NEW RULES OF SETTING FINE, COMMUNITY SERVICE, AND ENFORCEMENT
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1 NEW RULES OF SETTING FINE, COMMUNITY SERVICE, AND ENFORCEMENT Ed Spillane Presiding Judge College Station Municipal Court New rules and old rules HB 351/SB 1913 Notice of alternatives Safe Harbor Procedures: Failure to Appear Failure to Appear, Part two bond 1
2 Alternatives If you are unable to pay the fine and costs, there are alternatives to the full payment of any fine or costs owed and we will discuss this with you at our court. Should you not appear at our court, you could be arrested for failure to appear Defendants who pay in full? 2
3 What are alternative means? Installment Payments Community Service Tutoring Necessities: Regular Mail or Telephone Date and time def must appear within 30 days Name and address of our court Alternative date and time within 30 day timeframe More. Consequences if the defendant fails to appear Defendant may request an alternative date or time to appear if the defendant is unable to appear on the date/time on notice 3
4 Safe Harbor What does this mean? Defendant shows up No arrest: shall recall Defendant doesn t show up Procedures, options 4
5 Indigency Hearings Capias Pro Fine procedures Show cause, show cause Safe harbor Jail credit Community Service 5
6 Community Service Texas Code of Criminal Procedure Article May require: unable to pay, failure to pay, all or part Written order May pay at any time Clear Communication Added places Work and job skills training program Prep class for GED Alcohol/drug abuse program rehabilitation program Counseling including self improvement Mentoring similar activity Governmental or non profit organization 6
7 Big One OR ANOTHER ORGANIZATION. AS DETERMINED BY THE JUSTICE OR JUDGE. An educational institution Not less than $100 for each 8 hours Suggestions minimum wage No more than 16 hours per week Or two 8 hour days of work Use a calculator Concerns Lack of resources Fear of Alleged Bias Religious Organizations 7
8 Waiver What can you waive? Payment of ALL OR PART OF a fine or COSTS Waiver: CCP Indigent OR DOES NOT HAVE SUFFICIENT RESOURCES OR INCOME TO PAY ALL OR PART OF THE FINE OR COSTS Each alternative method would impose an undue hardship on the defendant Ideas Adults and juveniles 8
9 The End 9
10 ... CITY OF C OLLEGE STATION Municipal Court ~-- ~ Seff. 1Ji 1 J. DJ7 Daisymay Cutie Duck 1234 Main Street College Station, TX S RE: State of Texas vs. Daisymay Cutie Duck Cause # /FAILURE TO APPEAR Dear Daisymay Cutie Duck: You have been charged with the offense of FAILURE TO APPEAR because you did not appear on or before August at the College Station Municipal Court to enter a plea to SPEEDING 1-15 MPH OVER received on August The fine and costs for FAILURE TO APPEAR is $ v r:;;f{) You are required to appear at the College Station Municipal Court at 300 Krenek Ta~ College Station, TX to enter a plea to these cases on or before Seotember 2017 at 11:00 AM. Failure to enter a plea can result in a failure to appear warrant for your arrest. * a_q If you wish to enter a plea prior to 11:00 AM on September I. 2017, you may do so by mail or in person during business hours: Monday 8 :30AM - 6 :00PM and Tuesday 8:00AM - S:OOPM. For your convenience you may also pay in full online at or call the court to pay by Visa, MasterCard, or Discover. If you are unable to pay the fine and costs, there are alternatives to the full payment of any fine or costs owed and we will discuss this with you at our court. Should you not appear at our court, you could be arrested for failure to appear. You will never be arrested if you come in to our court. When you appear for your hearing, you must check in with the clerk at the front counter. If you have any questions, contact the court at (979) CITY OF COLLEGE STATION MUNICIPAL COURT College Station, Texas P.O. BOX KRENEK TAP ROAD COLLEGE STATION TEXAS )
11 Failure to Appear Calls Hi, this is with the City of College Station Municipal Court. You have been charged with and did not appear by your 10 1 h business day. The fine and cost is$ --- We want to give you the opportunity to resolve this matter before an additional charge of Failure to appear is filed against you. You must appear at the College Station Municipal Court at 300 Krenek Tap Road, College Station, Texas during business hours: Monday 8:30am - 6:00pm and Tuesday through Friday 8:00am - S:OOpm on or before If you are not able to pay the fine and costs, there are alternatives to the full payment of any fine or costs owed and we will discuss this with you at our court. Should you not appear at our court, you could be arrested for failure to appear.
12 CITY OF COLLEGE STATION Municipal Court - Ol,3 August, 2017 Daisymay Cutie Duck 1234 Main Street College Station, TX RE: State of Texas vs. Daisymay Cutie Duck Cause # /SPEED 1-15 MPH OVER POSTED LIMIT Dear DaisymayCutie Duck: You have been charged with the offense of SPEED 1-15 MPH OVER POSTED LIMIT and did not appear by your due date of August at the College Station Municipal Court to enter a plea to this charge. You must appear anytime the court is open on or before September 11, 2017 to avoid a Failure to Appear citation. The fine and costs for the offense of SPEED 1-15 MPH OVER POSTED LIMIT is $$ You are required to appear on or before September 11, 2017 unless you have taken care of the charge prior to that date at College Station Municipal Court 300 Krenek Tap Road, College Station, Texas If you wish to enter a plea prior to September 11, 2017, you may do so by mail or in person during normal business hours: Monday 8:30AM - 6:00PM and Tuesday through Friday 8:00AM - 5:00PM. For your convenience you may also pay in full online at or call the court to pay by Visa, MasterCard, or Discover. If you are unable to pay the fine and costs, there are alternatives to the full payment of any fine or costs owed and we will discuss this with you at our court. Should you not appear at our court, you could be arrested for failure to appear. You will not be arrested if you come to our court. When you appear for your hearing, you must check in with the clerk at the front counter. If you have any questions, contact the court at (979) CITY OF COLLEGE STATION MUNICIPAL COURT College Station, Texas P.O. BOX KRENEK TAP ROAD COLLEGE STATION TEXAS W\VW.cstx.gov
13 NOTICE TO DEFENDANT TO SHOW CAUSE CAUSE NUMBER: «Case_Number» THE STATE OF TEXAS VS «Defendant_First_Name» «Defendant_Middle_Name» «Defendant_Last_Name» «Defendant_Name_suffix» «Defendant_notice_address_1» «Defendant_notice_city», «Defendant_notice_state» «Defendant_notice_zip_code» IN THE MUNICIPAL COURT CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS ORDER TO SHOW CAUSE NAME: «Defendant_First_Name» «Defendant_Middle_name» «Defendant_Last_Name» «Defendant_Name_suffix» OFFENSE: «Case_offense_charge_desc» You have failed to satisfy your judgment according to its terms. You are hereby ordered to appear before the College Station Municipal Court at 12:00 P.M, on «Next_Uncompleted_Task_Begin_date», or anytime the court is open before this date, to show cause on your failure to satisfy your case s judgment. Failure to appear on or before this date and time can result in a capias pro fine being issued for your arrest. WITNESS my official signature this 10 October, {Judge} Judge, Municipal Court CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS
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