Texas Code of Criminal Procedure - Article 45.044. Forfeiture Of Cash Bond In Satisfaction Of Fine
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Art. 45.044. FORFEITURE OF CASH BOND IN SATISFACTION OF
FINE. (a) A justice or judge may enter a judgment of conviction and
forfeit a cash bond posted by the defendant in satisfaction of the
defendant's fine and cost if the defendant:
(1) has entered a written and signed plea of nolo contendere
and a waiver of jury trial; and
(2) fails to appear according to the terms of the
defendant's release.
(b) A justice or judge who enters a judgment of conviction
and forfeiture under Subsection (a) of this article shall
immediately notify the defendant in writing, by regular mail
addressed to the defendant at the defendant's last known address,
that:
(1) a judgment of conviction and forfeiture of bond was
entered against the defendant on a date certain and the forfeiture
satisfies the defendant's fine and costs in the case; and
(2) the defendant has a right to a new trial in the case if
the defendant applies for the new trial not later than the 10th day
after the date of judgment and forfeiture.
(c) Notwithstanding Article 45.037 of this code, the
defendant may file a motion for a new trial within the period
provided by Subsection (b) of this article, and the court shall
grant the motion if the motion is made within that period. On the
new trial, the court shall permit the defendant to withdraw the
previously entered plea of nolo contendere and waiver of jury
trial.
Added by Acts 1993, 73rd Leg., ch. 109, Sec. 1, eff. May 9, 1993.
Renumbered from Vernon's Ann.C.C.P. art. 45.231 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 44, eff. Sept. 1, 1999.
Article: 45.039 45.040 45.041 45.042 45.0425 45.0426 45.043 45.044 45.045 45.046 45.047 45.048 45.049 45.050 45.051
Last modified: August 11, 2007
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