Defendant charged with cattle theft. Arrested in Nebraska. Made appearence in Tx Court with waiver. Showed up for pretrial in Tx but not arrested or subjected to bond in Tx. Trial today but Defendant did not show. No bond in Texas. FTA requires "... fails to appear in accordance with the terms of his release." Def calls and leaves message last week with Court acknowledging he is to be in Court on Monday but he has "discharged" his attorney (court appointed) and needs a continuance until he secures new counsel.Court calls his name 3 times and he is a no show. How do we prove that he had terms of release? He was released in Nebraska on bond on Fugitive warrant but no extradition required when he filed waiver in Tx. Judge declared his current bond amount insufficient and has issued new warrant for arrest. FTA? (38.10)
The terms of his release in Nebraska did not require him to appear in court in Texas. That he appeared in court here did not require him to reappear. I think you will be hard-pressed to prosecute a 38.10 charge. I know that is not what you hoped to hear, but I think he is still just a fugitive and not someone released on condition that he subsequently appear. I hope someone else has a different opinion.
I think Martin is correct. When the defendant appeared in Texas, he should have been placed under a new bond that required him to appear in court on the Texas charges. The other bond required him to appear in Nebraska when called to go to Texas.
Thanks for the input. I still have my "cattle rustling" when we get him back from Nebraska. We will see what a jury will do!!
Steve, guess I was overruled. I should have taken a look at the exact wording of the statute when we talked. After doing so, have to agree with John and Martin. Mea culpa.
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