I have a Judge asking me for the authority to hold someone without bond on a MTR. Can anyone give me that authority. Also, is it true that you can't hold someone without bond on an MTA? If so, what is that authority? These both apply to felonies.

Since the constitutional right to bail only applies to persons being held prior to conviction, a person on felony regular probation can be held w/o bail. - Ex parte Jones, 460 SW2d 428.

Since a person on felony deferred is not convicted, he or she is entitled to bail. - Ex parte Laday, 594 SW2d 102.

Sec. 21 (b) of 42.12 provides: "A defendant so arrested may be detained . . . until he can be taken before the judge. * * * If the defendant has not been released on bail, ..." Certainly this language seems to grant the court authority to deny bail. Interestingly, Sec. 5 (b) provides: "the defendant may be arrested and detained as provided in Section 21 of this article." Maybe that provision (if not unconstitutional) also allows denial of bail where the arrest is made in connection with a motion to adjudicate.

The case law is well-settled, whatever we may think of it. It is one reason we went for a constitutional amendment recently to give judges the authority to deny bail (rather than simply revoke bond) when a defendant violates a condition of bond.

Except for the circumstances listed in the state constitution (e.g., a death penalty case and certain criminal histories), judges must grant bail if a defendant has not yet been convicted. That includes deferred adjudication. Doesn't make much sense, but that is the way the provision has been interpreted by appellate courts. If you want something else, go for more changes to the Texas Constitution (which I think would pass, as shown by the overwhelming support for the recent amendment) or get 5 votes on the CCA.

Has the law changed since JB posted this last post? Are you still entitled to a bond on a Motion to revoke on a deferred adjudication probation?

No changes to the reasoning/law requiring bail for defendant facing Motion to Adjudicate. There have been some amendments to the Texas Constitution and CCP that set up additional circumstances for denying bail:

see CCP, articles 17.152 and 17.153 and 17.40.

Those various circumstances do permit a judge to deny bail before a conviction takes place but only if D violates certain conditions of release while on bond.

After Shepardizing Ex parte Laday, I don't find any courts overruling that case.

This message has been edited. Last edited by: JB,