Breaking News- Texas Court of Criminal Appeals Limits Court Costs In Bond Forfeiture Cases

 


The Texas Court of Criminal Appeals issued an opinion today in Cause No. PD-0018-23; Continential Heritage Insurance Company v. Texas; In the Texas Court of Criminal Appeals to address court costs in bond forfeiture cases.

The court made two important rulings:

1.    The State of Texas is exempt from paying certain filing fees.  Whichever fees the State is exempt from paying, then the bondsmen cannot be required to pay them once the case is over.

2.    If the bondsmen is exonerated on a bondforfeiture under article 22.13 (a) 1-4 of the Texas Code of Criminal Procedure, then the State must pay the filing fees in that case.

The case was remanded to the Court of Appeals to determine which court costs the State is exempt from paying.

To read the opinion CLICK HERE.

If you would like to know more information, including how this may impact bondsmen, seeking a refund from a county, or if you are a county official and would like to know how this might impact your County, consider coming to PBT's Annual Meeting October 12-13.  There will be a panel discussion regarding this case and what this means for the bail industry and for bond forfeiture litigation.  If you would like to register for the annual meeting CLICK HERE.

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