WAIVER OF PERSONAL APPEARANCE TO ENTER PLEA AND …...plea and sentencing and the consequences of...

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NO. C1-CR________________ STATE OF TEXAS ) IN THE COUNTY COURT VS. ) AT LAW NUMBER _____ ____________________________ ) OF TRAVIS COUNTY TEXAS WAIVER OF PERSONAL APPEARANCE TO ENTER PLEA AND WAIVER OF APPEARANCE FOR SENTENCING NOW COMES, __________________________________, the Defendant in the above styled and numbered cause and states the following: 1. I am the person charged with the offense of __________________________________ ________________________________in the above styled and numbered cause; 2. I am represented by my attorney, _____________________________, in this case and have fully consulted with my attorney concerning this charge; 3. I understand that I have the right under the Texas and U.S. Constitutions and Texas statutory law to appear personally before this Court in all proceedings in this cause; 4. My attorney has conducted full investigation including discovery of the prosecution’s evidence against me and described this evidence to me; 5. I have been informed of a plea bargain offer made by the State in this case and fully discussed it with my attorney; 6. The terms of the plea bargain are, in return for a plea of guilty or no contest to the charge, the State will recommend the Court impose a punishment as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 7. I understand that I do not have to accept this or any plea bargain and have the full right to confront the witnesses against me and have the State prove my guilt beyond a reasonable doubt at a trial by jury or trial before the Court; 8. After consulting fully with my attorney, I waive my right to a jury trial and wish to enter a plea of _____ guilty / _____ no contendere (strike one) to this cause and respectfully request the Court impose the punishment recommended by the State as described above;

Transcript of WAIVER OF PERSONAL APPEARANCE TO ENTER PLEA AND …...plea and sentencing and the consequences of...

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NO. C1-CR________________

STATE OF TEXAS ) IN THE COUNTY COURT

VS. ) AT LAW NUMBER _____

____________________________ ) OF TRAVIS COUNTY TEXAS

WAIVER OF PERSONAL APPEARANCE TO ENTER PLEA AND WAIVER OF APPEARANCE FOR SENTENCING

NOW COMES, __________________________________, the Defendant in the above styled and numbered cause and states the following:

1. I am the person charged with the offense of __________________________________________________________________in the above styled and numbered cause;

2. I am represented by my attorney, _____________________________, in this case andhave fully consulted with my attorney concerning this charge;

3. I understand that I have the right under the Texas and U.S. Constitutions and Texasstatutory law to appear personally before this Court in all proceedings in this cause;

4. My attorney has conducted full investigation including discovery of the prosecution’sevidence against me and described this evidence to me;

5. I have been informed of a plea bargain offer made by the State in this case and fullydiscussed it with my attorney;

6. The terms of the plea bargain are, in return for a plea of guilty or no contest to thecharge, the State will recommend the Court impose a punishment as follows: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. I understand that I do not have to accept this or any plea bargain and have the full rightto confront the witnesses against me and have the State prove my guilt beyond a reasonable doubt at a trial by jury or trial before the Court;

8. After consulting fully with my attorney, I waive my right to a jury trial and wish toenter a plea of _____ guilty / _____ no contendere (strike one) to this cause and respectfully request the Court impose the punishment recommended by the State as described above;

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9. By entering this plea, I fully understand that I am stipulating that the State couldpresent evidence that would substantiate my guilt to the charge alleged in this cause and that the Court will make a finding that the evidence does show my guilt beyond a reasonable doubt;

10. I also specifically waive my right to personally appear to enter this plea andrespectfully request the Court to accept this written waiver as the entry of my plea as described above;

11. I have also executed a standardized plea form bearing the above cause numberentitled “Defendant’s Plea of Guilty, Nolo Contendere, Waiver and Stipulation” and adopt this instrument by reference as if set out in full in this document;

12. After consulting with my attorney, I also specifically waive any right to assert thewaiver of personal appearance at the plea hearing or sentencing in any appeal or post conviction proceeding including a writ of habeas corpus;

13. I have executed a sworn verification of this waiver and attached it to this document.

Signed this _____ day of ____________, 20_____.

_________________________________ Defendant

STATEMENT BY DEFENDANT’S ATTORNEY

I have fully explained to the Defendant the right to personally appear before this Court for plea and sentencing and the consequences of entering a plea of guilty or nolo contendere and join in this waiver of personal appearance.

Signed this _______ day of _______, 20_____.

_________________________________ Attorney for Defendant

APPROVAL BY STATE’S ATTORNEY

I approve of the waiver of personal appearance in this cause and request the Court to proceed upon the Defendant’s written plea of guilty or nolo contendere

Signed this _______ day of _______, 20_____.

_________________________________ Attorney for State

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STATE OF ____________________ ) COUNTY OF __________________ )

AFFIDAVIT VERIFIYING WAIVER OF

PERSONAL APPEARANCE

BEFORE ME, the undersigned authority, personally appeared ____________________ _________________, who, being by me duly sworn, deposed as follows: “I have read the attached Waiver of Personal Appearance to Enter Plea and Waiver of Appearance for Sentencing and find the facts stated in that document are true and correct.” ______________________________________ Affiant SWORN AND SUBSCRIBED before me on the _____ day of _________, 20________. ______________________________________ Notary Public ______________________________________ Notary’s Printed Name My Commission expires: ______________________________________.

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STATE OF ____________________ ) COUNTY OF __________________ )

AFFIDAVIT VERIFYING WAIVER OF

PERSONAL APPEARANCE MADE IN LIEU OF NOTARY PURSUANT

SEC. 132.001, TEX. CIV. PRAC. REMEDIES CODE

I, ___________________________________, with identifying number _____________,

(from TDCJ-ID or County Jail), being presently incarcerated in __________________________

(name of penal institution) in __________________ County, Texas declare under the penalty of

perjury that I have read the attached “Waiver of Personal Appearance to Enter Plea and Waiver

of Appearance for Sentencing” and find the facts stated in that document are true and correct.

EXECUTED on the ______ day of ____________, 20______.

____________________________________

Affiant

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CAUSE NO. C-1- CR- ________________

THE STATE OF TEXAS § IN THE COUNTY COURT AT LAW §

VS. § NUMBER __________§

____________________________ § TRAVIS COUNTY, TEXAS

PLEA OF GUILTY OR NO CONTEST, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS AND STIPULATIONS

I. ADMONISHMENTS You are hereby admonished in writing:1. You are charged with the misdemeanor offense (after amendment, if any) of: ______________________ _____________________________________________________________________________________.Plea to Offense Alleged: You are pleading GUILTY NO CONTEST (check one) to the charged offense described above. Reduction: The State moves to reduce the charged offense to _________________________________ ___________________________________________________ and you are pleading GUILTY/NO CONTEST (circle one) to that offense.

2. Punishment Range: The range of punishment for the charged and/or plea-bargained offense is (check one):

______ CLASS A MISDEMEANOR: Confinement in jail for a term not to exceed one year; a fine not to exceed $4,000; or

both such fine and confinement.

______ CLASS B MISDEMEANOR: Confinement in jail for a term not to exceed 180 days; a fine not to exceed $2,000; or

both such fine and confinement.

______ CLASS C MISDEMEANOR: A fine not to exceed $500

______ OTHER: __________________________________________________________________

3. Plea Agreement: The prosecutor’s punishment recommendation is not binding on the Court. If a plea agreement does exist, the Court willinform you in open court before making any finding on your plea whether it will follow the plea agreement.

4. Un-negotiated Plea: If there is not a plea agreement, then all non-jurisdictional defects are waived, and you have no right to appealexcept for jurisdictional matters. If you are convicted in a non-negotiated plea you have the right to appeal jurisdictional matters to theappropriate Court of Appeals of Texas, and the right to be represented on appeal by an attorney, but if you cannot afford to pay for such, theCourt will, without expense to you, provide an attorney and a proper record for such an appeal.

5. Negotiated Plea & Appeal: If the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed toby you and your attorney, you must receive the Court’s permission before you may appeal any matter except matters raised by writtenmotion(s) filed prior to trial.

6. Citizenship: If you are not a citizen of the United States, regardless whether or not you have lawful immigration status, you should tell yourlawyer. A plea of guilty or no contest, admission of guilt, or conviction could result in detention, removal, deportation, exclusion from the United States, or denial of naturalization/citizenship or other immigration benefits pursuant to federal law. A conviction of certain crimes, incuding butnot limited to domestic violence, drug possession, theft, burglary of a vehicle will have an adverse impact on your immigration status. If anattorney has not advised you of possible immigration consequences to your satisfaction, you are hereby advised that you should consult with an immigration attorney. The court will allow you and your lawyer additional time to consider the appropriateness of the plea. The determination ofimmigration issues or whether one has the right to remain in the United States is not made in this court, but rather in appropriate federalimmigration proceedings and the outcome of federal immigration proceedings can be affected by what you do in this criminal proceeding.

7. Deferred Adjudication: If the Court grants you deferred adjudication community supervision, you could be arrested and detained if youviolate any condition of your probation. You will then be entitled to a hearing without a jury limited to the determination by the Court of whetherto proceed with an adjudication of guilt on the original charge. Upon adjudication of your guilt, the Court may assess your punishment at anylength of time and any fine within the range of punishment allowed by law. Be further advised that under federal immigration law, a deferredadjudication sentence pursuant to Texas law is considered a conviction.

8. Misdemeanor involving family violence, as defined by Section 71.004. Family Code: If you are convicted of a misdemeanoroffense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved inanother, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, orammunition, pursuant to federal law under Title 18 U.S.C. section 922(g)(9) and/or Section 46.04(b), Texas Penal Code. If you have anyquestions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.

9. Conditions of Community Supervision: The judge may impose any reasonable condition of community supervision beyond thoseconditions expressly stated in the plea agreement. The judge may also amend or modify the conditions of supervision at any time during theperiod of supervision.

10. Driver’s License Suspension and Surcharge: The Transportation Code provides that the Department of Public Safety may suspenda driver’s license and require payment of surcharges for certain offenses, including Driving While Intoxicated, driving with an invalid, suspended,or no license, possession of certain controlled substances, possession of marijuana, and others.

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II. VOLUNTARY STATEMENTS: NOW COMES the Defendant in open court in the above styled and numbered cause and after consulting with my attorney, I make the following voluntary statements:

1. I was sane at the time of the offense, and am presently competent to stand trial. 2. I understand the nature of the charge(s) against me, and the plea agreement, if any. 3. I understand the admonishments set out in this document and I am aware of the consequences of my plea of

guilty or my plea of no contest. III. WAIVERS:

After consulting with my attorney, I freely, knowingly, and voluntarily waive the following rights: 1. Reading of the indictment or information. 2. Service of the indictment or information; the waiting period for arraignment; arraignment; the right to

file motions or pleadings; the time to respond to the amended information; and the ten day waiting

period for my court appointed attorney to prepare for trial.

3. The right to trial by jury, and request the consent and approval of the Court and the attorney for the State to such waiver.

4. The right to confront and cross-examine the witnesses against me and any objection to the introduction of evidence by

stipulation, judicial confession, live testimony, affidavits, written statements of witnesses, or any other documentary evidence sufficient to establish my guilt.

5. The right to subpoena witnesses to testify for myself.

6. The right to remain silent/not to incriminate myself.

IV. FOR DEFENDANTS WHO DO NOT READ AND WRITE THE ENGLISH LANGUAGE: Please sign here along with attorney:

I understand the ______________________ language. This entire document was read to me and fully explained to me in that language by my attorney with translation by an interpreter, namely: ____________________________________________

___________________________________ DEFENDANT

The Defendant does not adequately read the English language. I have read this document to the Defendant in _______________ with translation by _______________________________ and he/she understands the explanation of this document.

____________________________________ ATTORNEY FOR THE DEFENDANT

I attest that I accurately translated between Defendant and counsel for defendant. I (am) (am not) an official interpreter approved by the court. ______________________________________ INTERPRETER

V. DEFENDANT’S PLEA OF GUILTY/NO CONTEST:

I further understand the admonitions of the Court and understand the consequences of my plea. My attorney has read and reviewed this entire document with me and I have had the opportunity to ask any and all questions I have and have received answers to my satisfaction. I voluntarily enter my plea of GUILTY/NO CONTEST (circle one) to the above stated offense. My plea is entered freely and voluntarily, and without any coercion, duress or promise of benefit other than that stated in the plea agreement. I am satisfied that I have been effectively represented. I understand if an appeal is made, written Notice of Appeal must be filed within 30 days of the sentencing date

____________________________________________ DEFENDANT

I hereby join, consent to and approve of the waiver of jury trial and this plea. I have consulted with the defendant, advised the defendant of his/her rights, believe the defendant to be mentally competent and further that the defendant understands the admonishments and is aware of the consequences of the plea, and approve his/her signing of this plea of guilty or no contest, admonishments, waiver of a jury, and stipulations.

___________________________________________ ATTORNEY FOR THE DEFENDANT

Before the entry of the defendant’s plea of guilty or no contest herein, the above requests, waivers and stipulations are hereby consented to and approved by me, the attorney representing the State. ___________________________________________ ATTORNEY FOR THE STATE

It appearing to the Court that the defendant is mentally competent and is represented by competent counsel and that said defendant understands the nature of the charge against him/her and that he/she has been warned of and understands the consequences of a plea of guilty or no contest, including the minimum and maximum punishment provided by law, that the attorneys for the Defendant and the State consent to and approve the waiver of a trial by jury and stipulations in this case, the Court therefore finds such plea of guilty or no contest, waiver, admonishments and consent to be freely and voluntarily made and accepts the plea of guilty or no contest and approves the waiver of a jury and stipulations herein.

_________________________ ___________________________________________ Date JUDGE PRESIDING 

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CAUSE NO: C-1-CR_____________________

THE STATE OF TEXAS OFFENSE DATE: IN THE COUNTY COURT

VS: § AT LAW NO. ______ OF § TRAVIS COUNTY, TEXAS

________________________ § DEGREE:______________

JUDGMENT OF COMMUNITY SUPERVISION DRIVING WHILE INTOXICATED

On the ________ day of ____________________, 20_____, this cause was called for trial. The Travis County Attorney, the above named Defendant, and the Defendant’s attorney, ______________________, appeared and announced

ready for trial. The defendant was arraigned and entered a plea of guilty, not guilty, nolo contendere to the charge Set forth below and waived trial by jury. The Court admonished the Defendant as required, heard the Defendant’s plea and all evidence admitted thereon, and found the Defendant guilty of the offense set forth below.

On the ________day of ____________________, 20______, the Court further found that the ends of justice and the best interests of the public as well as the Defendant will be served by suspending the imposition of the sentence and placing the Defendant on supervision as herein provided.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Defendant be and is hereby found guilty of the offense of Driving While Intoxicated, and that this is the ________ conviction of this Defendant, as defined by law which may be considered by this Court ion assessing the punishment, which is hereby assessed at confinement in the Travis County Jail for a period of __________________ and a fine of $___________ together with all costs of Court incurred in this cause.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the imposition of the foregoing sentence be suspended that the Defendant be placed on supervision for a period of ________________ from this date, that the $__________ of the foregoing fine be probated; and that the Community Supervision granted herein be on the terms and conditions that you, the Defendant shall:

(1) Commit no offense against the laws of this or any State or of the United States.(2) Avoid injurious or vicious habits.(3) Avoid the use of all narcotics, habit forming drugs, alcoholic beverages, and controlled substances.(4) Avoid persons or places of disreputable or harmful character.(5) Report to the supervision officer as directed by the judge or the supervision officer or by mail if deported and obey all

orders of the Court and the rules and regulations of the Community Supervision and Corrections Department.(6) Refrain from disorderly conduct, abusive language, or disturbing the peace while present at the office of the

Department.(7) Permit the Supervision Officer to visit you at your home or elsewhere.(8) Work faithfully at suitable employment as far as possible.(9) Do not change residence without permission and report changes of employment so supervision officer as directed.(10) Remain within ________ (Travis County [or another county] or State of Texas) unless given permission to depart by

the Supervision Officer.(11) While on community supervision, you must have on your person at all times a current, valid Texas Department of

Public Safety photo identification card or a valid Texas Department of Public Safety photo driver’s license. You mustobtain this photo identification within thirty (30) days of the date of your community supervision.

(12) Support your dependents.(13) Submit a urine or breath specimen at the direction of the Supervision Officer and pay all costs if required.(14) Pay to and through the Centralized Collections of the Travis County Tax Office, in one lump sum or if installments,

as set forth in the collection schedule, the following:(a) Court Costs $__________(b) Fine $__________ (c) Attorney Fees $__________

Pay to and through the Community Supervision and Corrections Department of Travis County, Texas in one lump sum or in installments, as set forth in the collection schedule, the following:

(d) Supervision Monthly Reimbursement Fee of $60.00(e) Restitution $______________________ to ___________________________________________(f) ______________________________________________________________________________

All special conditions and court-ordered fees must be paid in full and completed 60 days prior to discharge. If your case Is transferred to another state, supervision monthly reimbursement fees are to be waived beginning on the date of acceptance of the receiving state and will be reinstated upon rejection of supervision by the receiving state or return of supervision to Texas. (15) Do not operate a motor vehicle without a valid Texas Driver’s License and proof of automobile liability insurance.(16) Surrender your driver’s license for a term of ______________________________________________________

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NAME:______________________________________ CAUSE NO C-1-CR__________________________

ADDITIONAL CONDITIONS OF COMMUNITY SUPERVISION

(17) Participate in, and comply with the rules of the following program(s):

a. ________Electronic Monitoring/GPS__________________________________________________

b. ________SCRAM for ______________________________________________________________

c. ________Ignition Interlock and follow Ignition Interlock Additional Conditions of Community Supervision

d. ________Other___________________________________________________________________

(18) Complete ________ hours of Community Service Restitution at a place approved and designated by the CommunitySupervision and Corrections Department.

(19) Report to, cooperate with, and participate in all programs (until successfully discharged), and pay all costs for thefollowing classes and services:

Assessments:

a. _________CSCD Diagnostic

b. _________Drug and Alcohol at CSTAP

c. _________Family Violence at CES

d. _________Mental Health at Integral Care

e. _________Drug and Alcohol at CESClasses:

f. _________Anger Management Program

g. _________BIPP

h. _________Certified Drug Education Class (15 hours) for driver’s license reinstatement

i. _________Drunk Driving Panel

j. _________DWI Offender Certified Education Class (12 hrs) and submit proof to DPS within 181st day after this date to prevent driver’s license suspension or the refusal of DPS to issue you a license as provided by law.

k. _________DWI Offender Certified Intervention Program (30 hrs) and submit proof to DPS for driver’s license reinstatement.

l. _________Other as determined by the Supervising Officer

m. ________________________________________________________________________________

(20) Report to the supervision office for an evaluation for the following programs or services and follow therecommendations and pay costs as incurred while in the program:

a. _________CSCD Counseling Center

b. _________Counseling/Treatment designated by the Supervision Officer

c. __________In-Patient Treatment Program at ___________________________or comparable treatment program recommended by CSTAP and complete aftercare as recommended by the Treatment Provider.

d. __________Out-Patient Treatment Program at __________________________or comparable treatment program recommended by CSTAP and complete aftercare as recommended by the Treatment Provider.

e. __________Relapse Prevention Program

f. __________SMART Residential Program

g. ___________________________________________________________________________________(21) Assigned to the following specialized unit until the level of supervision is changed by the court and/or Supervision

Officer and follow the department guidelines for the caseload:a. _________Mental Health Unit; participate in assessment for services through Integral Care or designated

treatment provider and follow recommendations; do not participate in clinical drug studies, sign all necessary releases and take all medications as prescribed.

b. _________Sex Offender Unit and follow Sex Offender Additional Conditions of Community Supervision

c. _________Other Specialized Caseload

(22) Register with and remain registered with the Travis County Domestic Relations Office, if ordered by the Court and/oryour Community Supervision Officer.

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NAME:______________________________________ CAUSE NO C-1-CR__________________________

ADDITIONAL CONDITIONS OF COMMUNITY SUPERVISION

_________(23) Serve ____________ days in the Travis County Jail, on or before _______________; / . _________(24) Do not open or maintain a checking account until approved, in writing by the Court and/or your Supervision Officer. _________(25) Have no contact with ___________________________, either in writing, in person, by phone, Electronically or through third parties and stay 200 yards from where they live, work, or any place they may be. _________(26) Show proof of high school diploma within ninety (90) days or obtain GED within _______year(s). _________(27) Have no contact with gangs or gang members during term of community supervision. _________(28) Pursuant to Texas Government Code Sec: 411.072 case could be applicable. _________(29) ____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_________(30) ____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

You are hereby advised that under the law of this State, the Court shall determine the terms and conditions of your community supervision, and may at any time during the period of community supervision, alter or modify the conditions of your community supervision. The Court also has the authority at any time during the period of your community supervision to revoke your community supervision for violation of any of the conditions set out above. _________________________ _________________________________________ Date of Sentence Judge Presiding ___________________________ Community Supervision Officer

Defendant’s Receipt

Receipt is hereby acknowledged on the date of entry thereof, of one copy of the above order. _________________________________

Right Thumb Defendant Signature

________The Court makes a finding of family violence which occurred against

________________________________________________________________

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CAUSE NO. _______________________

THE STATE OF TEXAS

VS. §

§

§

__________________________

IN THE __________________

COUNTY COURT

OF TRAVIS COUNTY, TEXAS

OFFENSE____________________

IGNITION INTERLOCK ADDITIONAL CONDITIONS OF COMMUNITY SUPERVISION

You are ordered to install an ignition interlock system on your personal motor vehicle before the 30th day (____________)

after the sentencing date. If you are in custody or a long term inpatient treatment program 30 days after your sentencing

date, you must install ignition interlock before the 30th day after release from custody or treatment. You will participate in

this program for _________ months as a condition of Community Supervision. You may choose any of the agencies

listed on the Ignition Installation form provided at Intake in order to install and maintain the system. Unless authorized by

the Court, you may not change to a different system once the installation has been completed. YOU MUST CALL ONE

OF THE AGENCIES WITHIN 48 HOURS TO SCHEDULE YOUR INITIAL APPOINTMENT.

1. Effective immediately, unless otherwise specified by the Court, you may only operate a vehicle equipped with an

ignition interlock system.

The only exception to this is when a defendant operates a vehicle for their employer and the employer is notified

in writing of the defendant’s requirement to have an ignition interlock device on their personal vehicle as allowed

by Texas Statute 42.12. Article 42.12of the Texas Code of Criminal Procedure provides that, “..if a defendant is

required to operate a motor vehicle in the course and scope of the defendant’s employment and if the vehicle is

owned by the employer, the defendant may operate that vehicle without installation of an approved ignition

interlock device if the employer has been notified of that driving privilege restriction and if proof of that

notification is with the vehicle. This employment exemption does not apply, however, if the business entity that

owns the vehicle is owned or controlled by the defendant whose driving privilege has been restricted.” (YOU

MUST PROVIDE A COPY OF THE NOTIFICATION YOUR EMPLOYER PLACES IN THE VEHICLE TO

YOUR PROBATION OFFICER)

2. Do not attempt to adjust, tamper with, alter or circumvent the ignition interlock system installed, the electrical

wiring to the unit, or the ignition system.

3. Do not remove, or attempt to remove the ignition interlock system from the vehicle.

4. Do not allow any other individual to access the ignition interlock system. Exceptions must be approved by the

Supervision Officer.

5. Calibration and maintenance of the ignition interlock system must be performed in accordance with each agency’s

conditions.

6. Abide by all rules of the agency providing the ignition interlock system.

7. Ignition Interlock System must include the camera component.

8. Additional Conditions:_________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Entered this ______ day of ________________________, 20______.

_________________________________________

Judge Presiding

___________________________________________

Defendant’s Signature

If not driving, install a Portable Alcohol Monitor (PAM) and abide by all rules of the agency providing

PAM.

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Cause #________________ Defendant Name ________________

S.W.A.P. Sheriff’s Weekender Alternative Program (512-854-4186)

Inmate Check-in Procedure

1. You must call 512-854-4186 at least two weeks before scheduled report date to ensure we have the necessary

paperwork and to schedule an appointment for your intake processing.

2. Once you have an appointment, you report, on that day and time, to Building #250 at the Travis County Correctional Complex, 3614 Bill Price Rd., Del Valle, TX 78617. Bring a valid government issued photo ID to your processing appointment. DO NOT BRING CELL PHONES, WEAPONS OR PROHIBITED ITEMS INTO THE FACILITY.

3. During your processing appointment you will be given the specific date, time and location, where you are required to report to serve your SWAP sentence. Other rules and regulations will also be provided.

4. Spanish speakers will need to bring an interpreter with a valid government photo ID (18 yrs +) who can read and

write in English to review all rules, guidelines and legal waivers of the program the day of their appointment.

Program Description

Weekend work detail assignments include, but are not limited to physical labor such as the following: • Travis County Correctional Complex Garden • Vehicle Washing • Building grounds clean-up and maintenance • General clean-up and maintenance

• Visitation Entry and Parking lot clean-up • Building entry/exterior clean-up and maintenance • Power-washing sidewalks, buildings, etc. • Ditch/Drainage cleaning

***Warning-Read Carefully***

You must be physically fit, in good health and fully capable of safely performing physical labor such as that listed above to participate in this program. Failure to appear or complete your S.W.A.P. sentence will result in a straight time jail sentence and a Warrant of Arrest will be issued.

You must report every Saturday and Sunday until your sentence is complete beginning ____________.

• For absences due to medical reasons, you must present medical documentation from a doctor within 24 hours (512-854-5313 fax) or paper work will be filed with the Court, to have you removed from S.W.A.P.

• If you are late and not allowed to work, it is a “Failure To Report” and paper work will be filed with the Court, to have you removed from the S.W.A.P.

• It is your responsibility to arrange for reliable transportation.

I hereby certify that I have read the information set out above concerning S.W.A.P. and I agree to each of the conditions and requirements. I further state that, to the best of my knowledge, I have no medical condition, mental or physical or other injury or ailment which would prevent me from fully participating in the program and performing all physical labor required.

Signature: ____________________________Date:____________ Address: ____________________________________________

_____________________________________________ Phone#: ________________________________

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NO. C1CR-___ _________THE STATE OF TEXAS IN THE COUNTY COURT AT LAW

VS NUMBER _______

_________________________ TRAVIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL

I, __________________________________, Judge of the above Trial Court, certify this criminal case:

____ is not a plea-bargain case, and the defendant has the right of appeal.

____ is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal.

____ is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal.

____ is a plea-bargain case, and the defendant has NO right of appeal.

____ the defendant has waived the right of appeal.

____ the notice of appeal was not timely filed, and the defendant has NO right of appeal.

SIGNED This ____ Day of ____________, 20__.

_____________________________PRESIDING JUDGE

I understand that an appeal is perfected by timely filing a sufficient notice of appeal in writing and filed with the trial court clerk. I also understand the notice of appeal must be filed:

(1) within 30 days after the day sentence is imposed or suspended in open court, or after theday the trial court enters an appealable order; or

(2) within 90 days after the day sentence is imposed or suspended in open court if thedefendant timely files a motion for new trial

I ____________________________, DEFENDANT in the above styled and numbered cause, have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the Court of Appeal’s judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the Court of Appeals. Tex. R. App. P. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in address at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review.

______________________________ DEFENDANT Mailing address:

Telephone #: Fax #:

______________________________ ATTORNEY FOR DEFENDANT (trial)mailing address:

telephone #: fax #: State Bar Card #

GIVE COPY TO DEFENDANT

__________________________________________________________

________________________________________________

_ _ _

Page 13: WAIVER OF PERSONAL APPEARANCE TO ENTER PLEA AND …...plea and sentencing and the consequences of entering a plea of guilty or nolo contendere and join ... of Appearance for Sentencing”

CAUSE NO. __________________________

THE STATE OF TEXAS § In County Court at Law§

VS. § No. ______§

_______________________________ § Travis County, TexasDefendant §

NOTIFICATION PURSUANT TO T.C.C.P. 38.50

Before the Court is Defendant’s criminal case for an offense under Chapter 49 of the Texas Penal Code. As part of the investigation for this case, law enforcement may have collected toxicological evidence. Pursuant to Article 38.50 of the Texas Code of Criminal Procedure, the Court hereby gives notice to the Defendant and the law enforcement agency, prosecutor’s office, or crime laboratory that has stored the toxicological evidence of the applicable length of time to retain and preserve the toxicological specimen in this case.

The toxicological specimen may be destroyed on or after the disposition of the charges for the reasons indicated below and meet all statutory requirements listed in CCP 38.50.

-No indictment or information has been presented within two years of the date of offense;-Defendant has been acquitted;-Case was dismissed with prejudice;-Conclusion of Defendant’s sentence or term of community supervision-Case was dismissed and refiled-Case was dismissed pending further investigation-Defendant completed Deferred Prosecution Agreement

The Court hereby ORDERS that the County Clerk of Travis County serve notice of this order on the Defendant and law enforcement agency holding the toxicological evidence.

SIGNED this ______ day of _________________, 20_____.

__________________________________ ____________________________________ DEFENDANT PRESIDING JUDGE

____________________________________ ATTORNEY FOR DEFENDANT