arrest on increased bond warrant

[jj321]

In Texas-my boyfriend was just arrested on a bond warrant although we paid his bond to get him out of jail on may 16th. The judge increased his bond even though he poses no flight risk, stays in touch with his lawyer, has shown up in court when scheduled to and has no previous criminal history. His initial charge was aggravated assault even though there was no threat of harm, no injury to body or property, no weapons involved or anything. He had gotten into an argument with a guy in a parking lot when leaving a bar one night and this other guy chased him down on his motorcycle after he left. Well the cops pulled them both over for speeding and only arrested my boyfriend and claimed he was trying to murder the off duty deputy, which his lawyer even says if completely unfounded and ridiculous. Well, today he was arrested because the judge increased his bond from what was originally $11,000 to $250,000. I am curious to find out if anyone can explain how they can do this when my boyfriend has done everything required of him to this day and in no way has ever presented as being any kind of risk. Even the deputy sheriff said it was really odd that they increased it like this. We don't have the money to post a new bond and I have no idea what to expect will happen (neither one of us has ever dealt with legal problems before). If anyone has any information or suggestions on where I can find help it would be greatly appreciated.

[HomeGuru]

Originally Posted by jj321

In Texas-my boyfriend was just arrested on a bond warrant although we paid his bond to get him out of jail on may 16th. The judge increased his bond even though he poses no flight risk, stays in touch with his lawyer, has shown up in court when scheduled to and has no previous criminal history. His initial charge was aggravated assault even though there was no threat of harm, no injury to body or property, no weapons involved or anything. He had gotten into an argument with a guy in a parking lot when leaving a bar one night and this other guy chased him down on his motorcycle after he left. Well the cops pulled them both over for speeding and only arrested my boyfriend and claimed he was trying to murder the off duty deputy, which his lawyer even says if completely unfounded and ridiculous. Well, today he was arrested because the judge increased his bond from what was originally $11,000 to $250,000. I am curious to find out if anyone can explain how they can do this when my boyfriend has done everything required of him to this day and in no way has ever presented as being any kind of risk. Even the deputy sheriff said it was really odd that they increased it like this. We don't have the money to post a new bond and I have no idea what to expect will happen (neither one of us has ever dealt with legal problems before). If anyone has any information or suggestions on where I can find help it would be greatly appreciated.

**A: please post the DA's side of the story.

[CavemanLawyer]

Does your boyfriend have any past felony convictions? A bond of $250,000 in most counties is the bond reserved for habitual offenders, meaning that they have at least two prior felony convictions. Any charge of 3rd degree or higher (Agg. Asslt. is 2nd degree) with two prior felonies the bond will usually be $250,000.

In Texas, on a felony arrest the bond must be set by an intake DA. Often the arresting officer does not have the defendant's complete criminal history available so the DA gives a basic bond. If criminal history is discovered later, than the State can motion for a bond increase. This is a possible explanation for the bond increase, and it really would jump that much higher like that.

His attorney needs to file a motion for a bond reduction and request a hearing with the court.

[Kane]

Judges in Texas can increase the bond at any time. I forget the exact language, but it's something like "good and sufficient cause." There's no specific definition of what that means exactly. However, it's extremely unlikely the judge increased the bond for no reason. The defendant's attorney should know the reason. If he doesn't, he should be able to find out.

Caveman: bonds are set by judges, not DA's.

[CavemanLawyer]

Originally Posted by Kane

Caveman: bonds are set by judges, not DA's.

I guess if you want to get technical, yes, its the judge that formally sets it since they sign off on it, but the initial bond amount is still determined by the intake DA. The judge can change it before signing the arrest warrant/probable cause finding if they want but my point is just that the initial bond amount is determined during intake when the DA doesn't always have an accurate criminal history. When past convictions are later discovered, that's the most common reason a bond goes up especially when it is such a huge increase like that.

Btw, ask any officer in Texas who sets the bond on a felony and I guarantee you they will tell you its the DA. The judge/magistrate might not sign off on the bond for up to 48 hours after arrest. Meanwhile the Defendant has already bonded out and gone home on the bond that the DA "set."

[Kane]

Hi Caveman. I'm out of Austin, but I don't think that's how they do things here. The police submit a pc affidavit to the magistrate, who determines whether the PC is adequate, and also sets the bond. I don't think the prosecutors have anything to do with it up to that point. By the time the case gets sent to intake (misd) or grand jury (fel) the defendant may have already bonded out. Bonds get set all night, and if prosecutors work that late, I've never heard of such a thing. I'm curious how they do things where you are.

[CavemanLawyer]

In Texas, the family code requires that all felony juvenile arrests be screened through an intake DA at the DAs office first. I don't know of any requirement for adult felony arrests, but I've never heard of a DA's office that doesn't do it. Charging someone with a felony is a big deal and the arrest alone shows on their criminal history even if charges are dropped the next day (unless they get them expunged.) If charges are filed when there really is no probable cause, that opens the city up to civil suits. The intake DA is also responsible for telling the officer(s) what additional evidence needs to be gathered, and how to gather it, before charges are filed. Without guidance from a prosecutor, it is inevitable that officers will periodically botch investigations and cause evidence to be lost or later suppressed. The bond on the felony arrest is always set initially by the prosecutor during the intake call. Officers have discretion on setting the bond for misdemeanors, but not felonies.

Intake calls are sent to the DA's office during working hours. After hours and on weekends and holidays there is a rotation of prosecutors assigned to intake. They are given a pager and a cell phone and officers know to call the intake line after hours. The intake prosecutor also has to go to major crime scenes and make sure the evidence is properly/legally collected. Intakes are a 24 hour function.

I've worked in the Brazoria County, Harris County, and Galveston County DA's offices and all require intakes before felony/juvenile arrest. I've been an intake DA with Harris and Galveston counties. Working with the TDCAA, I've met prosecutors in probably every county in Texas. There are some very small counties where there is only a DA and maybe one or two prosecutors. Their crime rate is so low, that the officer just calls the DA when something happens. In a county of any real size, I guarantee that they have a 24 hour intake process.