Library of Motions – Defendant’s Motion To Remove Elm As Condition Of Bond

IN THE 291 st CRIMINAL DISTRICT COURT
DALLAS COUNTY, TEXAS

DEFENDANT’S MOTION TO REMOVE ELM AS CONDITION OF BOND

Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. In support of this Motion, the Defendant would like the Court to consider the following items. First, the Defendant does not have a criminal history. Secondly, the Defendant has made every court appearance in connection with both cases. Thirdly, the Defendant is not a danger to the community and the allegations pending against him do not involve crimes of violence. Fourth, the Defendant has tendered his passport to his surety and does not now possess a passport. Fifth, Defendant has ties to the community, as he is engaged to Ms. Holly Putherford. Sixth, the Defendant has complied with all of the conditions of release, including electronic monitoring, for approximately twelve months. Seventh, the Defendant was allowed to remove the monitor during the Christmas season with the permission of the Court and he returned to Dallas to have the monitor reattached without any problems or delay. Eighth, Ms. Janet Ferguson contacted Attorney David Finn approximately one month ago and requested another continuance of the trial setting and Defendant, through Attorney Finn, agreed to the reset. Ninth, allowing Defendant to travel without the monitor will facilitate plea negotiations.

If a hearing is necessary on this Motion, Defendant respectfully requests that the hearing be held as soon as possible. These cases are now set for trial on August 23, 2004.

Dated: May 2, 2006 Respectfully submitted,

DAVID FINN, P.C.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been hand-delivered to all counsel of record, as identified below, on May 2, 2006:

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David Finn

O R D E R

ON THIS the ________ day of , 2004, came on to be heard the foregoing Motion to Remove Electronic Monitoring as a Condition of Bond, and same is hereby GRANTED/DENIED, to which action Defendant excepted.

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JUDGE SUSAN HAWK