Judge lowered a defendant's bond on a murder due to scheduling conflicts of witnesses on the part of the State and the Defense. He did this thinking the Feds would take the defendant on his federal matter, proceed on that, and the State would then get the defendant back to resolve the murder. The Feds did not take him because they want us to do our murder first, as do we. However, defendant posted our bond after Judge lowered it, and was then tranferred to Tarrant County on their hold for a 1st degree drug case that came about as a result of the warrant for arrest on our murder.

My goal is to get him back to Dallas and try him on this murder. The prosecutor in Tarrant County aggrees. I believe Judge is willing to sign a Motion to Reconsider and hold defendant's bond insufficient, so we can then get him transferred back. My question is do I have any grounds to alledge in this Motion to Reconsider since he hasn't committed any new offense and not a flight risk if he's in custody etc... I thought of alledging Speedy Trial concerns or judicial economy, in that, we can get him tried on August 13th for this murder and there is no trial date set on the drug case in Tarrant County.

Any thoughts or things to alledge in this Motion? Am I setting it up for any appellate issue?

Thanks!
Elaine Evans
469-385-1710

If you have a trial date, and he can't post the Tarrant County bond, you can always just get a bench warrant to bring him to your county. He still can't be released without posting bond in Tarrant County, too.