Criminal

MAGISTRATE POLICIES REGARDING PRE-TIUAL WRITS OF HABEAS CORPUS

The criminal magistrates of Tarrant Cow1ty, Texas are authorized to grant pre-trial writs of habeas corpus as provided under Article 11 of the Code of Criminal Procedure, only where Applicant’s auomey has complied with the following procedural steps:

WRIT OF HABEAS CORPUS – PROCEDURAL STEPS

1. Petition/Application Presented t Judge or Magistrate [CCP Art. 11.14)

2. Judge or Magistrate signs Order Commanding Retum on Writ of Habeas Corpus (sec forms)

3. Law Enforcement Agency Served with Writ [CCP Arl. 1 1.27]

4. Relum is Made Immediately on Writ [CCP Art. 11.28, 11.29, and 11.30] by Law Enforcement Agency. {The return paperwork must be returned lo the same Judge or Magistrate by either the attorney reprcsenliug Applicant, or the law enforcement agency.)

5. Applicant Shall be Brought Before Judge [Art. 11.0l, 11.31, and 11.32]. This appearance is waived by the consent of counsel.

6. After reviewing the Return, the Judge or Magistrate determines the custody status of the prisoner (Applicant) pending the hearing on the Writ of Habeas Corpus. The safekeeping of the prisoner is under the direction of the Judge or Magistrate, and the prisoner may be bailed from day to day or remanded to the samejail from which he came [CCP Art. 11.32].

7. • Judge or Magistrate either:

a. Sets a date and lime for a hearing al which the law enforcement agency must produce the Applicant, with notice to the Stale of a hearing (sec provisions relating to Law. Enforcement Agency Allowed Reasonable Time lo Produce Person [Art. 11.33] and Stale of Texas lo be Represented [Art. 11.39]); OR

b. Sets a dale and lime for n hearing, and sets a reasonable bond, which may be posted in the fonn of a personal, cash bond, or surely bond, pending the writ hearing.

8. Attorney for Applicant then returns lo the jail with the paperwork.

9. Hearing (ifnecessary) [Art. 11.32, 11.44, and 11.49]

I0. Conclusion on Status [Art. 11.44 and 11..46)

It is the further pi>licy of the criminal judges of Tarrant County that the criminal magistrates MAY set a reasonable bond pending a hearing on the pre-trial writ of habeas corpus ONLY if all procedural steps set out above have been strictly followed AND the case type is not included in the exclusion list as follows:

1. Any CCP §42.12, Sec. 3(g) offense, including all cases with deadly weapon allegations;

2. Where a. case has already been filccl and assigned to a court;

3. Any case involving domestic violence;

4. Any case in which the defendant is charged with stalking;

5. Where the defendant is on any fonn of community supervision;

6. Where the defendant is on bond on another case;

7. Where the arrest oflhc defendant was based on a warrant signed and bond was set by a district or county court judge;

8. Where the case arises in a county other than TmTnnt County;

9. Any Class C misdemeanor case;

10. Any felony involving sexual conduct or intended sexual conduct;

11. Any offense for a I st degree or hig 1er felony;

12. Any case in which the bond set is presumptively reasonable;

13. Where the Applicant is not currently in custody; and

14. Where the procedural steps for obtaining a \vrit of habeas corpus arc not strictly followed.

Francisco Hernandez

Author Francisco Hernandez

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