TDCAA Community
Misdemeanor Bonds

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July 11, 2005, 10:05
S Elliott
Misdemeanor Bonds
Can Class A and Class B Misdemeanor bonds be approved by any law enforcement officer or only the Sheriff in a county of less than 110,000 without a bail bond board??
July 11, 2005, 13:48
Martin Peterson
The officer permitted by art. 17.20 to take the bond must have the defendant in custody (not just any peace officer). But, someone other than the Sheriff is permitted make the release on bail. See also art. 17.29(a) and Atty.Gen.Op. JM-1217. I suppose, however, an issue arises whether the Defendant must be "booked" before release. Also, art. 17.28 says it is "the magistrate" who is supposed to prepare the bond. That seems to imply a different procedure.