Legal Question in Criminal Law in Texas
Can judges decision from one county, be changed by another judge
Can a judges decision from one county, be changed by another judge in a totally seperate county, in a bond issue, by raising it, and have the person re-arrested,after the bond was set, met and the person was released from jail?
2 Answers from Attorneys
Can a Judge's Decision from One....
You've not really included enough information here to answer, and in many states the "county" a judge is from is less important that the "Circuit" the judge handles, perhaps including several counties. The question is going to turn on the laws in your state -- talk to an experience criminal defense attorney there and they will almost certainly know.
Can one judge change a bond
Since the message seems to originate from TX, I feel I can answer it. If it is NOT from TX, this is not a binding legal advise as I am not licenses anywhere but TX< CO and USVI. In texas USUALLY only the judge setting the original bond can change it - unless the bond was set by a County Court judge at nitial advisement and the case, on indictment went to a district court and the DA made a motion to declare the bond insufficient. Then it can be reset. The other way would be if the bond was surrendered or forfeited then, when the deft is rearrested a new and higher bond can, and probably will, be set. Of course, at any time, a DA can petition the court having jurisdiction EX PARTE to have the bond ruled insufficient and require a new, higher bond required. I had this happen recently with a client who had his bond raised EXPERTE when he was arrested for a new felony offense - when he was found NG of the new offense, I was able to get the original bond restored.
Related Questions & Answers
-
The right to a speedy trial. Is there a Federal ruling that when a person is... Asked 9/20/97, 9:39 pm in United States Texas Criminal Law
-
Has my son's civil rights to a speedy trial been violated? Son is incarcerated at... Asked 9/20/97, 4:36 am in United States Texas Criminal Law
-
Mentally disabled prisoner abused by incompetent medical staff Schizophrenic 23 year... Asked 9/19/97, 10:05 am in United States Texas Criminal Law
-
Burglary of Residence My apartment was burglarized last year,I suspected the 14yr... Asked 9/18/97, 6:23 pm in United States Texas Criminal Law