Defendant just arrested in another county on pre-indictment warrant, his attorney files motion to reduce bond here, wants to have hearing before defendant transported back here.

Does defendant have to appear at hearing?

Why can't it wait for the arrival of the defendant?

[This message was edited by JB on 05-21-09 at .]

Sheriff has to go get defendant fairly quickly by law or other county will release defendant. And hearing should only be held with defendant present. We want to do things right, don't we? Or are we breaking only those rules that benefit the defendant?

We want it to wait for him to get here, and our position is that defendant needs to be here. Just looking for something that specifically says that to give to judge.

Articles 33.03 and 37.06 cover the defendant's presence during trial and sentencing. Seems fundamental that in a habeas corpus hearing that the body of the defendant (that being the object of the hearing) ought to be present. When a judge issues a writ, after all, he is ordering the body to be brought before him for a decision on the legality of the continued confinement of that body.

[This message was edited by JB on 05-21-09 at .]

This one says defendant is required during any pre-trial proceeding but then it goes on to list some specific reasons for pre-trial hearings but bond reduction is not in this list.

Art. 28.01. PRE-TRIAL.

Sec. 1. The court may set any criminal case for a pre-trial 
hearing before it is set for trial upon its merits, and 
direct the defendant and his attorney, if any of record, and 
the State's attorney, to appear before the court at the time 
and place stated in the court's order for a conference 
and hearing. The defendant must be present at the arraignment, 
and his presence is required during any pre-trial proceeding. 

[... snip ...]