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Member |
I am just asking for some refreshers here, but I'd appreciate some suggestions as to the best way to go about seeking an increase/revocation of a bond, if you receive CREDIBLE information that a defendant facing multiple 1st Degree Felony Charges is seeking to leave the country. | ||
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Member |
I think pre-indictment the procedure you follow is set out in CCP 16.16 Post-indictment is set out in CCP 17.09(3) In both cases, it would appear proper to have defendant arrested before a hearing could take place regarding necessity for increase. The Rules of evidence would apply at such hearing. TRE 101 (d)(1)(E) So far as I know, trial court cannot deny bail in noncapital cases except in very limited circumstances. Art. I sec 11a TX Const. | |||
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Member |
I am not certain that either of the statutes pointed out above would authorize an arrest absent a judicial order. Perhaps the bondsman could be persuaded to file an affidavit of surrender under CCP Art.17.19 using your credible information and the judge could issue a warrant on that basis and increase the bond accordingly. | |||
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Member |
File a motion setting out the facts you expect to prove concerning the d's anticipated flight. Serve it on the atty of record. If no atty, serve it on the bondsman. At the hearing, hearsay is inadmissible. If the d fails to show, move the court to hold the bond isufficient and issue a warrant for the d. | |||
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Member |
Got the direction I am looking for, appreciate it. | |||
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