Code of Criminal Procedure · Art. 16.15
Bail
Bail is covered under Art. 16.15 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: Capital felony charged; 'Proof is evident' standard (clear, strong evidence leading well-guarded judgment to conclude guilty); If proof not evident, defendant entitled to bail.
Elements you must prove
- Capital felony charged
- 'Proof is evident' standard (clear, strong evidence leading well-guarded judgment to conclude guilty)
- If proof not evident, defendant entitled to bail
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Worked examples
Worked example 1
Bail in capital cases:
- Is automatically denied
- Is a constitutional right except where the proof is evident — i.e., capital felonies may be denied bail under Tex. Const. art. I §11 only when the proof is evident Correct
- Is set at a minimum of $1 million
- Is set automatically by the prosecutor
Why: Texas's bail clause provides that all prisoners shall be bailable by sufficient sureties unless for capital offenses when the proof is evident. Magistrates make this determination.
Statute: Tex. Const. art. I §11; Tex. Code Crim. Proc. art. 16.15