The Professional Bondsmen of Texas- Blog

On December 6, 2023, the Texas Court of Criminal Appeals handed down an opinion in Cause No. PD-0513-23; Ex Parte Gayosso ; In the Texas Court of Criminal Appeals.  The case arose from Waller County and was presented to the court on  a Petition for Discretionary Review from the 14th Court of Appeals.   The case dealt with the Damon Allen Act which requires that a "public safety report" be prepared when a magistrate is considering the release on bail of a person charged with a Class B misdemeanor offense or higher.  The Court noted that the statute requires the magistrate to "conside" the report before setting bail. On appeal, the Court noted that the court of appeals "appears not to have reviewed the public safety report."  The Texas Court of Criminal Appeals held that this was error. The first part of the opinion dealt with the effective date of the Damon Allen Act which was January 1, 2022.  Further, the Court noted that the Act contained an exemptio...

  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 yo...

Texas Court of Criminal Appeals Grants State's Motion Holding that Harris County District Judge Set Bond Too Low, Raises Bond to $100,000.00 and Issues Warrant I n a rare move, the Texas Court of Criminal Appeals has increased a low bond set by Judge Chris Morton for a man who was released from jail, who now stands accused of another violent crime. We have been telling you about Timothy Singleton as we reported about Harris County judges setting low bonds for people charged with violent crimes in an effort to empty the jail amid the pandemic. Singleton, who has prior convictions, was given a $500 bond after being accused of pulling a gun on his aunt's neighbor. To see the original story  CLICK HERE . To see order from Court of Criminal Appeals  CLICK HERE . Court of Criminal Appeals issues warrant for arrest of Defendant and sets new bond at $100,000.00 cash or surety and specifically says no personal bond.