Library of Motions – Motion In Limine Regarding Application For Probation

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant’s Name) by and through his attorney of record, and moves the Court to instruct the District Attorney’s Office not to mention or refer to in any manner, before the jury or prospective jury panel, the fact that the Defendant has filed “Defendant’s Application for Probation,” until such time as this trial, if it does, enters the punishment phase. In support of this Motion, the Defendant would show the Court as follows:

The Defendant is required as a matter of law to file the application for probation prior to the beginning of trial.

Any reference by the District Attorney, during the voir dire or guilt/innocence stages of this trial, to the fact that the Defendant has filed an application for probation could be construed by the jury as an admission of guilt on the part of the Defendant, and would infringe on the Defendant’s presumption of innocence.

Any references by the District Attorney to the fact that the Defendant has filed an application for probation would be made solely to prejudice the jury against the Defendant on the issue of guilt or innocence.

The District Attorney may still qualify prospective jurors on the entire range of punishment for this offense without mentioning the “Defendant’s Application for Probation.”

The fact that the Defendant has filed an application for probation is not a relevant matter for the jury’s consideration until the punishment phase of this trial.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion in Limine Regarding Application for Probation was forwarded to Mr. Bill HIll, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of ___________, 200___.

ON THIS the _______ day of ______, 200___, came on to be heard the foregoing Motion in Limine Regarding Application for Probation, and same is hereby GRANTED/DENIED, to which action Defendant excepted.