CAUSE NO. * STATE OF TEXAS IN THE DISTRICT COURT. vs. * JUDICIAL DISTRICT *DEFENDANT NAME GALVESTON COUNTY, TEXAS

Transcription

1 CAUSE NO. * STATE OF TEXAS IN THE DISTRICT COURT vs. * JUDICIAL DISTRICT *DEFENDANT NAME GALVESTON COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION TO THE HONORABLE JUDGE OF SAID COURT: Now comes * Defendant name, Defendant, by and through attorney of record, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction, and for good cause shows the following: 1. *Defendant name is charged with *, a * degree felony. Defendant, has been determined to be indigent by the Court, is illegally confined and restrained of liberty by the Sheriff of Galveston County, Texas in the Galveston County Jail in Galveston, Texas in lieu of a secure money bond in the amount of $*. Attachment 1. (attach bond paperwork) 2. Defendant s confinement and restraint is illegal because bond is excessive, oppressive and beyond the financial means of Defendant, in violation of the Eighth, and Fourteenth Amendments to the United States Constitution, Article I, 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and of the Texas Code of Criminal Procedure, and various case law standing for the proposition that confining an individual based on his or her inability to pay a monetary value beyond their financial means without meaningful consideration of other possible alternatives, is inherently unconstitutional. See Pugh v. Rainwater, 572 F. 2d 1053 (5 th Cir. 1978) (en banc), Walker v. City of Calhoun, ---F. Supp. 3d---, 2016 WL (N.D. Ga Jan. 28, 2016) (granting class-wide preliminary injunction to stop the use of money bond to detain new arrestees without an inquiry into the arrestees ability to pay), O Donnell v. Defendant name- App for Writ HC Bond Reduction Page 1

2 Harris County, Texas, et al., 4:16-cv No (5 th Cir. 02/14/2018) (Bail schemes based on ability to pay violates procedural due process and equal protection rights under the United States and Texas Constitutions). 3. When Defendant was magistrated on *,2018, by Judge *, *, the Court did not conduct an individualized assessment to inquire about Defendant s ability to pay the secure money bond. Nor did Judge * take any evidence in about Defendant s ability to pay the $* bond, or meaningfully consider other possible alternatives to secure money bond such as personal bond. Instead, without allowing *Defendant name to speak, the Court ordered a previously predetermined bond amount to go into effect. 4. Hearing officers and County Judges are legally proscribed from mechanically applying a bail schedule given to an arrestee. Instead, the Texas Code requires officials to conduct an individualized review based on five factors including, defendants ability to pay, the charge, and community safety. Texas Code Criminal Procedure Art That did not happen here. Here, the secure money bail functions as a pretrial detention order as it did not provide any individualized assessment of *Defendants name ability to pay, or provide meaningful consideration of other possible alternatives to secure money bond. 6. In response to the Federal Courts Order granting a preliminary injunction in O Donnell v. Harris County, Texas, Harris County implemented a tool, the Public Safety Assessment (PSA), developed by the Laura and John Arnold Foundation currently being utilized in now over 30 jurisdictions across the United States, including three entire States, as well as some of the largest cities in the nation like Chicago, Charlotte, Pittsburg and Milwaukee. The PSA utilizes 9 factors in a neutral, non-discriminatory and reliable way to gauge the risk that a defendant poses in an effort to help protect public safety while reducing jail populations. See Defendant name- App for Writ HC Bond Reduction Page 2

3 generally Data driven tool gives Harris County judges new way to assess defendants pretrial risk level, May 24, 2016, press release Laura and John Arnold Foundation Attachment 2. A sample questionnaire based on those nine factors and answers for *Defendant name is attached to this motion. Attachment 3. (if applicable) 7. Defendant was seen and evaluated by the Gulf Coast Center, where *Defendant name was identified as one who is suspected of having Mental Illness or Mental Retardation. *Defendants continued confinement may cause among other detriment effects, loss of housing, employment, liberty, but also a lack of identification and treatment of mental illnesses. 8. Defendant does not have the ability to pay the predetermined $* bond as set. Defendant however, has strong ties to the community, is not a flight risk, and will abide by any reasonable bond conditions that the Court imposes in order to assure *his/her appearance at future court dates and to protect the public. 9. Defendant respectfully requests this Court to conduct an evidentiary hearing and, after receiving evidence, to reduce the amount of bond to a reasonable and affordable amount, in order that Defendant will have an opportunity to obtain release from incarceration pending resolution of her case. WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant and issue a Writ of Habeas Corpus to the Sheriff of Galveston County of Galveston County, Texas, directing and commanding production of Defendant before this Court instanter, or at such time and place to be designated by this Court, then and there to show cause, if any there be, why Defendant should not be discharged from such illegal confinement; or that Defendant be allowed bail in a reasonable and affordable amount. Defendant further prays that immediate bail be Defendant name- App for Writ HC Bond Reduction Page 3

4 allowed in a reasonable and affordable amount, conditioned that Defendant appear at the hearing to await further orders of the Court. Respectfully submitted, *Attorney name *address Galveston, TX Tel: * Fax: * By: /s/* *Attorney name State Bar No. * *attorney address.com Attorney for Defendant CERTIFICATE OF SERVICE This is to certify that on *, 2018, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Galveston County, by e-file delivery. /s/* Attorney name ORDER OF SETTING On, 2018, came on to be heard the Application of Defendant for a Writ of Habeas Corpus, and it appearing to the Court that said Defendant is entitled to a hearing on said Application, it is THEREFORE ORDERED that the Clerk of this Court issue a Writ of Habeas Corpus directed to the Sheriff of Galveston County of Galveston County, Texas, and commanding the Sheriff of Galveston County to have and produce the person of Defendant before me in the courtroom of the * Judicial District Court, on, 2018, at o'clock, then and there to show cause why the said Defendant should not be released from custody on a reasonable and affordable bond. Defendant name- App for Writ HC Bond Reduction Page 4

5 Signed on. JUDGE PRESIDING Defendant name- App for Writ HC Bond Reduction Page 5

6 CAUSE NO. * STATE OF TEXAS IN THE DISTRICT COURT vs. * JUDICIAL DISTRICT DEFENDANT GALVESTON COUNTY, TEXAS WRIT OF HABEAS CORPUS TO THE SHERIFF OF GALVESTON COUNTY, TEXAS: GREETINGS: YOU ARE HEREBY COMMANDED to produce before me at the * District Court, in the County of Galveston, State of Texas on the day of, 2018, at o'clock M., the person of Defendant, TDCJ NO. n/a, whom it is alleged you illegally restrain of *his/her liberty, when and where you will show why you hold the said Defendant, TDCJ NO. n/a, in custody, or restrain her liberty. HEREIN FAIL NOT, and return make hereof. Signed on. JUDGE PRESIDING Defendant name- App for Writ HC Bond Reduction Page 6