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BOND CONDITIONS

BOND CONDITIONS. Presented by: Matthew A. King Tarrant County Criminal Magistrate. Jury Humor. I think laws are for sissies Would I have to bathe? Can each of my personalities vote in the deliberation? My religion specifically prohibits me from sitting near other people

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BOND CONDITIONS

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  1. BOND CONDITIONS Presented by: Matthew A. King Tarrant County Criminal Magistrate

  2. Jury Humor • I think laws are for sissies • Would I have to bathe? • Can each of my personalities vote in the deliberation? • My religion specifically prohibits me from sitting near other people • I get dizzy if I try to weigh evidence

  3. “MEANEST MOM” “Meanest mom sells car after finding liquor” Jane Hambleton has dubbed herself the "meanest mom on the planet." After finding alcohol in her son's car, she decided to sell the car and share her 19-year-old's misdeed with everyone - by placing an ad in the local newspaper- http://www.msnbc.msn.com/id/22578679/from/ET/

  4. BOND CONDITIONSCode of Crim. Proc. Art. 17.00 • CCP 17.40- related to victim & safety • CCP 17.43- home curfew • CCP 17.44- home confinement and drug testing • CCP 17.441- ignition interlock

  5. Code of Crim. Proc. Art. 17.40 (Reasonable Condition) • Any reasonable condition that: • is rationally related to securing the defendant’s presence at trial; and, • Provides reasonable protection for the victim and community • Related to the safety of: • Victim • Community

  6. Code of Crim. Proc. Art. 17.40 • Not necessary to relate directly to securing defendant’s presence in court • Sufficient if indirectly increases likelihood that defendant will appear • Rodriguez v. State (744 SW2d 361 (Tex. App.-Corpus Christi 1988, no pet)

  7. You plan to release a person charged with a misdemeanor offense on personal bond. You want to make sure he stays around his house and does not get in further trouble, particularly in the evening. What can you do? a. As a magistrate you can order a peace officer to watch his house in the evenings for the next few nights, OR b. You can issue a bail condition order that imposes a curfew on the defendant and requires him to wear an electronic monitoring device, OR c. None of the above. Answer: B. You can issue a bail condition order that imposes a curfew on the defendant and require him to wear an electronic monitoring device.

  8. CCP 17.43- (Home curfew) • Home curfew • Only on personal bond • Electronic monitoring by magistrate designated agency • Costs paid for by defendant

  9. CCP 17.44- Home confinement and drug testing • Home confinement • Electronic monitoring • Weekly drug tests • Violations result in warrant • Grant funds available to counties for electronic monitoring programs

  10. CCP 17.441- Ignition interlock

  11. You are reviewing a case for magistration involving a boating while intoxicated. The criminal history indicates a previous charge for driving while intoxicated. Is there a bail condition order that would or should apply? • YES • NO ANSWER : YES

  12. You are reviewing a case for magistration involving a DWI offense. You are given information that they have been charged with a DWI before but not convicted. Is there any bail condition order that would or should apply? • YES • NO ANSWER : YES

  13. CCP 17.441- Ignition Interlock • Shall require when defendant charged with a subsequent offense under the Penal Code for: • 49.04 - DWI • 49.045 – DWI Child Passenger • 49.05 – Flying • 49.06 – Boating OR an offense under: • 49.07- Intoxication assault • 49.08 – Intoxication Manslaughter

  14. CCP 17.441- Ignition Interlock Magistrate shall require on release that a defendant install a deep-lung breath analysis mechanism: • On the motor vehicle owed by or most regularly driven by the defendant, and • Defendant not operate any vehicle unless device installed

  15. Also: Installed at defendant’s expense within 30 days after release on bond Magistrate can designate agency to verify installation and monitor Agency can receive monthly fee not exceeding $10 for monitoring CCP 17.441- Ignition Interlock

  16. CAUSE NUMBER 05-010001 STATE OF TEXAS VS. John Doe Date of Birth12/15/62 BAIL CONDITION ORDER Offense Charged: Driving While Intoxicated The Court finds that the defendant is eligible for bail in this case in the amount of $ 3,500 that the additional conditions be imposed on said bail. Accordingly, It is ORDERED that in addition to any other conditions of bail imposed on the Defendant, that the Defendant abide by the following conditions of bail: That the Defendant have installed on the motor vehicle owned by the Defendant or on the vehicle most regularly driven by the Defendant, a device that uses a deep lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and That the Defendant not operate any motor vehicle unless the vehicle is equipped with that device. IT IS FURTHER ORDERED that the Defendant is required to have the device installed on the appropriate motor vehicle, at the Defendant’s expense before the 30th day after the date the Defendant is released on bond. Tarrant County Pretrial Release Agency is designated as the agency which will verify installation of the device and will monitor it. The Defendant is ordered to report to Tarrant County Pretrial Release Agency, 100 North Lamar, Fort Worth, within 3 business days after being released from jail, between the hours of 6:30 a.m. to 3:00 p.m.. The Defendant shall pay a monitoring fee of $10.00 per month to Tarrant County Pretrial Release Agency. Signed on 11/18/05. Stewart Milner Magistrate, Municipal Court of Arlington ( ) Given in Spanish _____. Arlington, Texas DEFENDANT’S ACKNOWLEDGMENT On the above-mentioned date, I received a copy of this Bail Condition Order. __________________________ Defendant

  17. You are reviewing a case for magistration involving a first time charge of Driving While Intoxicated. The report indicates he told the arresting officers that he often drives drunk and the arrest is not going to slow him down. He also said he has nothing to lose, is an alcoholic, likes getting drunk and has no one else to drive him around. Is there a bail condition order that could apply? • YES • NO ANSWER : YES

  18. CCP 17.441- Ignition Interlock • Installed on boat? • Installed on plane? • What if defendant doesn’t own a car? • When would it be not in the best interest of justice? • What about company owed vehicles? • What if current case involves drugs only, no alcohol? Definition of vehicle: includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation

  19. CCP 17.441- Ignition Interlock

  20. CCP 17.441- Ignition Interlock

  21. CCP 17.441- Ignition Interlock

  22. CCP 17.441- Ignition Interlock

  23. DWI Bond Conditions Any Alternatives besides the Interlock? • Electronic monitoring by magistrate designated agency • How about a “SCRAM- alcohol detection device”? • No alcohol 4 hours prior to driving • No radar detectors • Driving time limitations

  24. REMEMBER!! (Any Reasonable Condition) • Any reasonable condition that: • is rationally related to securing the defendant’s presence at trial; and, • Provides reasonable protection for the victim and community • Related to the safety of: • Victim • Community

  25. DWI Bond Conditions

  26. “Leadership and learning are indispensable to each other” John F. Kennedy THANK YOU

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