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:

  1. Is automatically denied
  2. 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
  3. Is set at a minimum of $1 million
  4. 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