TDCAA Community
Revoking/reinstating a personal bond under 44.01(g)

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6031097012

October 12, 2010, 18:56
Lori J. Kaspar
Revoking/reinstating a personal bond under 44.01(g)
1. Defendant arrested for POCS w/ intent to deliver.
2. Def. violates bond conditions related to UA.
3. Def.'s bond revoked and def. arrested. Def. gets court-appointed attorney b/c he is indigent.
4. Judge grants def's Motion to Suppress while def. is still in jail.
5. State appeals. Judge lets def. out on appeal/PR bond w/ drug testing conditions.
6. Def. violates bond conditions related to UA again.
7. Case has been submitted but no decision yet by the appellate court.

Question: Is the defendant entitled to another PR bond if he violated the conditions of the first one?

On one hand, 44.01(g) would seem to say "yes". On the other hand, the def. is in jail - not b/c his case is on appeal - but b/c he violated the court's previous bond conditions.

If he is entitled to another PR bond, what's the point? He's just going to keep using and getting arrested / released until we get a disposition from the appellate court. It seems pointless.

I've looked for cases addressing this issue and can find none. Any help is appreciated!
October 13, 2010, 11:29
JB
How about arguing that article 17.40, CCP, modifies the bond law by authorizing denial of bail upon proof that defendant has violated conditions related to the safety of the community.