Houston, TX asked in Criminal Law for Texas

Q: Is it ever permissible for a person charged with a crime in the state of Texas did not see a judge at all

Picked up on a traffic stop miniscule amount found barely enough to test was in jail 20 hours on a weekday have to do Bond supervision everyday call in to see if I have to pay to go drug test plus pay a monthly fee to the county never having seen a judge ever never been in trouble for business owner college degree

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2 Lawyer Answers
Brian Foley
Brian Foley
PREMIUM
Answered
  • Criminal Law Lawyer
  • Conroe, TX
  • Licensed in Texas

A: It sounds like you made a bond prior to your initial appearance. The first hearing that is normally held is called an Article 15.17 hearing and a county has 48 hours to complete this hearing. If you bonded out prior to the hearing the police may have not delivered your case to the district attorney's office and it may or may not be filed in the courts. All of these things depend on a number of factors including where you were arrested and for what offense.

Here's what the first part of Article 15.17 requires:

Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.

Kiele Linroth Pace agrees with this answer

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

A: Ask your criminal defense attorney about filing a motion to modify your bond to remove any unnecessary conditions.

Even conditions that SEEMED necessary to the judge who set bond after your arrest could be reconsidered to determine if they are no longer be necessary. A judge may set any requirement they think is necessary to ensure your attendance at court or to protect the community from your lawlessness. Bond conditions are NOT justified simply to punish the defendant, who is still presumed innocent as a matter of law.

Some things that seem to matter to judges considering reducing conditions are when the defendant has a good record of compliance with the condition and the condition is unduly onerous. These are not really part of the law on bond conditions but they do seem to matter to most judges. Good luck!

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