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At a hearing to set conditions on a defendant's bond, based on credible allegations that the defendant is a flight risk, do the Rules of Evidence apply? Specifically concerned with hearsay. Please point me in the right direction.
 
Posts: 97 | Location: Austin, TX | Registered: May 20, 2002Reply With QuoteReport This Post
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David, responding this way is easier than walking all the way down the hall!

See Rule of Evid. 101(d)(1)(E). Rules of Evidence don't apply in "proceedings regarding bail except hearing to deny, revoke, or increase bail."
So if you're just setting the bail amount conditions on the bond initially, I don't think the rules of evidence apply.
If you've gotten new information after a bond has been set and are asking the judge to raise his bail and add conditions, then I think they would apply.
If you're just asking him to add conditions without increasing the amount of bail, then I don't think they apply.
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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