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Normally our Misdemeanor MTR cases are set at "no bond". Occasionally, an attorney will file a writ requesting a bond be set. My question is this: Is there a provion in the CCP that states that the Judge is "entitled" to set a bond on a Misdemeanor Motion To Revoke case? I realize the Judge has the discretion to set a bond amount, but I'm wondering whether he is "entitled" to do so. And is there a difference if the Misdemeanor probation was Deferred or not? Thanks!
 
Posts: 24 | Location: Fort Worth, Texas, USA | Registered: December 30, 2004Reply With QuoteReport This Post
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If the guilt is deferred, defendant is entitled to bond. If convicted, defendant not automatically entitled to bond.
 
Posts: 319 | Location: Midland, TX | Registered: January 09, 2002Reply With QuoteReport This Post
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That's what I thought. Does anyone know where I can refer to this in the Code? I need to be able to print it off, underline it, draw some arrows, etc. to show that I know what I'm talking about.
 
Posts: 24 | Location: Fort Worth, Texas, USA | Registered: December 30, 2004Reply With QuoteReport This Post
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That subject was covered earlier in this forum and a article written by Mark Kyrpos appeared in the Law Quiz section, I believe. The question still appears to be an open one about whether the judge may deny bond on an MTR in a misd. case. The previous discussion should help you.
 
Posts: 557 | Registered: November 14, 2002Reply With QuoteReport This Post
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I believe Texas CCP 42.12 Sec. 21(b)is the controlling statute on motions to revoke.
 
Posts: 58 | Registered: August 07, 2008Reply With QuoteReport This Post
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Welcome to the user forums, MMB! The more, the merrier ...
 
Posts: 2395 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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