Felony Evading Charge

My question involves criminal law for the state of: Texas

I was arrested and charged for evading arrest and dwi in April 2012. I received a $7500 bond for both charges combined. Was out on bond for almost a year. No more run ins with the law. Working and being productive member of society. Then out of nowhere I get felony indictment on evading charge, and because of that, they issue a warrant, and pre set a $75,000 bond which cost a small fortune to get out on... How can the court make me post 2 seperate bonds on the same charge when I was NOT revoked by bondsman or another run in with the authorities? They claim they did it because of past history, but they should have gave me a high bond from the start instead of arresting me twice and making me post two seperate bonds on the same charge... Please help. My attorney is no help and I already paid him....

Doesn't look like you're getting anything you paid for from your attorney if you're here asking something like this. Ya may jus' wanna ask for a refund and hook yourself up with an alternative.

As far as your question goes.........it would seem that your initial bond was just a lumped charge sorta thing. The DWI being most likely the primary (or only at the time?) charge. Then they saw fit to split the offense into its elements of merit, namely the DWI initially. Your bond at the time would've been then most likely attributed to the DWI while the evading was either a taken under advisement sorta thing or referred for a seperate warrant application.

Unfortunately for you it looks like they forwarded along the evading charge to a Grand Jury due to whatever is elemental to its commision, or as you state, your history. You may have done something in the act of evasion that really stepped out and took notice. But it is a separate charge, so therein lies the rub.

What "they should have" done is immaterial. It's what they've done, caused by your offenses, that leaves you in the lurch you're in.

The problem is that initially, my bond was set at $5000 for evading and a seperate bond of $2500 for first offense dwi, which indicates two seperate charges in itself. The bondsman charged $900 for both combined... Once I was indicted they issued warrant on evading charge and pre set the new bond at $75,000! It was NOT a lumped charge situation...it was clearly shown as two seperate charges on the paperwork after magistration, so any legal argument they try to make is utter nonsense. Furthermore, my attorney did not even know I had a warrant until a month after it was issued.He claims the court clerk did not have him listed as my attorney of record therefore the notice was not sent to him of a court date on the misdemeanor dwi. They did lift that warrant but I am of the belief this is the basis of felony warrant being issued. Last time I checked it was not my responsibility to pay for their clerical errors. He was listed as my attorney of record before I even bonded out the I did trirst time so they have no recourse for arguing otherwise.
Also, when the bondsman initially tried to post bail, he had to wait several ho urs for them to redo the reports, not once but twice! Which means they wrote 3 different re ports...sounds fishy to me. Not to mention I was arrested at home over an hour after all this allegedly happened, which means they cannot possibly prove a dwi case. And knowing this still made me do a breathalizer test as harrasment. Level was .08 first test and .09 second try...oh and I answered the door with beer in hand not knowing it was police at the door. They also took the keys to my vehicle and moved it off of private property, drove it over to the next block and had it towed from there. They even state that this is the location I parked the vehicle when in fact it was not, and their so called witness even stated that I parked in my usual spot on the side of house in my driveway...so I feel like they are trying to pull some illegal stuff off here. And i did try to get my money back to no avail.

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My attorney says that Caldwell county is notorious for doing this. He even went as far as saying "most see it as a rights violation but they do it anyway"...good to know the law is above the law!

It sounds like you are screwed in a nut shell. It appears the additional bond was due to the indictment and subsequent issuing of a warrant. Your lawyer is free to argue the process was flawed and it was not your fault the situation necessitated issuance of warrant.