If the Defendant is already released from custody under a reasonable bond ($2500) for a 1st degree delivery are there any downsides to me just dismissing the complaint until I get the drug results to take to the Grand Jury? I could indict before the Examining trial but then I'll be filing continuances until I get the results from the lab. What a stupid law!!!!

You consider $2,500 reasonable for a first degree felony? That's a misdemeanor bond.

First, we are quite hesitant to indict dope cases without a lab report except maybe in marijuana cases. Second, if you can find your crook again, there's not much of a downside to dismissing and indicting later. When he's indicted, he'll be picked up again and he'll probably have dope on him. He'll have to post a new bond and you might be able to get a higher bond next time. Just my thoughts.

Yes I agree it's low for a 1st degree. He has bonded out so what would you do under the circumstances Mr. Bradley?????Do you set the bonds for Williamson County??? Do the JP's call you for your input on bonds??

I wouldn't indict until you have a lab report. What we do in those cases is to file a continuance in the Examining trial court stating that we haven't got the lab back yet.

I wouldn't indict the case without a lab. I've only done this a few times. (Under circumstances when we had a DEA agent present who did the field test then took a photo of the field test showing clearly the blue fluid testing positive for Meth. And then we only indicted 481.124 Cert. Chem. We re-indicted with a manufacturing charge when the lab came back over 400gs.)

I don't know that there is an advantage to dismissing the charge. Although if you dismiss it, then indict it, will you have a district judge set the bond instead of the magistrate who set the lowball in the first place?

Here, the magistrating judge sets a bond then the bond is reconsidered on indictment. Sometimes the magistrate doesn't know the gram amount, or thinks it's a first DWI when it's a third and so on. The district judge frequently changes the bond if the dollar amount isn't appropriate given the charge eventually indicted.

We would file a motion to increase bond, alleging some facts, the degree of offense and any criminal history as the basis. And, we wouldn't use nearly as much punctuation.

Why not have a short and sweet examining trial and ask for an increase in bond once the judge has heard the facts. If it is a hand-to-hand delivery, you should not have much to worry about in terms of revealing your case and the defendant will remain on bond and not have to be re-arrested later.