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Posting this in the criminal section hoping for a response....I have recently run into an issue with criminal some appeals from JP court to County Court....I just recently noticed that a couple of attorneys are sending appeal bonds to the JP that do not bind, nor have the signature of the defendant attached thereto....
The issue came up this week when the defendant failed to show for court and I looked closely at the bond as we were preparing the NISI paperwork...
Based on my research, it appears the bond must be made as all other bonds, which seem to require the signature of the principal. Am I correct in instructing the Justice courts not to approve appeals,and bonds thereon, until the defendant has executed the bond as well as the principal?
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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Here's the authority I've got to support your position.

CCP 44.20 -- The rules governing appeal bonds in the same as the rules governing bail bonds.

CCP 17.08(b) -- The (bail) bond must be signed by the same or mark of the PRINCIPAL and sureties, if any.

CCP 45.0425 -- the requirements for an appeal bond from JP Court must meet the same requirements as any other appeal bond ("if the appeal bond otherwise meets the requirements of this code, the court without requiring a court appearance by the defendant shall approve the appeal bond...")

I'm starting to look into this for our county as well, please keep me informed on how things go for you.
 
Posts: 81 | Registered: December 13, 2013Reply With QuoteReport This Post
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Those were the same requirements I found....
Normally this isn't an issue as those defendants that appeal are anxious to resolve their issues and typically pay the fines promptly. However, there have been a couple lately who have not signed the appeal bond and have not timely paid nor shown up for the court date after the case has been forwarded to the county court.

If the JP refuses to approve the appeal bond because it is defective and the case remains in JP court I would argue the JP could still set the case for hearing etc under the original promise to appear.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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I believe you are both correct, bond forfieture will not be a remedy. Consider criminal FTA and issue a brand new capias for that offense. Remember there is one version in Transportation Code for those violations and another in Penal Code for all other offenses.
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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Based on the article about Writs of Procedendo TMCEC The Recorder if the case is appealed to the County Court with a defective bond, the remedy appears to be for the County Court to send it back to the JP or Muni Court for execution of the judgment.
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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I have drafted an order for the county judge to sign remanding the cause back to JP court due to a deficient appeal bond .....we will see how that goes.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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Check out CCP 44.15. If the county court judge finds the appeal bond is deficient, he has to give the defendant a chance to post a new bond. The statute says "may", but the caselaw says he has to give them the chance.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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