Some conditions of bond will not surprise you no drug use, faithfully work at suitable employment, remain in Texas, regularly report to your probation officer, and notify probation of any address change. How Do Bond Reductions Work in Texas? | Scott M. Brown {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. 877), Sec. {\plain \fs24 \*\cs1 \par (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. 6), Sec. to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline (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. Subsec. A personal bond may be taken of a witness by the court before whom the case is pending. 736 (H.B. 1412, Sec. June 17, 2011. Aaron A. Martinez JRachelle awasalam Memorandum in Support of the Motion JRachelle 7.002(e), eff. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline 4. A bail bond must contain the following requisites: 1. 1, eff. DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. 6), Sec. January 1, 2022. PDF In the United States District Court for The District of Columbia United To modify these conditions, you need to file a motion with the court. (b)(2) amended by Acts 1991, 72nd Leg., ch. TCDLA January 1, 2022. 599), Sec. January 1, 2016. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. }{\plain \fs24 \*\cs1 \par (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 7. BAIL DECISION. (c) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. (d) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. 6), Sec. 17.031. September 1, 2009. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney\par (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. (c) A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person: (1) is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and. 3.08, eff. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. 17.023. 1576), Sec. 982 (H.B. 463 (H.B. A "Modification Hearing" is the process by which to make changes in your EPO. 17.06. (2) the use or exhibition of a deadly weapon during the commission of an assault. 76, Sec. 17.07. 1068), Sec. Art. 6), Sec. 8), Sec. 221 (H.B. September 1, 2017. The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. 90 (S.B. 515 (H.B. 748 (S.B. (979) 652-5246. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. }{\plain \fs24 \*\cs1 \par Art. 232 (H.B. 17.37. (a) amended by Acts 2003, 78th Leg., ch. 5, eff. subjected to a revocation of probation at a later date, which would not have been possible without \softline 2182), Sec. Each surety listed under this article must file annually a sworn financial statement with the sheriff. Sept. 1, 1969. Sept. 1, 1999. 599), Sec. (d) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. Subsec. }{\plain \fs24 \*\cs1 \par }{\info{\title }{\author MD}{\operator MD} (f-1), (f-2), (n) added and Subsec. {\plain \fs24 \*\cs1\b CAUSE NO. (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} <> 737), Sec. OFFICERS TAKING BAIL BOND. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par 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. December 2, 2021. Acts 2011, 82nd Leg., R.S., Ch. Jan. 28, 1997; Subsec. Art. }{\plain \fs24 \*\cs1 \par 3.06, eff. The affidavit must state: (1) the court and cause number of the case; (3) the offense with which the defendant is charged; (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. \notabind\margl1440\margr1440\hyphhotz936\ftnbj\fet2\ftnrstpg\aftnnar\viewkind1\lytprtmet\subfontbysize \sectd \sbknone\marglsxn1318\margrsxn1318\headery1440\footery1440\endnhere\endnhere Art. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. Amended by Acts 1991, 72nd Leg., ch. 955 (S.B. (e) amended by Acts 2003, 78th Leg., ch. Sept. 1, 1987. Added by Acts 2007, 80th Leg., R.S., Ch. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. Added by Acts 2001, 77th Leg., ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. Acts 2011, 82nd Leg., R.S., Ch. A defendant unable to make the bail set by the court might file a motion to modify in the hope of persuading the judge to set a lower bail. 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. AFFIDAVIT NOT CONCLUSIVE. 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. Amended by Acts 1989, 71st Leg., ch. (a) A personal bond pretrial release office established under this article shall: (1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case; (2) update the record on a monthly basis; and. 163 (S.B. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. 736 (H.B. 17.15. LIVe1j`iASS^N/Q.m dE:En Conditions of bond in Texas and your criminal case. 1070), Sec. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 4.03, eff. (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. Art. ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} Art. (3) include any information other than the information listed in Subsection (b). (a) Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be: (1) granted personal bond with or without conditions; (2) granted surety or cash bond with or without conditions; or. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. (2) in compliance with the training requirements of Article 17.024. January 1, 2022. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. All rights reserved. 3.02, eff. }{\plain \fs24 \*\cs1 \par Texas, on the _______ day of _______________, 200___.\par 4, eff. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. Added by Acts 2005, 79th Leg., Ch. 3, eff. LIVe1j`iASS^N/Q.m dE:En }\pard \fs24\qc\sl480\slmult1 Added by Acts 2005, 79th Leg., Ch. 2.08, eff. }{\plain \fs24 \*\cs1 \par Sept. 1, 2001. Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. 618, Sec. 942, Sec. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. 324 (S.B. 2, eff. 17.47. 1064 (H.B. CORPORATION AS SURETY. }\pard \fs24 1350 (H.B. 1, eff. (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. 17.01. (d) amended by Acts 2003, 78th Leg., ch. 722. Sec. REPORTING OF CONDITIONS. Art. 1506, Sec. Art. WITNESS MAY BE COMMITTED. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. Art. Acts 2017, 85th Leg., R.S., Ch. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. January 1, 2020. Motion - Defendants motion to modify bond condition July 23, 2019 Sept. 1, 1999; Subsecs. Acts 2005, 79th Leg., Ch. Copyright 1999 2023 GoDaddy Operating Company, LLC. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ June 14, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1985. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. (a) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or, (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or. Art. {\plain \fs24 \*\cs1 \par 17.141. 224 (H.B. }{\plain \fs24 \*\cs1 \par 17.071. 2, eff. S>f. September 1, 2011. The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). 17.085. 950 (S.B. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tqr\tx9603 (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. (b) amended by Acts 1989, 71st Leg., ch. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. Added by Acts 2021, 87th Leg., R.S., Ch. (3) the court defers final disposition of the case. Texas Criminal Forms | LexisNexis Store 1, eff. 5.01(a), eff. 11 (S.B. 1276 (H.B. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. September 1, 2009. (2) requests the assistance of counsel, appointed or retained. 6. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 5. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Added by Acts 1995, 74th Leg., ch. (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline Acts 2021, 87th Leg., 2nd C.S., Ch. Art. }{\plain \fs24 \*\cs1 \par cause and amending the terms and conditions of probation.\par June 16, 1991. 424, Sec. 4, eff. September 1, 2005. 1326), Sec. (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. (a) amended by Acts 1995, 74th Leg., ch. 5. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Art. Acts 2017, 85th Leg., R.S., Ch. Pearland: (832) 536-9547. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. into an Order of this Court.\par {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par

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