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Judge holds bond forfeiture, pauses capias to allow Salvation Army residency proof in theft case
Summary
A judge in the 24 CCR docket ordered a bond forfeiture but held the capias and gave defense one week to provide documentation that the defendant was staying at the Salvation Army men’s service center; the prosecutor said the state would review any submitted paperwork.
A judge in the 24 CCR docket ordered a bond forfeiture but said the court would hold the capias and give the defense one week to provide documentation that the defendant was staying at the Salvation Army men’s service center, the court record shows. The judge set a return date of 9 a.m. on the twelfth.
The matter arose after defense counsel explained the defendant is homeless and has been staying at the Salvation Army men’s service center and the Houston Recovery Center earlier this year. Defense counsel said the shelter does not allow residents to keep cellphones and asked the state to consider dismissing the charge — a theft allegation involving food — if the defense could provide proof of the defendant’s stay.
The court’s order matters because a bond forfeiture would normally lead to the issuance of a capias; the judge instead paused issuance to allow the parties time to try to reach an agreement. “Let me do this. I’ll do a bond forfeiture, but I’ll hold the capias. I’ll give you some time a week to get together all the information, provided to the state, see if y’all can come to some sort of agreement,” the judge said.
The prosecutor told the court the state was willing to hear the defense’s documentation but noted this was the first time the state had been informed of the shelter residency. “As far as right as today, we’d be ready to move forward on a bond forfeiture, but [we’re] still willing to hear out what [defense counsel] is talking about,” the prosecutor said.
Defense counsel said the defendant at one point had been at the Houston Recovery Center and has been at the Salvation Army’s men’s service center for about two months. Counsel requested the state consider dismissal given the minimal nature of the items taken and the defendant’s homelessness and said the defendant’s mother would provide documentation to the defense to pass to the state.
The judge set the matter for 9 a.m. on the twelfth and ordered the defense to provide documentation to the state within a week. No final disposition was recorded in the transcript; the court’s action was procedural to allow further review.
Less critical docket items that preceded and followed this matter included several continuances and pretrial settings on unrelated cases.
