Bail Jumping and Failure to Appear

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

The degree of the offense is based on the degree of offense the actor jumped bail on:

It is a class C misdemeanor if the underlying charge is a class C misdemeanor
it is a class A misdemeanor if the underlying charge is a class B or class A.
It is a 3rd degree felony if the underlying charge is any felony

Statute(s)

§ 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A
person lawfully released from custody, with or without bail, on
condition that he subsequently appear commits an offense if he
intentionally or knowingly fails to appear in accordance with the
terms of his release.
(b) It is a defense to prosecution under this section that
the appearance was incident to community supervision, parole, or an
intermittent sentence.
(c) It is a defense to prosecution under this section that
the actor had a reasonable excuse for his failure to appear in
accordance with the terms of his release.
(d) Except as provided in Subsections (e) and (f), an
offense under this section is a Class A misdemeanor.
(e) An offense under this section is a Class C misdemeanor
if the offense for which the actor's appearance was required is
punishable by fine only.
(f) An offense under this section is a felony of the third
degree if the offense for which the actor's appearance was required
is classified as a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 38.11 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.