Bail Versus Bond Forfeited In Travis
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A judge is guided in setting bail by considering the public's safety if an individual is released on bail. Defendant's threats to a witness, for example, may be considered on this issue.
You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.
Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...
Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.
The amount of bail required depends on the severity of the crime, as well as enhancements such as using a firearm during the alleged crime, having a prison prior within the last ten years and prior sex offenses when the crime at issue is another sex offense. Bail also varies by county.
Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.
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. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.
If you start communication with both your bondsman and the court as soon as possible, your court date will, in most cases, be reset, and the forfeiture of your bond will be recalled. However, if you do not get back in touch with your bondsman or the courts, the warrant for your arrest will remain active.
If the prisoner is admitted to bail and fails to appear and surrender ing to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state.
