How long do police have to charge you?
When a person is arrested, they aren’t charged with anything until the prosecution files the petition in court. It is then it is determined if the charges are a felony or misdemeanor. Then the accused is arraigned before a judge and if the charges were filed as a felony, the judge will set the felony bail amount.
First, we need to clarify that the police “arrest” a person, they do not declare the charges and how to prosecute. That is left up to the prosecutor, also referred to as the District Attorney. The prosecuting office has a statute of limitations they must adhere to as to how long they have to file formal charges. Once the formal charges are announced, the arrested is presented before the judge for arraignment and the felony bail set is announced.
The statute of limitations has a set time limit for several reasons, with one to assure each case from an arrest is handled with efficiency and importance. The time limit will also maintain the integrity of evidence and eyewitness testimony. This time limit is essential in felony cases as the evidence and eyewitnesses can become compromised and unreliable if the process takes too long. Examples of crimes that may have felony bail set and no time limit for the charges to be made are:
- Certain sexual assaults
- Death from a hit and run
- Certain human trafficking offenses.
- Compelling prostitution to a child under 18 years old
Does bail mean you have been charged?
Yes, in Texas, In Texas, when the arrested is arraigned and the judge sets bail, the formal charges are in place at that time. The judge will declare the bail amount and determine if it is felony bail or misdemeanor bail. The defendant must post bail in one of several ways before they can be released.
Depending on several factors, the judge may deny bail. Those factors include the circumstances of the arrest and the charges filed, the criminal background of the arrested, and defendant’s current demeanor toward the court can play a big part in bail being denied.
What crimes allow bail?
A felony crime is considered the most severe crime of all, many will include an act of violence. Some examples of common felonies include:
- Grand Larceny
- Grand Theft
- Physical Assault
- Destruction of Property
A person that has been charged for any of these crimes will have felony bail set by a judge. That bail must be paid in full by cash or bail bond.
How long can you be kept on bail for?
In most states, a defendant can held up to 120 days while awaiting bail to be posted. The seriousness of the charges can affect this time, with a person of respectable position vouching for the defendant can make it easier to acquire bail for a longer period of time.
How much is bail for a felony theft?
In Texas, felony bail amounts can range from $1,500 and up to $5,000 and up. Some examples of different the felony degrees and their bail amounts are:
- State Jail Felony: These crimes include DWI with a child passenger, check forgery, theft of property valued between $2,500 to $30,000 the felony bail amounts are between $500 and up to $1,500.
- Third Degree Felony: The crimes in this category deadly conduct with a firearm, indecent exposure to a child, stalking, a third DWI, or intoxication assault. Felony bail amounts are range from $1,500 and up to $5,000.
- Second Degree Felony: The crimes include this category include aggravated assault, intoxication manslaughter, sexual assault, robbery, or possession of marijuana in quantity of 50 to 2,000 pounds. Felony bail amount ranges between $2,500 and up to $50,000.
- First Degree Felony: The crimes in this category include aggravated robbery, attempted murder, sexual assault against a child, or arson of a residential building resulting in death. The felony bail amounts can range between $5,000 and $100,000.
- Capital Felony: The crime of this category normally includes premeditated murder. Espionage or treason can be charged as a capital felony as well. The felony bail amount can start at $500,000 and up or denied bail may be ruled by the judge.
How much is bond for a felony drug charge?
As we stated earlier, there are factors that determine the bail amount set by the judge for misdemeanor or felony bail. The bond amount is typically 10% of the bail amount and is up to a bail bond agent if they are willing to take the risk. For felony bail, the percentage may be higher. The bail bond agent will consider what conditions a judge has established with the bail amount as well, such as electronic monitoring or any restrictions like geographical and others.
How much is bail for felony burglary?
On the low end of bail amounts, $25,000 is the typical amount for robbery charges, including 2nd-degree robbery and robbery of controlled dangerous substances. First-degree robbery bail is typically set at $100,000 bail and second-degree robbery bail is $50,000. If a firearm is used in the robbery, or any type of force was used, the bail amount increases to $50,000 minimum. If the defendant has a previous felony, the bail is set to $100,000 or more.
What is the average bail for a felony?
Felony bail will typically start at $5,000 and go up, depending on the actual charge, the defendant’s criminal record and other factors.
Can bail be dropped?
At the bail hearing, if the case is delayed, the bail may be reduced, or if the defendant’s attorney requests a bail hearing for a bond reduction or a writ of habeas corpus, which an outline must be submitted with that request why they bail should be lowered. Supporting evidence should be presented at this hearing and the defending attorney should be prepared for any arguments the prosecutor may present. Need help with your bail in Weslaco, TX? Call today!