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I'm a misdemeanor prosecutor. Its not often that I have to revoke a bond for any reason other than failure to appear for court.

However, it's Friday and I'm dealing with a felony Homicide defendant. Defendant is out on bond after running into the back of an SUV, killing a set of parents and seriously wounding a small child.

Reckless behavior is alleged rather than intentional or knowing. Reckless behavior is (1) texting while driving or (2) driving on a drivers license that had been revoked for excessive moving violations.

Guardian of the surviving child just called me - saw the defendant driving around town which in this case is going to amount to a Class B misdemeanor. I want to file a motion to revoke the Defendant's bond. I know it needs to be supported by a sworn affidavit. Do I just attach a sworn affidavit to my motion, or is there another way I need to handle it?

Advice would be greatly appreciated.
 
Posts: 63 | Location: Henderson, Texas, United States | Registered: December 02, 2011Reply With QuoteReport This Post
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There's no real burden of proof here. The law (CCP 17.09)) says the judge with jurisdiction can find a bond insufficient for any good and sufficient cause, and there's no limitation on the way the judge becomes aware of said good cause. Fax your motion to the defense, track down the judge, and have the clerk issue the capias. Might be the right case to ask for a No Bond and have it set for an 'instanter' hearing to determine bond. No elected judge wants the possibility of a second homicide by bad driving hanging over their head.
EDIT - I'd just attach your sworn affidavit from the witness to the motion as 'exhibit A' and reference it before "based on the foregoing the State requests this Court find the Defendant's bond insufficient."
 
Posts: 43 | Location: Brenham | Registered: March 24, 2010Reply With QuoteReport This Post
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