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Can Dist. Ct. Order Bond Conditions if Complaint Filed in JP Ct.? Login/Join 
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Texas caselaw indicates that a District Court cannot, prior to indictment, increase the bond set by a JP on a felony case when the complaint for the case was filed in JP court. See Ex parte Clear, 573 S.W. 2d 224 (Tex. Crim. App. 1978).

Does this mean that a District Court has no jurisdiction to order no contact as condition of bond prior to indictment in domestic violence cases where the complaint was filed in JP court?
 
Posts: 17 | Registered: August 08, 2007Reply With QuoteReport This Post
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District judges can raise bonds on unindicted cases that will be heard in their court. See 17.21 CCP.

Was the case filed as a class C in JP court, or was the arrest warrant affidavit filed with a JP court?
 
Posts: 4 | Location: Waco, Texas, USA | Registered: July 12, 2011Reply With QuoteReport This Post
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The PIA was in JP Court on a felony and the bond was set in JP court during PIA.
 
Posts: 17 | Registered: August 08, 2007Reply With QuoteReport This Post
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Just eliminate the question of the District Court's jurisdiction and file a complaint and information in the district court. Unless waived by the defendant, you will still need to have an indictment for trial, but in the meantime the District Judge (magistrate) "may impose any reasonable condition of bond related to the safety of a victim."
 
Posts: 260 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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