Code of Criminal Procedure · Art. 17.15

Rules for Fixing Amount of Bail

Rules for Fixing Amount of Bail is covered under Art. 17.15 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Bail" on practice exams.

To prove this offense, the State must establish each of the following elements: High enough to give reasonable assurance of compliance; Not an instrument of oppression; Nature and circumstances of the offense; Ability of accused to make bail; Future safety of victim and community; Criminal history.

Elements you must prove

  • High enough to give reasonable assurance of compliance
  • Not an instrument of oppression
  • Nature and circumstances of the offense
  • Ability of accused to make bail
  • Future safety of victim and community
  • Criminal history

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Worked examples

Worked example 1

Under Art. 17.15, factors to be considered in setting bail include all of the following EXCEPT:

  1. Bail must be sufficiently high to give reasonable assurance of compliance
  2. Bail must not be used as an instrument of oppression
  3. Nature of the offense and circumstances under which committed
  4. The defendant's astrological sign Correct
Why: Art. 17.15 lists factors: high enough to assure compliance; not used as oppression; nature and circumstances of the offense; ability to make bail; future safety of the victim and community; and criminal history.
Statute: Tex. Code Crim. Proc. art. 17.15