Houston, TX asked in Criminal Law and Civil Rights for Texas

Q: Whats the difference between failure to appear.if you go to court and leave? Than jumping bail cause you left court?..

My son went to court .18 yrs old got scared and left ..they got him for bail jumping ? Shouldnt it be failure to appear to court..bail jumping would be leaving state ? ..or never planned on cominh to court and someone had to track you down..he was arrested right after that just down the street same town..they tried getting him for escape makes no dam sense to me..so they droped that charge to bail jumping now.i dont understand how this could be a bail jumping ..instead of a simple failure to appear..??and to top that all off they are bringing up his non violent charges up for his prision term and from his juvinile records ..witch gave him so dam many point 1 st time offender in prision .sending him to a high max prision..i fear for him he still a young man ..

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: No significant difference, see: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm#38.10

Texas Penal Code Sec. 38.10. BAIL JUMPING AND FAILURE TO APPEAR.

(a) A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.

(b) It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence.

(c) It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release.

(d) Except as provided in Subsections (e) and (f), an offense under this section is a Class A misdemeanor.

(e) An offense under this section is a Class C misdemeanor if the offense for which the actor's appearance was required is punishable by fine only.

(f) An offense under this section is a felony of the third degree if the offense for which the actor's appearance was required is classified as a felony.

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