Is a judge required to set a 2nd (low) bond in an aggravated assault w/ deadly weapon case after the assailant broke 2 of the 4 conditions of his bond

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Is a judge required to set a 2nd (low) bond in an aggravated assault w/ deadly weapon case after the assailant broke 2 of the 4 conditions of his bond

Asked on May 1, 2009 under Criminal Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In most cases, a judge has a lot of leeway in setting bail.  Under the U.S. Constitution, someone charged with a crime has a right to bail that is reasonable, under the circumstances, but that does not always mean that the bail has to be low, or that bail is available at all in cases where the judge believes that the person would be too dangerous to leave on the street or if there is too great a chance that the person would run.

The fact that this person broke conditions of his bail already would probably persuade most judges to set a higher bail for the second charge, or else order the person held without bail.

If you cannot make bail, you do have the right to ask the court to lower your bail.  This is something that is relatively hard to do, even with an attorney.  If you need to find a lawyer, you can do that at http://attorneypages.com

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Review the following: You have to figure out first if you have a bail bond or personal bond.  I believe the difference between the two is in a personal bond, you do not need a surety.

http://www.statutes.legis.state.tx.us/

Go to criminal procedure and then Chapter 17.  

If you read, you will find the individual will be re-arrested upon violation of bond conditions.


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