Monday, May 6, 2013

APPEAL BOND




Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §           __________________ COUNTY, TEXAS

                         


APPEAL BOND


I, _________________________________, hereafter known as Defendant, hereby declare as required under the Texas Government Code Section 30.00015 that Defendant was convicted on _________________ ____, 201__ in a trial by _________________, concerning the above cause number. Defendant timely filed a Motion for a New Trial and the presiding judge denied the motion on _________________ ____, 201__. Defendant timely filed a Notice to Appeal and Defendant timely filed this Appeal Bond within 10 days of the court’s denial of Defendant’s Motion for a New Trial. Defendant hereby declares that Defendant will pay ______.____, by the direction of the court, if Defendant fails to be immediately available on a daily basis as to personally appear in court, as required.

Respectfully submitted by:


_________________________________
                                                                                     


CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via certified mail, return receipt requested, hand delivery or fax on this ______  day of ________________________, 201__.

____________________________________
____________________________________
____________________________________




_________________________________

                                                                                     


INSTRUCTIONS

This document was created for a municipal court of record. Nothing in the law requires anyone to put up a surety or cash money to be allowed to appeal from a Class C Misdemeanor conviction, until the appeal court confirms the conviction. The Counties and Municipalities make a lot of money off the interest from cash bond money. The average appeal will take a year to get through and that is just another year’s interest that goes into the entity’s coffer. Use this on any municipal court. If they will not allow the appeal bond, because they are not a court of record, could be reason to file suit, that you were discriminated against and had money extorted, because they would not abide by the law.
Remember that a Bond is only a piece of paper where to promise to pay, if the appeal court agrees with the inferior court. Bail money is only required to stay out of jail. Class C Misdemeanors penalties do not include jail time, so bail money is not required by law.
This document is filed at least 10 days after the court denies your Motion for a New Trial.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper and Lower Caps.
Line 7: Put the numbered day of the Month that you were found guilty.
Line 8: Put the name of the Month that you were found guilty.
Line 9: Put the last number of the year that you were found guilty – like - 2001 .
Line 10: Put the name of the Judge – like “Judge Bill Smith”.
Line 11: Put the numbered day of the Month that you were denied a new trial.
Line 12: Put the name of the Month that you were denied a new trial.
Line 13: Put the last number of the year that you were denied a new trial – like - 2001 .
Line 14: This is where you put the amount that the judge determined that you be liable for when you appeal. Do not put the ‘$’ sign, just the amount – like – ‘250.00’.
Line 15: Sign your name, then below print your name in Upper and Lower Caps then below that print your address.
Line 16: Put the numbered day of the Month that you serve a copy of this document to the court clerk.
Line 17: Put the name of the Month that you serve a copy of this document to the court clerk.
Line 18: Put the last number of the year that you serve a copy of this document to the court clerk. – like - 2013 .
Line 19: Put “ Clerk for (Whatever Court)
Line 20: Put the street address where the court clerk will be served.
Line 21: Put the City, State and Zipcode where the court clerk will be served.
Line 22: Sign your name, then below print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

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