in Re Derrick Lee Thomas, 01-15-00786-CR

in Re Derrick Lee Thomas

01-15-00786-CR

| Tex. App. | Sep 14, 2015

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Case Information

The State of Texas V5 Derrick Thomas

Cause No. 1386629

In The 262 PITTENTINISTICI Court 14th COURS REAPPEAS SEP 142015

In 15-00786-cR

SEP 142015

To The Honorable Judge of Said Court:

Come Now, Derrick Thomas, petitioner in the above entitled and numbered cause and presents this his petition for visit of Hahores, and the hand reduction for the purpose of obtaining a discharge from Custody or, in the alternative, the reduction of the bond presently set, the failure to enter which serves as the reason for the present custody of the petitioner. In support of this petition, the petitioner swears to the Court following:

I

Petitioner is restrained and confined at Harris County. Jail, 701 N. San Jacinto Houston, Texas, by the Sheriff of Harris County, Texas.

II

Petitioner's confinement isby virtue of his arrest for the offense alleged in the indictment in the above cause.

SEP 142015

Petitioner was committed to custody for failure to enter into a bond, and in the amount of $$ 95, 000$ . A copy of the adersetting the bond amount is not attached here to because petitioner is unable to obtain such.

IV.

The bail required of petitioner is excessive petitioner has made a genuine effort, both individually and through his friends and family to post bond amount of $$ 40, 000$ but has been unsweestulin raising the money necessary to pay the professional bondman fee for the posting of the bond in the amount of $$ 40, 000$

Petitioner is indigent, but does have faithful friends and family who could adequately secure a surety bond in the amount of $$ 40, 000$ ...

VI.

Any Pre-Trial detention for failure to make baill in the amount presently required denies the Petitioner due process of law in that he is being punished without trial and in violation of the presumption of innocence without any showing of coercicting necessity, and he will be prejudiced at his subsequent trial by Pre-Trial incarceration and will be deprived of his fund mental rights of fairness at the guilt and punishment stage of his subsequent trial on the merits.

DUNEREFORE, petitioner prays that this Court grant this Writ of Hebeas Corpus and conducts a hearing thereon, and that the Petitioner be ordered discharged from this illegal custody and restraint, or, in the alternative, that the amount of bond required be reduced to $$ 40, 000$ .

Respectfully submitted this the 04 day of September, 2015.

Decyich Thomas Petitioner

"I, Dercick Thomas spattdissor26 from County Tail, being presently incarcerated in Harris County Tail in Harcis County, Texas, declare under penalty of perjury that the foregoing is true and correct.

Executed on 03-12-14

(Date)

Desirely Thomas (Signature)

Notes

*3 On this the day of , 20 , came to be heard petitioner's motion, and it appears to this court that it should be:

GRANTED DENIED and it is so ordered.