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y Chuck Lanehart CAUSE NO._________________________ THE STATE OF TEXAS § IN THE _________________________ § V. § OF § _________________________ § ____________________ COUNTY, TEXAS MOTION TO TRANSFER BOND TO INDICTED CAUSE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Defendant, _________________________, by and through the undersigned counsel, and moves the Court to allow Defendant to remain on his/her current bond, and in support shows the following: -1- On or about __________________, Defendant was arrested for the offense of _________________________, said offense alleged to have occurred on __________________. On __________________, Defendant posted bond in the amount of $______________ , and was released on said bail the same date. -2- On __________________, the Criminal District Attorney or County Attorney for _________________________ County presented Defendant’s case to the grand jury, and he/she was indicted for the same crime on that date. A capias has been issued for Defendant’s arrest, and bail has been set by the Court at $__________________. -3- Art. 17.09 of the Texas Code of Criminal Procedure provides in pertinent part as follows: DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his/her personal appearance before a court or magistrate, to 34 VOICE FOR THE DEFENSE July/August 2008
answer a charge against him/her, the said bond shall be valid and binding upon the defendant and his/her sureties, if any, thereon, for the defendant’s personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. Sec. 2. When a defendant has once given bail for his/her appearance in answer to a criminal charge, he/she shall not be required to give another bond in the course of the same criminal action except as herein provided. (Emphasis supplied) . . . Sec. 3. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. When such bond is so given and approved, the defendant shall be released from custody. -4- Defendant asks the Court to allow his/her original bail to remain in effect and be transferred to the new Cause Number __________________. Defendant has complied with all terms of bail, has made all court appearances, and has not violated any conditions of bail. The original bond is not defective, or insufficient, and the sureties on said bond are acceptable. WHEREFORE, Defendant prays that this Motion be granted. Respectfully submitted, _______________________________ Attorney Address City, State Zip Phone Fax By: Attorney State Bar No.: ________________ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Motion to Transfer Bond to Indicted Cause has been hand-delivered or mailed, postage prepaid, to the Criminal District Attorney or County Attorney of _________________________ County, Texas on the ____ day of _________________________, 200____. _____________________________ Attorney July/August 2008 VOICE FOR THE DEFENSE 35
Page 1 and 2: FOR THE DEFENSE Volume 37 No. 6 | J
Page 3 and 4: Contents :: Features :: Columns 9 |
Page 5 and 6: eLawSoftware Fifteen percent discou
Page 7 and 8: August August 8, 2008 CDLP | Best o
Page 9 and 10: they do not realize is otherwise ex
Page 11 and 12: Next year’s 22nd Annual Rusty Dun
Page 13 and 14: fight is for not only the benefit o
Page 15 and 16: F. R. Buck Files Jr. Prosecutors Ca
Page 17 and 18: “‘real nexus’” with the she
Page 19 and 20: Congratulations to Bill F. Leathers
Page 21 and 22: Lobby rats Bill Harris Sue Benner &
Page 23 and 24: Note: Send Hall of Fame pictures of
Page 25 and 26: 9. Procedure for Filing Motion Seek
Page 27 and 28: (A) acquitted by the trial court ex
Page 29 and 30: 1. The records do not relate to a v
Page 31 and 32: only the attorney and the client. B
Page 33: and getting him out of bed in the m
Page 37 and 38: The Hal Jackson Memorial Jolly Roge
Page 39 and 40: stances of this case. (Judge DeMoss
Page 41 and 42: e attributed to defendant for purpo
Page 43 and 44: va cated and case is remanded for C
Page 45 and 46: lant’s failure to testify but “
Page 47 and 48: The Trial Ultimate Notebook Series

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