Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
NOTICE and DEMAND FOR INFORMATION
I,
_________________________________, a living
man without benefit of counsel, hereinafter known as the Accused, moves
this court to give notice to the prosecutor to bring and file with this court
and to give the Accused a copy thereof , of an information for the above Cause:
1.
The
Accused,
gives notice that the
Accused does not have a copy of an information that was made, based upon the
complaint as stated in Article 2.05 of the Texas Code of Criminal Procedure.
“Art.
2.05. [29] [35] [36] When complaint is made
If the offense be a misdemeanor, the
attorney shall forthwith prepare an information based upon such complaint and
file the same in the court having jurisdiction; …”.(Emph. Added)
2.
The
Accused,
gives notice that the
Accused demand a copy of the information that was made, based upon the
complaint as authorized by Article 25.04 of the Texas Code of Criminal
Procedure.
“Art. 25.04. [490] [554] [543] In misdemeanor
In misdemeanors, it shall not be necessary before trial to furnish
the accused with a copy of the indictment or information; but he or his counsel may demand a copy,
which shall be given as early as possible.” (Emph. Added)
3.
The
Accused,
gives notice that the
Accused reserves his rights pursuit to Article 1.14(b) of the Texas Code of
Criminal Procedure and object to not having the information to object to.
“Art.
1.14. [11] [22] [23] Waiver of rights
(b) If the defendant does not
object to a defect, error, or irregularity of form or substance in an
indictment or information before the date on which the trial on the merits
commences, he waives and forfeits the right to object to the
defect, error, or irregularity and he may not raise the objection on appeal or
in any other postconviction proceeding.” (Emph.
Added)
Respectfully,
_________________________________
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 delivery confirmation, hand delivery or fax on this
______ day of ________________________,
201__.
______________________________________
______________________________________
______________________________________
_________________________________
Cause No(s). _____________________________
The State of Texas § IN THE _________________________ COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
ORDER FOR PROSECUTOR TO FILE INFORMATION
On
this the day of ,
201__, came on to be heard the Accused Notice for Information in the above
entitled and numbered cause, and the court, having heard the said motion, and
the evidence thereon submitted, is of the opinion that said Notice should be
Granted
Denied, Grounds Being
________________________________________________
______________________________________________________________________________
Signed and
entered this day of , 201__.
SEAL
_____________________________
Judge
Presiding
INSTRUCTIONS
This document can be filed as soon as you can get the
Clerk of the Court to give you the Cause Number of your case. You may have to
wait until after the arraignment, but the law states that you should have a
copy of the complaint before arraignment. That does not seem to stop them from proceeding
anyway. If you cannot get it filed 10 days before the arraignment, then it
needs to be filed at least 10 days before the pretrial. If you do not get a
copy of the primary charging instrument, the court should not have subject
matter jurisdiction. This issue can be appealed.
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.
There
is a space for you to put “wo” in front of
‘man’ if need be.
Line
7: Sign your name, print your name in Upper and Lower Caps then below that
print your address.
Line
8: Put the numbered day of the Month that you serve a copy of this document to
the prosecutor.
Line
9: Put the name of the Month that you serve a copy of this document to the
prosecutor.
Line
10: Put the last number of the year that you serve a copy of this document to
the prosecutor. – like - 2013 .
Line 11: Put “ Prosecutor for
(Whatever Court)
Line 12: Put the street address
where the prosecutor will be served.
Line 13: Put the City, State
and Zipcode where the Prosecutor will be served.
Line
14: Sign your name, print your name in Upper and Lower Caps then below that
print your address.
NEW DOCUMENT - ORDER
Line 1: 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”.
Leave
the rest for the Judge to fill out.
Original goes to the
clerk of the court, one copy to the Prosecutor 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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