I'm surprised judges don't get in trouble more often for bail decisions:

Pierce County Superior Court judges, under fire for their decisions regarding Clemmons, say the bail decisions and amounts set for his release have been misstated in some media accounts, and in some cases misunderstood. Outside of capital cases, criminal defendants have the right to bail.

Details.

Over the last few years, the Leg has amended the law to create more categories for no bail. Anyone using those new laws?

When warranted, I have used the new constitutional amendment 11b to deny bail when a defendant commits a violation of bond that is a threat to the safety of the victim or the community. Our judges have been pretty receptive to this. However, 9 out of 10 times, I will just use a motion to increase bond and usually the defendant will not be able to make the new bail.

Anyone having special conditions put on their magistrate warning forms so the defendant cannot say he was not aware of any conditions of bond? We use special conditions for alcohol and family violence cases, but I would like to explore the idea of having conditions such as commit no new law violations put on all felony cases ...

If someone is doing this I would appreciate a copy of your form to share with our judges.

Requiring all felony defendants to commit no new crimes should be a minimum requirement. While you might not always seek a no bond status following commission of a new crime, it sure seems reasonable to protect the victim and public in all cases with such an option.

But, as you suggest, it requires that your judge (or some magistrate earlier in the process) impose the condition and notify the defendant.

Cory,
We use bond conditions with several options for the magistrates to check off. Standard conditions are to not commit a new crime and a curfew. Email me at ken.sparks@co.colorado.tx.us and I will send you a copy.

Thanks Ken!

Do you have to have a written bond condition, "Do not commit new crimes while out on this bond," to revoke a defendant's bond? It seems to me that condition is implicit in any bond. In any case, if a def. commits new crimes while on bond, that would be a change of circumstance that should allow the court to revoke bond. If you can revoke bond because you get word the defendant is fixing to blow town to go join the French Foreign Legion, why wouldn't the same thing apply if the def. commits new crimes?

Terry, we are talking about the difference between denying bail and revoking a bond.

Sure, any new information could cause a judge to revoke a bond and set a higher bail, requiring the defendant to be re-arrested and post a new bond.

But, to deny bail altogether, judge must have set written conditions of a bail and then hear evidence that one or more of those conditions has been violated.

So, yes, to deny bail, judge must have set conditions before a violation occurs.