Normally our Misdemeanor MTR cases are set at "no bond". Occasionally, an attorney will file a writ requesting a bond be set. My question is this: Is there a provion in the CCP that states that the Judge is "entitled" to set a bond on a Misdemeanor Motion To Revoke case? I realize the Judge has the discretion to set a bond amount, but I'm wondering whether he is "entitled" to do so. And is there a difference if the Misdemeanor probation was Deferred or not? Thanks!

If the guilt is deferred, defendant is entitled to bond. If convicted, defendant not automatically entitled to bond.

That's what I thought. Does anyone know where I can refer to this in the Code? I need to be able to print it off, underline it, draw some arrows, etc. to show that I know what I'm talking about.

That subject was covered earlier in this forum and a article written by Mark Kyrpos appeared in the Law Quiz section, I believe. The question still appears to be an open one about whether the judge may deny bond on an MTR in a misd. case. The previous discussion should help you.

I believe Texas CCP 42.12 Sec. 21(b)is the controlling statute on motions to revoke.

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