Ex Parte Fernando Castellanos
2014 Tex. App. LEXIS 737
| Tex. App. | 2014Background
- Appellant Fernando Castellanos was charged with engaging in organized criminal activity, fraudulent use/possession of identifying information, and money laundering over $200,000.
- Initial bail was set at $500,000 on each count; habeas corpus sought reduction to $50,000 per count.
- Trial court held an evidentiary hearing and reduced bail to $225,000 per count.
- Defendant did not testify; Valverde (cousin) and Antonia Castillo (bonding company) testified regarding finances and collateral.
- Detective Cardenas detailed the alleged scheme, including cloning hundreds of credit cards and money transfers abroad; a search of Castellanos’s home yielded relevant evidence and passport seizure.
- Standard of review for excessive bail requires abuse of discretion; defendant bears burden to prove excessiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion by setting bail at $225,000 per count? | Castellanos argues bail remains excessive given community ties and no prior record. | State contends bail is reasonable, reflecting flight risk and seriousness of offenses. | No abuse; bail reasonable under circumstances. |
| Should bail have been further reduced due to defendant's community ties and non-violent offenses? | Castellanos asserts strong ties, trial appearance likelihood, non-violent charges warrant lower bail. | State asserts flight risk and offense gravity justify current amount. | Court declined to reduce further; affirmed 225k per count. |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (abuse-of-discretion standard for bail; defendant bears burden)
- Ex parte Beard, 92 S.W.3d 566 (Tex. App.—Austin 2002) (zone-of-reasonable-disagreement standard in bail appeals)
- Ex parte Scott, 122 S.W.3d 866 (Tex. App.—Fort Worth 2003) (absence of evidence on ability to make bond supports higher bail)
- Ex parte Hunt, 138 S.W.3d 503 (Tex. App.—Fort Worth 2004) (nature and circumstances of offense inform bail amount)
- Hulin, 31 S.W.3d 754 (Tex. App.—Houston [1st Dist.] 2000) (serious offenses may justify higher bail for deterrence)
- Ex parte Rodriguez, 595 S.W.2d 549 (Tex. Crim. App. 1980) (citizenship status factors in bail considerations)
- Milner, 263 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2006) (bailability factors; asset disclosure not always required)