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Defendant is charged with 3 felonies: 1) Burglary of Habitation with Intent to Commit Assault; 2) Sexual Assault; and 3) Assault FV Impeding Breath/Circulation. Defendant and Victim are spouses, but are separated and do no live together. Defendant was arrested and magistrated by a JP. Defendant appears in District Court approximately 20 days later and is given a court-appointed attorney. Defense attorney files an Application for Writ of Habeas Corpus Seeking Bail Reduction, and a hearing is held 1 day later. District Judge reduces bail amount and enumerates no-contact with Victim conditions; Defendant does not make bond. 90 days pass and Defendant is still in county jail. Defense attorney files another Application for Writ of Habeas Corpus Seeking Bail Reduction and District Judge give PR Bonds on all 3 cases. No-contact with Victim conditions are carried over and written on PR Bonds; Defendant is admonished of the same. In between the 2 bond hearings, a Protective Order is issued against Defendant with same no-contact conditions. 7 days after release from custody on PR Bonds, Victim makes report to law enforcement of Defendant contacting her via telephone and text message. Defendant was strictly admonished by District Judge (2 separate times) that this behavior would not be tolerated. State attempted to file a Motion to Revoke Bonds of Defendant, but Clerk said they cannot take filings on unindicted cases. District Judge heard some testimony (both parties present) and temporarily revoked 1 PR Bond and set at no bond until a hearing could be held (1 week later) - Judge also instructed District Clerk to issue a Capias to bring the Defendant back into custody. District Clerk says they have to means to issue a capias on a civil case (remember, cases are still unindicted). It has been suggested that the Motion to Revoke Bonds should have been filed with JP taking complaints (we do not have direct district filing in our county), but JP cannot revoke a bond set by the District Judge (or am I wrong)? Law enforcement is attempting to get a warrant on the Violation of Protective Order charge, but having a delay in doing so.

Basically, we are unable to find a way to get Defendant back into custody. My concerns are for the safety of the Victim and the community (this guy's done this before...twice!), and that it should be easier to prove violation of bond condition (preponderance) versus Violation of protective order (BRD).

I'm not sure my question is even clear, but I need guidance. This has happened before and I feel the State's hands are tied as to relief. I'm new to the this, so any help is greatly appreciated.
 
Posts: 45 | Location: 21st District | Registered: September 06, 2012Reply With QuoteReport This Post
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If you have a defendant on a felony bond that commits a new crime you can always file a motion to increase bond under CCP 16.16. CCP 16.16 envisions a warrant being issued for the arrest of the defendant where it is shown by affidavit that the bond is insufficient. (What better proof of insufficiency than to show that the defendant has committed a new crime while already out on bond.)

Art. 16.16. IF INSUFFICIENT BAIL HAS BEEN TAKEN. Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the
district or county court, that the bail taken in any case is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective or insufficient, such judge shall issue a warrant of arrest, and
require of the defendant sufficient bond and security, according to the nature of the case.

The motion to increase will result in the warrant being issued and the defendant being held until the bond hearing takes place. You can file a hybrid motion to increase and motion to revoke for a violation of a condition related to the safety of a victim of family violence under CCP 17.152. If, at the hearing on the violation, the judge finds that the defendant violated a condition of the bond related to the safety of the victim or the community, the defendant can be held without bond.

If you need a copy of some sample motions, please feel free to email me.
 
Posts: 146 | Location: Vernon, Texas | Registered: February 02, 2007Reply With QuoteReport This Post
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Can you get an arrest warrant under PC 25.07?
 
Posts: 52 | Location: Fort Worth | Registered: March 24, 2008Reply With QuoteReport This Post
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