Narrative Opinion Summary
The case involves a petitioner seeking a writ of habeas corpus for release from the Bexar County Adult Detention Center, where he is detained following an arrest for a felony under Section 32.15 of the Texas Penal/Health Safety Code. Despite having bond set, he remains confined due to his inability to afford the surety bond and the lack of personal bond issuance. The petitioner argues that his detention is unlawful under Section 17.151 of the Texas Code of Criminal Procedure, which mandates release on personal bond or a reduction of bail if the state is not ready for trial within ninety days. As over ninety days have elapsed since the initiation of criminal proceedings and the state has not indicated readiness for trial, the petitioner contends there is no legal basis to deny his release. He requests the court to grant a writ of habeas corpus, allowing his release on personal bond or reducing the bond to $60, which he can afford. The petition is duly certified and served upon the Bexar County District Attorney, with the petitioner affirming its truthfulness under oath.
Legal Issues Addressed
Bond Reduction Requestsubscribe to see similar legal issues
Application: Given his financial inability to post the surety bond, the petitioner requests a reduction of his bond to an amount he can afford, in compliance with statutory requirements.
Reasoning: In conclusion, Petitioner requests that the court issue a writ of habeas corpus to secure his release upon posting a personal bond or to reduce the bond amount to $60, which he can afford.
Habeas Corpus Petition for Releasesubscribe to see similar legal issues
Application: The petitioner seeks release from detention under a writ of habeas corpus, arguing that his continued confinement violates statutory provisions due to the state's unpreparedness for trial.
Reasoning: Petitioner seeks a writ of habeas corpus for release from confinement at the Bexar County Adult Detention Center, where he has been held since his arrest on an unspecified date.
Right to Personal Bond Under Texas Code of Criminal Procedure Section 17.151subscribe to see similar legal issues
Application: Petitioner invokes Section 17.151, which requires release on personal bond or bail reduction if the state is not ready for trial within ninety days.
Reasoning: Petitioner asserts that over ninety days have passed since the initiation of the criminal proceedings against him, invoking Section 17.151 of the Texas Code of Criminal Procedure.