Civil Rights Violation - Bail reduction/increase

[kingtxag]

Texas

Section 17.09 and 17.091 of the Code of Criminal Procedure states a Judge at the request of a prosecutor can increase a defendants bail, have the defendant rearrested and then released when the increased bail is submitted.

No notice or hearing is required.

Yet if the defendant wants to lower his bail, the defendant must have a hearing and allow the prosecutor to participate in the bail reduction hearing.

Is this a civil rights violation?

I don't mind a bail increase but I would think the defendant should have a right to attend the hearing and defend himself why bail should not be increased.

"Might Makes Right" is not Right.... LOL

I had my bail increased, I was arrested Saturday noon time, then released on Sunday morning when I could be magistrated.

I am now fighting back and asking to have the bond reduced and I am shocked that I have to request a hearing when the prosecutor did not.

I will pay a lawyer to stand up for my civil rights.

thank you,

King

 

[tranquility]

Describe the civil right being violated.

 

[kingtxag]

Not Civil Right maybe Constitutional Right being violated

I am sorry I meant is my constitutional right being violated?

This is why I was coming here to get help or advice. I don't know the difference in my rights civil rights and my constitutional rights.

I am just wondering if Texas, Code of Criminal Procedure - 17.09 and 17.091 are violating a Constitutional right or not?


thank you,

King

 

[BOR]

I am sorry I meant is my constitutional right being violated?

This is why I was coming here to get help or advice. I don't know the difference in my rights civil rights and my constitutional rights.

I am just wondering if Texas, Code of Criminal Procedure - 17.09 and 17.091 are violating a Constitutional right or not?


thank you,

King

None that I can think of, as Due Process is certainly afforded here. The 5th and 6th AM's are Procedural, right to counsel, right to face your accuser, etc., and the 14th's DP Clause is applicable to the states.

If any challenge were to be asserted of the 3 mentioned, it would be DP under the 14th or DP under the TX Constitution, but how are you prejudiced in that way?

 

[tranquility]

I agree with BOR. I don't see any civil rights (Constitutional rights would be a subset of civil rights.) being violated.