If you are arrested in Texas, you may be required to post a bond in order to be released. The purpose of bail is to ensure that you will appear for court. There are rules that law enforcement officers must follow regarding the amount of time that a defendant may be kept before bail is set, as well as for setting the amount of bail.
Bail is supposed to be determined promptly, but that does not always happen. Delays in setting bond may give rise to Fourth Amendment causes of action for false arrest or detention. When the magistrate sets bail, the amount of the bond is supposed to be reasonable. The amount should be high enough to ensure attendance at subsequent court hearings, low enough that it does not serve to oppress the defendant, and determined based upon an overall consideration of the circumstances. Of course, reasonability is a highly subjective issue, but there are some cases in which it is easy to see why bail of a certain amount is justified, such as in cases where the defendant is likely to flee. On the other side of the issue, there are cases where it is questionable whether the amount of bail that has been set for a particular defendant is reasonable.
A recent and very high-profile incident has brought the issue of bond amounts into the spotlight. The shootout at the Twin Peaks restaurant resulted in over one hundred and seventy arrests. It appears as though arrests were made and bail was set in a blanket fashion, with little attention being paid to the individual circumstances of each defendant both in terms of their involvement in the incident as well as their flight risk and other relevant factors. Bail amounts for the people who were arrested were set very high, with many individuals being held on bonds of one million dollars each. Some of those who have been arrested were able to get their bond amounts reduced. Unfortunately, because of the sheer number of defendants, there have been substantial delays in obtaining hearings for all of them.
Although the investigation surrounding the incident is ongoing and complex, it is unlikely that every one of the over one hundred and seventy defendants that were arrested played an equal role in the violence that erupted that day. In fact, some of the people who were arrested were recreational motorcycle riders that were more interested in pursuing a hobby than in engaging in gang activity.
If you have been charged with a crime, you have certain rights that must not be violated. A Texas Criminal Defense Attorney can protect your rights and help you navigate the long road ahead of you. Texas Criminal Defense Attorney Alex Tyra understands how important a strong defense is in any type of criminal matter, and he is here to help you. Please call our office today, at (903) 753-7499, or visit our website to fill out our online contact form.
