We have a judge who grants a PR bond anytime the State asks for a continuance and the defendant is in jail, even if the indictment was filed within 90 days and the State announced ready on previous settings. I've been doing some digging but I haven't found a case directly on point. Can anyone point me in the right direction?
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is to announce ready in a timely fashion, even if trial is thereafter delayed for other reasons." Ex parte Jones, 803 S.W.2d 712, 716 (Tex. Crim. App. 1991). Recently cited as established law in a 17.151 case. Newsome
Other side of the coin: " Article 17.151 makes clear that appellant's release, either on reduced bail or his own recognizance, is mandatory. See article 17.151, §1 (providing accused "must be released" when statute's conditions are met); Gill, 413 S.W.3d at 430 (article 17.151 mandates release when State unready for trial and accused has been held on felony charge over ninety days). If the trial court decides to reduce the bail, the statute requires the trial court to reduce the bail to an amount that the record shows the accused can make. See Rowe, 853 S.W.2d at 582 n.1." Beaty
Guess it depends where you are, or which side of the coins turns up after the flip.
