TDCAA Community
Getting a say in Bond Reductions...

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2151042781

February 20, 2009, 15:27
kpm
Getting a say in Bond Reductions...
How is your county dealing with situations where a defense attorney gets a bond reduced (or a PR bond granted) without any notice to the prosecutor? (and thus no say). I'm mostly talking about pre-indictment, but I'm open to hear both pre and post-indictment ideas.

Has anyone found an effective method to prevent this or to be given notice and/or request a hearing?

Under Art. 17.091 it says that a judge or magistrate SHALL provide the prosecutor reasonable notice of a proposed bail reduction w/ an oppurtunity for a hearing.

A secondary question I have is... assuming I argue this statute as a basis for why I should be given notice, would PR bonds count? I'm thinking that there might be an argument that asking for a PR bond to be granted is not considered a "bond reductionm," since it isn't necessarily reducing the bond. Any thoughts or arguments?

Thanks!
February 20, 2009, 20:11
AlexLayman
A PR bond for a 3g offense? Really? Eek
April 23, 2009, 15:58
East Texas Attorney
I see that 17.091 only applies to 3g. Is there an argument to receive notice of bond reduction hearings otherwise. I see 11.11 says its the earliest possible day for the judge.