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Defense counsel filed a motion to reinstate bond in the criminal case. The gist is that the bondsman didn't have sufficient cause to go off the bond. Occupations Code 1704.207 places jurisdiction in the court that authorized the surrender. But does that mean that it gets argued under the same cause as the criminal case?

I've already argued, and the only case remotely on point that I can find (833 S.W.3d 619)seems to suggest, that the surrendering court is the appropriate court for the action, but that it should be filed as a separate civil suit apart from the criminal cause.

This is the first one of these we've seen, and the judge isn't phased by my "separate cause" argument. Anybody familiar with a Motion to Reinstate Bond and the proper procedures we should be following?
 
Posts: 104 | Location: Brazos County, Texas | Registered: February 10, 2010Reply With QuoteReport This Post
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If it's being heard in the court with jurisdiction, you shouldn't need a separate civil suit, I don't THINK. Seems like clerks need a separate civil file when their particular court doesn't yet have jurisdiction i.e. habeas writ in unindicted felony. Personally, I prefer to file the case by information and just have everything in one place rather than have bond hearings in justice court.
 
Posts: 43 | Location: Brenham | Registered: March 24, 2010Reply With QuoteReport This Post
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