Bail and Bond Motions

• Author: Robert K. Gill/Mark G. Daniel
• Pages: 287-320

9-1

CHAPTER 9

bail and bond motions

I. Securing the Client’s Bond

§9:01 General Points

§9:02 Constitutional and Statutory Provisions

§9:03 Setting a Reasonable Bond

§9:04 Reinstating Bonds or Bond Amounts

§9:05 Setting Aside Bond Forfeitures

§9:06 Habeas Writ for Bond Reduction

II. Conditions of Bond

§9:10 Statutory Provisions

§9:11 Objections to a Condition

§9:12 Habeas Corpus Relief From Unreasonable Bond Condition

III. Release of Defendant Because of Delay

§9:20 Statutory Provisions

§9:21 Writ of Habeas Corpus

IV. Appeal Bonds

§9:30 Statutory Provisions

§9:31 Motions for Appeal Bond

V. Surrender of Principal by Surety

§9:40 Statutory Provisions

§9:41 Notice to Principal’s Attorney

Texas Criminal Forms 9-2

VI. Denying Bail

§9:50 Constitutional Provisions

§9:51 Judge May Deny Bail

§9:52 Bond After Denial of Bond

VII. Forms

Form 9-1.1 Motion to Set Reasonable Bond

Form 9-1.2 Defendant’s Motion for Release Without Bond (Art. 15.17(b))

Form 9-2 Application for Writ of Habeas Corpus and Motion for Reasonable Bond

Form 9-3 Brief in Support of Motion for Reasonable Bond

Form 9-4 Motion to Reinstate Bond or Bond Amount

Form 9-5 Motion to Set Aside Bond Forfeiture

Form 9-6 Application for Writ of Habeas Corpus for Reasonable Bond

Form 9-7.1 Written Objection to Bond Condition

Form 9-7.2 Defendant’s Motion to Modify Bond Conditions

Form 9-8 Habeas Corpus Petition for Relief From Unreasonable Bond Condition(s)

Form 9-9 Application for Writ of Habeas Corpus (Art. 17.033)

Form 9-10 Application for Writ of Habeas Corpus (Art. 17.151)

Form 9-11 Motion for Reasonable Appeal Bond

Form 9-12 Motion for Appeal Bond After Reversal

Form 9-13 Affidavit of Surety to Surrender Principal

Form 9-14 Motion to Deny Bail

Form 9-15 Motion to Set Aside Denial of Bond

9-3 bail and bond moTions §9:02

I. SECURING THE CLIENT’S BOND

§9:01 General Points

From the client’s perspective, one of the most

important functions performed by a lawyer is that of

securing the client’s release from confinement on bond.

After the initial release on bond, it is necessary in

some cases to take steps to maintain the defendant’s

freedom on bond. Some problems that frequently occur

are bond forfeitures and declarations of bond insuf-

ficiency due to violations of bond conditions. For bond

forfeitures, see §9:05.

Also, conditions of bond are becoming more of

a concern to criminal law practitioners because of the

increasing number of bond conditions required by

the Code of Criminal Procedure and trial courts. For

conditions to bonds, see §§9:10-11.

§9:02 Constitutional and Statutory

Provisions

United States Constitution Amend. VIII.

Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and

unusual punishments inflicted.

Texas Constitution Art. 1, §11.

All prisoners shall be bailable by sufficient

sureties, unless for capital offenses, when

the proof is evident; but this provision shall

not be so construed as to prevent bail after

indictment found upon examination of the

evidence, in such manner as may be pre-

scribed by law.

Texas Constitution Art. 1, §13.

Excessive bail shall not be required, nor

excessive fines imposed, nor cruel or unusu-

al punishment inflicted. All courts shall be

open, and every person for an injury done

him, in his lands, goods, person or reputa-

tion, shall have remedy by due course of law.

Tex. Code Crim. Pro. Art. 1.07. Right to Bail

All prisoners shall be bailable unless for

capital offenses when the proof is evident.

This provision shall not be so construed as

to prevent bail after indictment found upon

examination of the evidence, in such manner

as may be prescribed by law.

Tex. Code Crim. Pro. Art. 1.09. Cruelty Forbidden

Excessive bail shall not be required, nor

excessive fines imposed, nor cruel or unusu-

al punishment inflicted.

Tex. Code Crim. Pro. Art. 17.38. Rules Applicable to

All Cases of Bail

The rules in this Chapter respecting bail are

applicable to all such undertakings when

entered into in the course of a criminal

action, whether before or after an indictment,

in every case where authority is given to any

court, judge, magistrate, or other officer,

to require bail of a person accused of an

offense, or of a witness in a criminal action.

Tex. Code Crim. Pro. Art. 15.17(b) Duties of arrest-

ing officer and magistrate

After an accused charged with a misde-

meanor punishable by fine only is taken

before a magistrate under Subsection

(a) and the magistrate has identified the

accused with certainty, the magistrate may

release the accused without bond and order

the accused to appear at a later date for

arraignment in the applicable justice court

or municipal court. The order must state

in writing the time, date, and place of the

arraignment, and the magistrate must sign

the order. The accused shall receive a copy

of the order on release. If an accused fails

to appear as required by the order, the

judge of the court in which the accused is

required to appear shall issue a warrant for

the arrest of the accused. If the accused is

arrested and brought before the judge, the

judge may admit the accused to bail, and

in admitting the accused to bail, the judge

should set as the amount of bail an amount

double that generally set for the offense

for which the accused was arrested. This

subsection does not apply to an accused

who has previously been convicted of a

felony or a misdemeanor other than a mis-

demeanor punishable by fine only.