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Member |
We just passed an amendment allowing a judge to deny bail if he finds there is a danger to the victim/community. (That is a paraphrase and I hope it is correct.) Where do I find the language? My question is can a JP deny bail under these conditions? | ||
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Member |
See Texas Constitution, art. 1, Sec. 11b; and CCP 17.29 and 17.291. | |||
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Member |
Thanks, unfortunately what I found is not what I was looking for. But the District Judge did increase bond based on defendants actions. They way I read it, a JP cannot deny bond, but bond can be set based on danger to the community/victim. | |||
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Member |
The purpose of the recent change in law was to permit a judge to DENY bond if the defendant, after having been released on bail, violated a condition of release that involved a threat to public safety or the victim. So, no, a judge may not generally deny release on bail. However, if a defendant fails to comply, the judge then may deny bail. There are circumstances in which bail may be denied at the beginnning, before release. Those circumstances have to do with capital murder and habitual offenders, but proof must be presented very early in the process. The change, through a constitutional amendment, was very significant and can be used to protect victims against ongoing threats of domestic violence. | |||
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