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bail
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When is a Defendant Entitled to Bail Pending Appeal of a Conviction?

Under Texas law, most people who have been convicted of a crime carrying a prison sentence are entitled to be released on reasonable bail pending the determination of an appeal. However, there are notable exceptions, based on the seriousness of the crime and other factors. In general, post-conviction bail works much the same as pretrial Read More

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Bail Reforms in Harris County Did Not Lead to Increase in Reoffenders

A year after a federal judge approved a plan to reform the Harris County bail system, allowing most misdemeanor defendants to be released on their own recognizance, an independent report concludes there has been no corresponding increase in repeat offenses. The former system required defendants, even those charged with low-level, non-violent offenses, to secure their Read More

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How Bail Decisions Are Being Affected By COVID-19

U.S. prisons are the world’s most crowded, housing people in close contact with each other 24 hours a day. Combine that closeness with the already limited availability of health care in correctional facilities and it’s no surprise that jails and prisons have become hotbeds for coronavirus. The federal Bureau of Prisons (BOP) and prison administrators Read More

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Texas Bail Reform Litigation Highlights the Need for Counsel Immediately Upon Arrest

Miranda warnings have been a thorn in the side of prosecutors since the 1963 landmark Supreme Court ruling made denial of the right to counsel a ground for voiding a confession. But while a defendant may demand to have a lawyer present during questioning, there is no explicit right to representation at another critical stage Read More

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Texas Bail Reform Legislation Falls Short, But System Improvements Are Underway

More than two years after federal courts ruled cash bail systems in Dallas and Harris counties unconstitutional, the Texas legislature has been unable to pass bail reform legislation. In May 2019, the House passed a bill that would have implemented measures to make bail more available to poorer defendants. But the bill never made it Read More

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