Texas Code of Criminal Procedure 45A.256 – Forfeiture of Cash Bond to Satisfy Fines and Costs; Motion for New Trial
(a) A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant to satisfy the defendant’s fine and costs 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 conditions of the defendant’s release.
(b) A justice or judge who enters a judgment of conviction and forfeiture of bond under Subsection (a) 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 specified date 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.
Terms Used In Texas Code of Criminal Procedure 45A.256
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Notwithstanding Article 45A.201, the defendant may file a motion for a new trial within the period provided by Subsection (b), 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.
Text of article effective on January 01, 2025