NO. [*____*]
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STATE OF TEXAS |
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IN THE DISTRICT COURT |
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vs. |
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5 JUDICIAL DISTRICT |
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DEFENDANT |
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COLLIN COUNTY, TEXAS |
DEFENDANT'S APPLICATION FOR EXPENSES NECESSARY TO SECURE
TESTIMONY OF OUT-OF-STATE WITNESS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes DEFENDANT, Defendant in the above styled and numbered cause and files this Application for Expenses Necessary to Secure Testimony of Out-of-State Witness. Pursuant to and in accordance with Article 35.27(8) of the Texas Code of Criminal Procedure, DEFENDANT applies to the Court for advance of funds necessary to obtain the testimony of [*____*] in this proceeding, and in support would show:
1. This Court has previously certified to the Court in the State of [*____*] that the presence of the witness would be required for [*____*].
2. Article 35.27 of the Texas Code of Criminal Procedure requires that [*____*] be compensated for reasonable and necessary transportation, meal and lodging expenses incurred by reason of attendance at a proceeding in this state, provided however that reimbursement may be forthcoming only if [*____*] travels here by commercial transportation or personal vehicle and is lodged in a commercial lodging establishment.
3. By the terms of the Uniform Act to Secure Attendance of Witnesses From Without the State in Criminal Proceedings, DEFENDANT is required to tender compensation to [*____*] of the amount reasonably necessary to enable [*____*] to attend proceedings. The amount of the required tender is estimated to be $[*____*].
4. DEFENDANT is indigent, as previously found by the Court, and does not have the ability to tender personal funds to the witness.
5. This application is a prerequisite to any action by the Comptroller of Public Accounts in depositing the required funds to the registry of this court, which will then make the funds available in accordance with the Texas Code of Criminal Procedure.
6. DEFENDANT alleges the testimony to be garnered from attendance by [*____*] is material to this cause which relates to charges pending against DEFENDANT for the offense of Indecency with a Child, which is a Class A Misdemeanor.
7. The testimony is material for the following reasons:
a. [*____*].
b. [*____*].
c. [*____*].
d. [*____*].
e. [*____*].
WHEREFORE, PREMISES CONSIDERED, DEFENDANT requests the Court to find materiality of the proposed testimony and to find that DEFENDANT properly shows the requisite necessity for advance of funds necessary to secure the testimony of [*____*].
Respectfully submitted,
By:
[*____*]
State Bar No. [*____*]
Attorney for DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that on May 21, 2001, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Collin County, [*____*], by certified mail, return receipt requested.
[*____*]
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Possession for Sales of Narcotics
Juvenile Crimes
Assault and Battery
Domestic Violence
Fraud
Robbery
Burglary
Grand Theft and Petty Theft
Embezzlement
Probation or Parole Matters
Sex Offenses
Lewd Conduct
Solicitation
Prostitution
Unlawful Conduct With a Minor
Molestation
Terrorist Threats
Reckless Driving
Driving on a Suspended License
DMV suspensions and hearings from Drunk Driving
All other Texas DUI and Criminal Defense matters everywhere in Texas.
The Law Offices of Heather J. Barbieri practices law in the areas throughout the Dallas/Ft. Worth Metroplex:
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Collin County , including providing outstanding criminal defense law practice in the cities of:
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Welcome to our Web site. We hope that you will find our site informative and useful. Our goal is to provide the highest quality legal services to you and your business in a timely fashion. We welcome the opportunity to talk with you and to discuss how we may be of service.
The Law Offices of Heather J. Barbieri pracitces criminal defense law in the following areas:
Virtually all Misdemeanor and Felony Criminal Defense charges
Drunk Driving and DUI Defense
Appeals
Writs of Habeas Corpus
Expunctions Proceedings
Federal Crimes
Domestic Violence
Drug Possession
Possession for Sales of Narcotics
Juvenile Crimes
Assault and Battery
Domestic Violence
Fraud
Robbery
Burglary
Grand Theft and Petty Theft
Embezzlement
Probation or Parole Matters
Sex Offenses
Lewd Conduct
Solicitation
Prostitution
Unlawful Conduct With a Minor
Molestation
Terrorist Threats
Reckless Driving
Driving on a Suspended License
DMV suspensions and hearings from Drunk Driving
All other Texas DUI and Criminal Defense matters everywhere in Texas.
The Law Offices of Heather J. Barbieri practices law in the areas throughout the Dallas/Ft. Worth Metroplex:
throughout the Dallas/Fort Worth Metroplex:
Collin County , including providing outstanding criminal defense law practice in the cities of:
Allen, Anna, Blue Ridge, Carrollton, Celina, Dallas, Fariview, Farmersville, Frisco, Garland, Josephine, Lavon, Lowry Crossing, Lewis, McKinney, Melissa, Murphy, Nevada, New Hope, Parker, Plano, Princeton, Prosper, Richardson, Royse City, Sachse, Saint Paul, Van Alstyne, Weston, Wylie
Dallas County , including providing outstanding criminal defense law practice in the cities of:
Addison, Balch Springs, Buckingham, Carrollton, Cedar Hill, Cockrell Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Flower Mound, Garland, Glenn Heights, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewsville, Mesquite, Ovilla, Richardson, Rowlett, Sachse, Seagoville, Sunnyvale, University Park, Wilmer, Wylie
Denton County , including providing outstanding criminal defense law practice in the cities of:
Argyle, Aubrey, Bartonville, Carrollton, Coppell, Copper Canyon, Corinth, Corral City, Cross Raods, Dallas, Denton, Double Oak, Flower Mount, Forth Worth, Frisco, Grapevine, Hackberry, Hasley, Hebron, Hickory Creek, Highland Village, Jusin, Krugerville, Krum, Lake Dallas, Lakewook Village, Lewisville, Lincoln Park, Little Elm, Marshall Creek, Northlake, Oak Point, Pilot Point, Plano, Ponder, Roanoke, Sanger, Shady Shores, Southlake, The Colony, Trophy Club, Westlake
