Bail Bond


Substantial Evidence is Required for the Denial of Bail

Bail Bond

Article provided by Lauren Williams, Legal Writer for The Law Offices of Randolph H. Wolf.
Article 1, § 11 of the Texas Constitution provides the right to bail to all defendants except those charged with capital offenses. Article 1, § 11a is one of the exceptions to Article 1, § 11. Under Article 1, § 11a, the courts can deny bail to a defendant. The Court of Criminal Appeals of Texas recently vacated the order of a trial court that denied bail under Tex. Const. Article 1, §11a stating that the State failed to present evidence “substantially showing” the Appellant’s guilt for the burglary of a habitation.

The appellant, Burton Leon Spell, was arrested on January 6, 2013 and jailed for a new offense of burglary. After a hearing on January 8, 2013, the trial court denied bail under Article 1, §11a, because Appellant was alleged to have committed a felony (burglary of a habitation) while released on bail for a prior felony for which he had been indicted. On appeal, the appellant contended that State failed to present evidence “substantially showing” his guilt for the burglary of a habitation.

The State presented Deputy William Land to provide evidence against the appellant. The Deputy testified that he met and spoke with the owners of a mobile home who told him that ‘someone’ had broken into their home and removed the copper wiring from the ceiling fans. The owners could only tell that someone had been staying in their mobile home without permission as they did not live in the home. The owners did not know if any other property was missing from the home. Land also testified that the people who lived next door to the mobile home told him that the appellant and his girlfriend had been staying at that home the week prior to the Deputy’s visit to the mobile home.

For guilty of burglary, the State has the burden to present evidence “substantially showing” defendant’s guilt. The courts generally consider the evidence in light of general rule that favors the allowance of bail.

In the present case, the State could produce evidence to show that appellant had been staying in the mobile home without permission about a week before the visit of the Deputy. The State could not produce any evidence to show when the owners had last checked the mobile home as they did not live in there. Moreover, the State failed to produce any evidence to show that how long the home had been vacant so as to provide a time frame in which the theft of the copper wire could be ascertained. The State could produce only evidence to show the presence of the appellant for a week without any connection to the theft of the copper wire.

The Court of Criminal Appeals held that the evidence presented by the State does not substantially show the guilt of the appellant. Therefore, the Court set aside the order of the trial court and remanded the case to the trial court to set a reasonable bail.

The opinion on this case can be found here: http://law.justia.com/cases/texas/court-of-criminal-appeals/2013/ap-76-962-1.html

The above article does not necessarily reflect the opinions of Madrid Law.

Harris County Felony Bail Bond Schedule

Bail Bond

I often get calls regarding from individuals inquiring about bail bonds. In Harris County in both Felony District Courts and Misdemeanor County Criminal Courts at Law a Bail Bond Schedule has been established. Harris County District Courts  have jurisdiction over all felony offenses. The bond schedule for these offenses is as follow:

District Court Bail Schedule

 

Offense                                                                 Bail

 

All capital felonies……………………………………………………………………………………………………     No Bond

 

All murders not particularly specified below…………………………………………………………….     $50,000.00

 

All first degree felonies not particularly specified below………………………………………….     $20,000.00

 

All second degree felonies not particularly specified below…………………………………….     $10,000.00

 

All felony DWI’s not particularly specified below……………………………………………………     $10,000.00

 

All third degree felonies not particularly specified below…………………………………………     $ 5,000.00

 

All fourth degree (State Jail) felonies not particularly specified below……………………..     $ 2,000.00

 

Repeat Offenders

 

Habitual……………………………………………………………………………………………………………………     No Bond

 

First degree felony with previous conviction…………………………………………………………..     $30,000.00

 

Second degree felony with previous conviction………………………………………………………     $20,000.00

 

Felony DWI with previous felony DWI conviction………………………… Double bond amount for each

                                                                                                                   previous felony DWI conviction.

 

Third degree felony with previous conviction………………………………………………………….     $10,000.00

 

Fourth degree (State Jail) felony with previous conviction………………………………………     $ 5,000.00

 

Fourth degree (State Jail) felony with more than one previous conviction……………….     $15,000.00

 

Defendant on Bail for any Felony Charge with:

 

First degree felony……………………………………………………………………………………………………     No Bond

 

Second degree felony………………………………………………………………………………………………     No Bond

 

Third degree felony………………………………………………………………………………………………….     No Bond

 

Fourth degree (State Jail) felony………………………………………………………………………………     No Bond

 

Particular Situations

 

Multiple Counts……………………………………………………………………….                 Separate standard bail for

                                                                                                                      each offense in the transaction.

 

Person on felony probation for any grade of felony…………………………………………………     No Bond

 

Any 3g offense or where deadly weapon alleged…………………………………………………….     $30,000.00

 

Person with deportation history or undocumented presence in United States…………     $35,000.00

 

Motion to Revoke Probation……………………………………………………………………………………     No Bond

 

Motion to Adjudicate Guilt………………………………………………………………….. At the Judge’s Discretion

 

Large quantities of controlled substance or                                                        Double the value of

               large quantities of stolen property…………………………………………….     the controlled sub-

                                                                                                                                    stance or property.

 

If you have a question about a bond or have any other criminal law question and are in need of a Houston Criminal Defense Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Harris County Misdemeanor Bail Bond Schedule

Bail Bond

I often get calls regarding from individuals inquiring about bail bonds. In Harris County in both Felony District Courts and Misdemeanor County Criminal Courts at Law a Bail Bond Schedule has been established.Harris County Criminal Courts at Law have jurisdiction over  Class A and Class B Misdemeanors. The bond schedule for these offenses is as follow:

 

Misdemeanor Bail Schedule

Class: B, Standard Offense

 

1st Offense

 

$500

 

2nd Offense

 

$500, plus $500 for each prior misdemeanor conviction

 

plus $1,000 for each prior felony conviction

 

Not to exceed $5,000

 

Class: A, Standard Offense

 

1st Offense

 

$1,000

 

2nd Offense

 

$1,000, plus $500 for each prior misdemeanor conviction

$1,000 plus $1,000 for each prior felony conviction

not to exceed $5,000

 

Class: Family Violence or Threat of Violence

 

1st Offense

 

$1,500

 

2nd Offense

 

Plus $2,000 for each prior conviction for a violent offense or threat of violence

 

Class: DWI

 

First Offense

 

$500

 

Subsequent Offense

 

$2,500 plus $1,000 for each prior conviction not to exceed $5,000

 

Class: Any offense committed while on bond, community supervision, intervention, or parole.

Any motion to adjudicate or revoke community supervision.

 

$5,000

$5,000

 

If you have a question about a bond or have any other criminal law question and are in need of a Houston Criminal Defense Lawyer call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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