Criminal

Writ of Habeas Corpus

By October 27, 2016 No Comments

IN THE DISTRICT COURTS OF TARRANT COUNTY, TEXAS
EX PARTE: ________________________________ WRIT NO. C _____________
RACE________ SEX________ DOB__________________ AGE________ CID #__________________
PETITION FOR WRIT OF HABEAS CORPUS
Comes Now,_____________ (Print name), Petitioner/Attorney for Applicant herein, on behalf of_____________, the Applicant herein, and would show the Court that the Applicant is illegally restrained of his/her liberty in Tarrant County, Texas by a peace officer of the City of__________, the nature of such illegal restraint being (charge)______________________________.
WHEREFORE, Petitioner/Attorney for Applicant prays that your Honor issue a Writ of Habeas Corpus, and that said Peace Officer be required to show cause why the Applicant is being detained.
Petitioner/Attorney for Applicant hereby’ requests that this Application be heard and decided without the production of the person detained, as provided under Texas Code of Criminal Procedure Art. 11.31.
I do solemnly swear or affirm-that lam the*Petitioner/Attorney for Applicant named in the foregoing petition subscribed by me, and that I have been retained by the Applicant herein; that I know the contents thereof and that the allegations of said petition are true according to my belief, so help me God.
____________________ _________________ ____________________
Petitioner/Attorney for Applicant (signature) State Bar Number Attorney’s Telephone Number

Sworn to or affirmed and subscribed this the_____ day of__________________, 20_______.
THOMAS A. WILDER
DISTRICT CLERK
TARRANT COUNTY, TEXAS

By__________________________ or __________________________
Deputy District Cleric; Criminal District Court Magistrate
Or Judge of__________ Court
Tarrant’ County, Texas

ORDER COMMANDING RETURN ON WRIT OF HABEAS CORPUS
THE STATE OF TEXAS TO CHIEF OF POLICE, CITY OF_________________
COUNTY OF TARRANT TO SHERIFF, TARRANT COUNTY, TEXAS
You are hereby commanded to IMMEDIATELY complete the attached ”Return on Writ of Habeas Corpus” and return the entire form to the attorney who presented your agency with this Writ of Habeas Corpus, or you may personally deliver said Return to the Judge or Magistrate whose signature appears below.” The appearance of the Applicant has been waived by the attorney for Applicant.
SIGNED this___________ day of¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬________________________, 20_______.
___________________
JUDGE (signature)
___________________
JUDGE (printed name)
COURT#___________________
TARRANT COUNTY, TEXAS
PHONE # TO CONTACT:______________

ATTORNEY VERIFICATION
(Information to Be Completed by Attorney Presenting the Writ of Habeas Corpus)
Full Name of Applicant: ____________________________________________________________
RACE________ SEX_________ DOB__________________ AGE________________ CID #____________
Address: _______________________________________________________________________
Law Enforcement Agency Holding Applicant: ____________________________________________
Charges Pending Against Applicant (be specific): Bond Amount (if set):
______________________________________ ___________________________
______________________________________ ___________________________
______________________________________ ___________________________
______________________________________ ___________________________
How long has Applicant been in custody? (give date and time, if possible):
_____________________________________________________________________________
Has Applicant appeared before a municipal Judge/magistrate? YES NO
Was Applicant arrested pursuant to an arrest warrant? YES NO
Does Applicant have a prior criminal record? YES NO
If YES, describe:_¬________________________________________________________________
Is the Applicant on probation for any offense? YES NO
Is there another criminal case pending on the Applicant? YES NO
If YES, describe: _________________________________________________________________
Is Applicant currently on bond for any other case? Yes NO
If YES, describe: _________________________________________________________________
Is Applicant a United States citizen? YES NO
If case is DWI, was there an accident? YES NO
If case is DWI, did any person sustain injuries? YES NO
If YES, describe: ______________________________________________________________
I certify that fee above provided information is true and correct to the best of my knowledge. I further certify that I have provided the magistrate to whom I am requesting a Writ of Habeas Corpus all of the relevant information that I have my possession concerning the restraint of the Applicant by the above listed law enforcement agency.

_________________________
Attorney for Applicant

Sworn to or affirmed and subscribed this the_________ day of______________,20______.
THOMAS A. WILDER
DISTRICT CLERK
TARRANT COUNTY, TEXAS

By_______________________________ or _____________________________________
Deputy District Clerk Criminal District Court Magistrate
Or Judge of__________ Court
Tarrant’ County, Texas

The officer served with this Writ must immediately make the return required by law by starting in plain language upon the copy of the writ the following information:
OFFICER’S RETURN ON WRIT OF HABEAS CORPUS
1. My name is ______________________ and I am employed by the ______________________
Police Department, in the following position ______________________.
2. The applicant on then Writ of Habeas Corpus, as listed on Page 1, IS//IS NOT in the custody of the department.
3. If you DO NOT currently have Applicant in your custody, have you transferred Applicant to the custody of another law enforcement officer or agency? Yes No
If the answer is ‘YES”, then answer the following questions:
To whom did you transferred the custody? ______________________________________
List date, time and reason custody transferred:
____________________________________________________________________________________________________________________________________________________________

4. The following charges are pending against the Applicant:

A. _________________________________________________ Bound Amount____________
B. _________________________________________________ Bound Amount____________
C. _________________________________________________ Bound Amount____________
D. _________________________________________________ Bound Amount____________

5. Please set forth any facts or circumstances surrounding the charges which are relevant, or attach supporting documents as noted below:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6. The case involves an allegation of
a. Deadly weapon? YES NO
b. Domestic Violence? YES NO
c. Sexual conduct or intended sexual conduct? YES NO

7. The applicant WAS//WAS NOT arrested pursuant to a Probable Cause Warrant.
(NOTE: If the Applicant was arrested pursuant to a Probable Cause Warrant please attach a copy of the arrest warrant and affidavit.)

8. The Applicant HAS// HAS NOT appeared before our municipal Judge. (NOTE: If the Applicant has already appeared before the municipal Judge please attached a copy of the Magistrate Warning and Probable Cause Determination, and include documentation of any bond of bonds set.
I hereby certify that the above listed information is true and correct and accurately reflects the status and charge(s) pending against the Applicant whose name is listed in the Writ of Habeas Corpus.

_____________________________________________ __________________
Signature of Police Officer DATE TIME

_____________________________________________ _________________________
Printed Name of Office Badge/ID.No. Telephone Number of Officer

NOTE TO OFFICER COMPLETING RETURN:- After filling in the above information and attaching anv
Supporting documentation, please return the original to Attorney who presented the Writ for returns to the Judge, or you may return if yourself to the Judge whose signature appears on the previous page. Please make a copy for you department records.

(Judge to fill out only one of the following forms)
WRIT OF HABEAS CORPUS
(SETTING HEARING)
THE STATE OF TEXAS TO CHIEF OF POLICE, CITY OF___________________
COUNTY OF TARRANT TO SHERIFF, TARRANT COUNTY, TEXAS
You are hereby commanded that on the ____ day of __________, 20 ______, at _______ o’clock, __M., in the Courtroom of the________________ District Court ___________of Tarrant County, Texas, you have before me the undersigned, the person of said Applicant herein, by whose petition it is alleged you are now illegally restraining the said Applicant of his liberty, at which time and place you will show why the said Applicant is so restrained.
SIGNED this ____________________day of ____________________ ,20_________.

____________________________________
CRIMINAL DISTRICT COURT MAGISTRATE
Or JUDGE OF________________ COURT
TARRANT COUNTY, TEXAS

-OR-

WRIT OF HABEAS CORPUS
(SETTING SURETY BOND)

STATE OF TEXAS TO CHIEF OF POLICE, CITY OF________________________
COUNTY OF TARRANT TO SHERIFF, TARRANT COUNTY, TEXAS
A SURETY / PERSONAL / CASH (circle all that apply) BOND in the amount of $______________________ The following conditions are set on said bond: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________. It is further a condition of said bond that Applicant appear in the _________________________ Court on the ____________________ day of _____________________, 20 ______ at ____________(time)____m. for a hearing on the Writ of Habeas Corpus.
SIGNED this ____________ day of ___________________, 20______.

________________________________________
CRIMINAL DISTRICT COURT MAGISTRATE
Or JUDGE OF_________COURT
TARRANT COUNTY, TEXAS

Francisco Hernandez

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