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Indictment in Texas: Probable Cause, Grand Juries, and Statute of Limitations 

Indictment Title On Legal Documents

While courtroom dramas are always doing a half-decent job in portraying legal proceedings, courtroom procedures, and other law-related processes, they often leave plenty of room for clarification. One area of common confusion deals with the indictment process. While the process is generally similar, an indictment in Texas, for example, is different than in other states—as every state has its unique regulations and code. In Texas, there is a differentiation between a criminal complaint and felony charges brought on by the State.

In this post, we review important concepts relating to facing a criminal indictment by the state of Texas and crucial information you need to know. 

Brush Up on Indictment Proceedings and the Texas Criminal Code 

According to the Code of Criminal Procedure, an “indictment is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.” In other words, a written statement from a grand jury that declares a person is charged with a felony is deemed an indictment. A misdemeanor crime in Texas is categorized as a “criminal complaint.” Felony charges, on the other hand, are put forth through an indictment. 

The Difference Between Being Charged and Being Indicted of a Crime

The terms are often used interchangeably, but the difference rests in who actually files the charges. Getting charged with a crime means that the prosecutor filed the charges. When a grand jury files the charges against the defendant, then it is deemed an indictment.

Statute of Limitations in Texas 

The statute of limitations refers to the amount of time the State or a prosecutor has to bring the case against a defendant. Statutes of limitation differ depending on the severity of the crime. 

Examples of various crimes and statutes of limitations include:

 

  • Manslaughter: no statute of limitations
  • Murder: no statute of limitations
  • Sexual assault of a child: no statute of limitations 
  • Theft by a public servant of government property: 10 years 
  • Forgery: 10 years
  • Medicaid Fraud: 10 years 
  • Bigamy: 7 years
  • Robbery: 5 years 
  • Insurance fraud: 5 years 
  • Other felonies: 3 years
  • Misdemeanors: 2 years 

Probable Cause 

Before you can be indicted there has to be probable cause. The prosecutor has to prove that. A person does not need to be arrested to be indicted because the process begins without their presence. The jury, however, has to agree that there is probable cause enough to proceed with the case and bring charges against the individual in question. 

What You Need to Know About a Grand Jury 

Think of a grand jury as an investigative body— independent from the prosecutor or defendant. They serve as a buffer between the people and the government, acting as a barrier to unwarranted or frivolous State prosecution. The main difference is that the grand jury is composed of 12 people similar to a petit jury.  Different states might differ in the size of their grand juries. When a person is indicted, the defendant is generally not present. The prosecutor bringing the case to the grand jury must establish probable cause. 

The concept of the grand jury can be traced back to early English history. Eventually, the grand jury took on a protective role—a barrier between the monarchy and the common folk and providing a safeguard from abuses of power. The idea was embedded into the Constitution of the United States via the 5th amendment. Under this amendment, criminal prosecution of anything more than a year required the indictment of a grand jury. 

Grand jurors are often chosen from the same pool of citizens that make up the trial jurors. A federal grand jury can often sit for longer periods of time, including 18-36 months. 

The Process of Grand Jury Indictments 

The process of beginning grand jury indictment begins without the defendant or subject being present or aware of impending charges. The only people privy to the grand jury proceedings are the jurors, a prosecutor bringing the case, and a court reporter.

During this process: 

  • Witnesses that testify must do so under oath 
  • Evidence must be presented by the prosecutor 
  • The grand jurors themselves perform the necessary tasks of presiding over the hearing and clerking duties 
  • The court reporter is sworn to secrecy 
  • The prosecutor lays out proposed charges and how the alleged crime fits in
  • The grand jury votes on whether enough evidence has been presented on each of the proposed charges to warrant proceeding with the case

All felony cases that go to trial must be indicted by a grand jury. That is unless the defendant waives the indictment.

Facing Legal Trouble? Learn More About How Bail Bonds Might Apply to You

If you are facing an arrest and need to get out on bail, Freedom Bail Bonds provides trusted support for people facing difficult and uncertain situations. When facing indictment in Texas, knowing about the process can help you learn what’s next. 

Want to learn more about how bail bonds might apply to you or your loved one? Have a loved one in jail or facing criminal charges? Connect with us today and learn more. 

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The Trials of a Century: A Look at Famous Trials and their Bond Amounts 

A gavel, money, and handcuffs all sit on a table

Every once in a while the public is mesmerized, captured, and engaged by a  hyper-polarized and publicized criminal or civil trial. These trials often etch themselves into the collective consciousness and create the mysterious ethos around legal proceedings. It might be safe to say that every generation has its trial of a century.’ More than twenty years ago it was the O.J Simpson trial and in 2021, it was the trial surrounding the death of George Floyd. So in the spirit of a trial that has considerable controversy, we thought we’d explore some interesting topics of the case and some other famous bond amounts. 

The Trial of the 21st Century — Some Interesting Facts About the Case

Most Americans remember the day the infamous video of George Floyd’s death went viral in late 2020. It seems that today’s technology makes us privy to some rather disturbing moments. At the same time, it can often reduce reality into small snippets of viral video and tends to cut out important details not often caught in the frame or within the time of the video. The trial, highly publicized and televised, proved to be far more complicated and involved many witnesses and evidence presented. That did little, of course, to quell the emotional impact of the trial that began as early as October 2020 when protests broke out in Minneapolis. 

In April of 2021, the jury convicted Chauvin of two murder counts and a lesser charge of manslaughter. There was plenty of public pressure around the trial as the threat of unrest permeated around the courthouse. 

In May 2021, Chauvin filed for a mistrial, as evidence emerged that at least one jury member may not have been impartial. Questions regarding the decision to keep the trial in Hennepin County were raised early on, as well as the odd decision to not sequester members of the jury. In a similarly high-profiled case of O.J. Simpson in the late 90s, the jury was famously sequestered for about 8 months. Despite all of these concerns regarding a fair trial, the process continued and the American people seemed to be satisfied with the convictions that were announced in April. Chauvin was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter. Ultimately, the jury decided that Chauvin was, in fact, the deciding factor in Floyd’s death and that he caused it. 

Chauvin Released on Bond — A high-profile Bond Amount 

Derek Chauvin was the officer in the case. In October 2020, he was released from jail after posting bond. There was considerable controversy surrounding this release, given how the video has burned through social media and become a household topic. Because it was a high-profile case, the bond was set at a whopping 1 million dollars. The judge that set bail was Judge Jeannice M. Reding at $1 million with conditions or $1.25 without conditions. The conditions accepted by Chauvin were that he would have no contact with the Floyd family, give up any firearms or firearm licenses, and vow not to leave the state.  The release angered plenty of the local residents, prompting Governor Tim Walz to release the National Guard to assist law enforcement in quelling the unrest in the streets. According to court documents, the bond was guaranteed by Allegheny Casualty Co. of Calabasas, CA. 

Other high-profile Bond Amounts 

The Floyd case has not been the only high-profile case in the 21st century, of course. Other notable cases have etched themselves in the public consciousness and stirred public sentiment. Here are some other high-profile bond amounts:

George Zimmerman: The case of Trayvon Martin also erupted in controversy in 2012. Initial bail was set at $150,000. Soon after the judge discovered that Zimmerman had raised some money through his website and suspected that Zimmerman was a flight risk. This caused the judge to raise the bail to $1 million. 

Bernie Maddoff: A name synonymous to many with financial fraud, Madoff is the epitome of a scheming financial grifter that robbed hundreds of people of their hard-earned money over a period of a couple of years. Madoff’s bond was set at a shattering $10 million. Woof! How’s that for pocket change? He was allowed, however, to roam around the state and be on a light version of house arrest. 

O.J. Simpson: Talk about another trial of the century. Drawing in millions of television views to the trial, Simpson’s initial bail was set at $125,000. His conditions, however, were not to have contact with his co-defendant. After violating this order, Simpson’s bond was raised to $250,000. 

Need to Post Bond? Call Someone You Trust To Get the Job Done

Every case matters. Everyone has the same rights under the law and awaiting a fair trial is part of that process. As they say, Lady Justice is blind. That is the idea anyway. So if you know someone facing arrest and need to post bail, contact someone that can help. Freedom Bail Bonds has been helping people facing arrest in El Paso for a long time. 

Questions about how bail bonds work? Contact us today and see how we can help. 

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The Most Commonly Accepted Forms of Collateral for Bail Bonds

A wad of cash, books, and gavel as collateral for a bail bond

Life changes in an instant. And before you know it, you can find yourself having to post bail or help a loved one post bail. Depending on the charges, the amount will vary, but it can often catch people by surprise. There are different ways that someone can post bail, and often collateral can be accepted in lieu of cash funds. Bail is a kind of collateral that guarantees a defendant or accused party will return for their court date and not disappear. Bail amounts are sent by judges and depend on the type and gravity of the crime. However, if you own valuable property, this can also be used to help you make bail in the absence of cash or immediate funds. 

As we have discussed in previous posts, bail is a type of promise that you make to the court that you will return for your court date and court hearings. This promise is important because while people await their trial, they still need to continue working, paying bills, providing for their families, caring for family members, etc. This is why bail can be important to keeping your life as normal as possible until you see your day in court. 

What is Bail Collateral? 

Bail collateral is offered in place of or in addition to bail money. This means that a person that is arrested can put up their property or valuable belongings in place of a cash payment. Collateral can take many forms, depending on the amount and the kind of assets you have. This is also useful because people often have to post bail at a moment’s notice. It’s not always easy to come up with a certain amount of cash. 

What Kinds of Items Can Be Used as Collateral? 

Most people have some form of transportation. Your vehicle is one form of acceptable collateral for bail. It is understandable, however, that you might need your car to get to work. So you may keep your vehicle during your trial, although you will have to give away your car title. If they miss a hearing or court date, then the vehicle will be seized. 

There are a few guidelines in using your vehicle as collateral for bail:

  • If you are still making payments on the car, it’s not possible to use it as collateral. You must own the car.
  • The vehicle must be in good shape. It must be in good working condition. 
  • The vehicle must have updated insurance and registration.
  • You must have the title.
  • The vehicle must also be equal to or greater than the amount of the bond.
  • The vehicle must be registered locally and/or in the state in which you are facing charges.

Real Estate 

Perhaps one of the most common forms of collateral used for bail comes in the form of personal property. One of the advantages of using personal property as collateral is that the value of the property can be assessed quickly and will usually cover larger bail amounts. At the same time, a property cannot be lost or concealed. This is why it is a common and useful type of collateral. Types of properties that can be used as collateral include:

  • Family homes
  • Vacation homes
  • Investment properties 
  • Farmland
  • Acreage 

You also need several documents in order to successfully use your property as bail. These include:

  • A grant deed or deed of trust
  • Mortgage statements (for equity security) 
  • Any refinancing documents 
  • Typically an appraisal will be done
  • Confirmation of your ownership of the property (title search) 

Investments & Savings

Other forms of collateral can be taken in the form of business shares or stocks. If you have assets in the form of any one of these, they can often be used to secure your bail if the value of the stocks and/or shares equals or is greater than the bail amount. The accounts are easily liquidated, and so it makes it an acceptable form of collateral. 

Jewelry 

A less commonly used form of collateral is in the form of jewelry or precious metals. Similar to the others, the value must be equal to or greater than the bail amount. When using jewelry, it must be professionally appraised to determine its value. This is a way to officially determine its current value, as the value of jewels and precious metals are often changing. 

Firearms

Perhaps less commonly used are certain types of firearms, including long guns and handguns. As all collateral, it must be proven that the value of the guns is equal to or beyond the value of the bond. 

Find a Trusted Bondsman In Your Area 

Facing jail time is no joke. It is scary and comes with many complications because life cannot stop. This is why we help people in the El Paso area post bail and return to their normal lives until they face the justice system. Find out how Freedom Bail Bonds can help you or a loved one facing arrest and an upcoming bail hearing. 

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How Judges Set Bail Amounts and the Changing Landscape of Cash Bail

Female judge with documents on table in office, closeup

If you or your loved ones have ever found themselves in a bit of a pickle— i.e facing arrest— you have likely wondered what the foreseeable future looks like for you. Will you have to wait in jail until your court date? Will you lose your job? Will your marriage fall apart? How will your kids be taken care of? All of these are real and legitimate questions faced by people who find themselves under arrest and unable to make bail. It leads to a lot of uncertainty and the rippling consequences have often torn families apart or ruined people’s lives. 

Freedom Bail Bonds assists people in similar situations and helps them fulfill their constitutional right to secure their release until they get their day in court. Embroiled within the many conversations of cash bail is the less-often-discussed way that bail amounts are actually set. There are predetermined amounts based on the crime, but judges also look at several factors and then come up with the final amount. Let’s take a look at that process and other changing aspects of the bail system. 

The Role of the Bail Bondsman in Texas

Let’s quickly review the role of the bail bondsman in Texas. After someone is accused of a crime, they should go through a bail hearing. At this point, the judge will set a bail amount based on certain factors. Generally speaking, the bail is set based on the crime itself, circumstances surrounding the crime, and criminal history. 

The Process of Bail Amounts More Closely 

After a defendant is arrested, they must appear at a bail hearing or arraignment. This is where they will come before the judge and their bail amount will be set. Judges set bail based on what is called the bail schedule. The amount can be lowered or raised, however, based on special circumstances surrounding the specific case. The bail schedule refers to the list that will set the amount based on a predetermined list of crimes.

The amount is based on the nature of the crime but the judge does have some discretion in regards to lowering the amount. These bail schedules can change from county to county and from state to state. Part of the judge’s duty is to set bail charges for bailable felony offenses, misdemeanors, and other infractions. For minor misdemeanors, for example, bail might usually be around $500. A judge can choose to raise this amount based on the specifics of the particular case. 

Factors that Determine the Cost of Bail 

So what leads a judge to determine whether you pay the price on the schedule? You might end up with a bail of 100,000 dollars. Does this mean that your crime was something like murder? Not necessarily. It could simply mean that the judge deemed this necessary based on the crime at hand. So here’s what might affect your bail amount:

  • The amount of evidence. The amount of evidence first presented will have an impact on the judge’s view of the case and of how they set bail. 
  • Criminal History. If the accused is known to have a well-documented criminal history, the judge might decide to hike up the bail amount. The reasoning behind this is that with harsher crimes and longer criminal records, it is in the judge’s interest to watch out for the community and be very careful as to who he is re
  • The Risk to the Town and City. As mentioned above, if the judge will consider public safety as a major factor. If the defendant is facing a violent crime, domestic abuse, murder, or something to that effect, the judge may foresee that this may be a danger to the surrounding community and therefore raise the bail amount. 
  • The possibility of flight risk. The whole idea behind bail is to allow people to await their day in court without waiting behind bars. If a person is a flight risk or if there are any indicators that they might be, the judge might also raise the bail. If the judge suspects—based on evidence or a history of skipping bail—it might be reason enough to alter the bail amount. 
  • The seriousness of the offense. One of the most common ways that bail is set is simply through the seriousness or the level of the offense. The more serious the crime, the larger that bail amount will be. 

Once the bail is set, bail will be posted on their behalf. Defendants can either post bail personally, through someone else, or have a bail bondsman contribute the cash. In the last couple of years, lawmakers have been trying to make changes to the bail system, which has opened up the conversation about how bail is set and whether the current system should stay.  Some cities in the state of Texas are playing with the possibility of moving away from cash-based bail to pretrial jail release decisions that might allow low-risk level defendants to be released with no-cost bonds. 

Do you know someone that has been arrested in El Paso? Have questions about the bail process and what their options are? Give Freedom Bail Bonds a call. 

 

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A Look at Felony Charges in Texas, What They Entail and Punishments 

arrested man with cuffed hands behind prison bars

Facing an arrest can be a scary proposition. There are a lot of unknowns that come with it and the idea of having to wait for your day in court behind bars is even more nerve-wracking. This is why letting a professional bail bondsman help you will not only take a huge weight off your back and your family’s back, it will provide you with the ability to seek out lawyers and continue providing for your family. There are several scenarios that a person might face when they get arrested. One of these is the possibility of serving jail time and being charged with a serious offense that qualifies as a felony.

The origin of the word “felony” has several beginnings. Felony comes from the word that means “treachery, betrayal, or deceit” or the Gallo-Roman  for ‘evil-doer.’ In early usage, “felony” was not always a criminal act but often referred to as a breach of feudal obligations between lord and vassal. It was associated more with a concept of disloyalty to the lord, but the meaning slowly shifted to something more relating to a crime that was punishable.  According to some sources, after the Norman conquest of England the previous feudal doctrine reshaped into what became English common law. As we know from previous posts, many of our laws and concepts are embedded into the justice system derived from English Common Law. In everyday vernacular, most people would associate the word with a heavier crime, or one that is punishable by time in jail or prison. 

Looking at Modern Texas Law and Felony Charges 

Things have changed some in the justice system since English Common Law and colonial times in America. The system operates under similar principles and  is today vast and complex. So let’s look at some modern terms here:

A felony is basically a type of crime. Crimes are typically considered felonies if they carry or can carry more than a year in jail.  They are considered the most severe type of criminal offense in Texas and the category is most commonly used when referring to violent criminal offenses. When it comes to non-violent felonies, it’s likely referring to one that involved a major theft or property damage. Smaller offenses then can either be classified as a misdemeanor or an infraction. 

In the state, felonies are categorized into 5 different types. 

  • Capital felony with a punishment of life imprisonment or the death penalty
  • First degree felony with 5 to 99 years  or life imprisonment 
  • Second degree felony with 2 to 20 years
  • Third degree felony with 2 to 10 years
  • State jail felony 180 days to 2 years 

The most severe type of felony and the one that carries the most possible jail time or severe punishment are the capital felonies. These are often highly profiled crimes and will typically be violent offenses. It is serious enough that if the defendant is above 18 years old, there is no possibility of parole. The justice system does not look likely on these types of crime and they seem to be the most egregious cases. Some examples of these would be capital murder or capital felony murder. A recent high-profile case in the area includes the El Paso Walmart shooting. The shooter was first indicted on one capital murder charge by a grand jury in El Paso. He was then federally indicted in 90 counts, one of which included capital murder. The state is seeking the death penalty for the shooter who killed 23 people in a local El Paso Walmart in 2019. 

First-degree felonies are still considered very severe types of crimes. Convictions can carry up to life in prison. There is a mandatory minimum of 5 years with many first-degree felony charges. Judges can also make defendants pay fines that are up to $10,000.  Examples of first degree felonies include Aggravated robbery, Arson causing death, and attempted murder. 

Second-degree felonies are the next tier below as far as serious crimes go. These types of crimes, which include manslaughter, aggravated assault, robbery, and arson, can carry up to 20 years in jail and also a fine of up to $10,000.

Finally, third-degree felonies are less severe in Texas. Fines can still be high, but jail sentences will typically be between 180 days and 2 years. Some of these will include crimes like check forgery, theft between a certain amount (2,500 to 30,000), and child endangerment. 

Depending on the degree of the charge, defendants will be allowed to go out on bail as long as they remain in the area. If you have been charged with a felony or a misdemeanor and are facing bail charges, call Freedom Bail Bonds today. We have been helping El Pasoans navigate the legal system for many years.