Have a situation where a defendant failed to appear in court for a felony case he was previously indicted for. Judge forfeited his bond and set new bond at triple the amount of the original bond. Defendant is subsequently rearrested and promptly makes the new bond and gets out of jail again.

I am contemplating seeking an indictment against the defendant for bail jumping/failure to appear per P.C. 38.10. My question in this: Can I request the judge to deny bond for a new bail jumping indictment per the provisions of Texas Constitution, Art. 1, par. 11a which allows bond to be denied for, inter alia, committing a new felony (bail jumping) while out on bond for a previously indicted felony?

Any thoughts?

I am assuming it has been more than 7 days since the defendant bonded on the FTA ... the following language in 11a is going to be a problem:

"may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused"

I would likely go under 11b or just file a motion to increase bond and try to get a really high bond on the new bail jumping charge considering the defendant's prior conduct on bond.