by Chuck Lanehart
CAUSE NO._________________________

THE STATE OF TEXAS	§	IN THE _________________________
	§
V.	§	OF
	§
_________________________	§	____________________ COUNTY, TEXAS

MOTION TO TRANSFER BOND TO INDICTED CAUSE

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW the Defendant, _________________________, by and through the undersigned counsel, and moves the Court to allow Defendant to remain on his/her current bond, and in support shows the following:

-1-
On or about __________________, Defendant was arrested for the offense of _________________________, said offense alleged to have occurred on __________________. On __________________, Defendant posted bond in the amount of $______________ , and was released on said bail the same date. 

-2-
On __________________, the Criminal District Attorney or County Attorney for _________________________ County presented Defendant’s case to the grand jury, and he/she was indicted for the same crime on that date. A capias has been issued for Defendant’s arrest, and bail has been set by the Court at $__________________.

-3-
Art. 17.09 of the Texas Code of Criminal Procedure provides in pertinent part as follows: 
DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his/her personal appearance before a court or magistrate, to answer a charge against him/her, the said bond shall be valid and binding upon the defendant and his/her sureties, if any, thereon, for the defendant’s personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. Sec. 2. When a defendant has once given bail for his/her appearance in answer to a criminal charge, he/she shall not be required to give another bond in the course of the same criminal action except as herein provided. (Emphasis supplied)
. . . 
Sec. 3. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. When such bond is so given and approved, the defendant shall be released from custody. 
-4-
	Defendant asks the Court to allow his/her original bail to remain in effect and be transferred to the new Cause Number __________________. Defendant has complied with all terms of bail, has made all court ap­pear­ances, and has not violated any conditions of bail. The original bond is not defective, or insufficient, and the sureties on said bond are acceptable. 
	WHEREFORE, Defendant prays that this Motion be granted.

	Respectfully submitted,

	_______________________________
	Attorney
	Address
	City, State Zip
	Phone
	Fax

	By: 
		Attorney
		State Bar No.: ________________

CERTIFICATE OF SERVICE

	I hereby certify that a true and correct copy of the above and foregoing Motion to Transfer Bond to Indicted Cause has been hand-delivered or mailed, postage prepaid, to the Criminal District Attorney or County Attorney of _________________________ County, Texas on the ____ day of _________________________, 200____.

_____________________________
Attorney
CAUSE NO._________________________

THE STATE OF TEXAS	§	IN THE _________________________
	§
V.	§	OF
	§
_________________________	§	____________________ COUNTY, TEXAS

ORDER

	ON THIS DAY, the Court heard Defendant’s Motion to Transfer Bond to Indicted Cause, and the same is hereby:
	GRANTED, and Defendant’s bond posted in Cause No. _________________ shall be transferred to this cause, and Defendant shall not be required to post new bail; or

	DENIED, to which action the Defendant objects.

	SIGNED ______________________________ , 200____.

	___________________________________
	JUDGE PRESIDING