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IN D
prrree 8
IN THE DISTRICT COURT OF PITTSBURG count se"!
. OKLA
STATE OF OKLAHOMA 2022 SEP -9 AM 8:50
State of Oklahoma, PAM Sage
Plaintiff, ae
DER
v. CF-22-239
Marco Antonio Vallejo,
Defendant.
Defendant’s Motion for Bond Reduction.
COMES NOW, the Defendant, by and through, assigned counsel, Matthew T. Sheets, of
Sheets Law Firm, and hereby move this Court to grant a bond reduction pursuant to 10A O.S.
§2-5-204 and 22 O.S. $1101. In support of such Motion, the defendant offers the following.
Bond is currently set in the amount of $75,000.00 for the charge of Aggravated
Trafficking.
1. Defendant is a passenger in a vehicle and the allegation is that the contraband was
found hidden in a compartment of the trunk. Defendant had no dominion or control,
and this case will likely have to be dismissed as to Defendant.
2. Marco lives with him mother and extended family helps support children and serves
as both a financial provider as well as a caretaker. The children have just started
school and he is needed to help out.
3. Marco is employed with E&F LLC Builders as a construction contractor.
4. Marco’s connections to Oklahoma include a lifelong family friend.
5. Marco has previously been arrested in Minnesota for driving under revocation, and
has never missed a court date.6. Marco has attempted to post bond, but the amount of bond is so high, that no local
bondsperson will agree to take the bond.
7. Marco Vallejo has a strong financial incentive to return to the jurisdiction and clear
his good name as the State of Oklahoma has filed a forfeiture for more than $2,000.00
cash that Marco had on his person at the time of arrest,
A reasonable bond encourages the employment of private counsel and reduces the burden
upon the taxpayer. Defendant believes that if he were able to return to her current employment,
he may be able to retain private counsel. The U.S. Supreme Court has noted that prolonged
pretrial detention prior to an independent determination of probable cause may unjustly “imperil
a suspect’s job, interrupt her source of income, and impair her family relationships.” See
Gerstein v. Pugh, 20 U.S. 103, 95 S. Ct. 854, 43 L.Ed.2d 54 (1975).
Brill v. Gurich, 1998 OK CR 49, 965 P.2d 404, states the Judges of this State have a
duty and responsibility to apply the law and, further, in these matters they must ensure
bail is not used as a tool of punishment. Because of the constitutional mandate, bail must be set
in a reasonable amount to ensure the presence of an accused at future proceedings. Id. at PS.
Petition of Humphrey, 1979 OK CR 97, 601 P.2d 103, Unless this right to bail before trial is
preserved, the presumption of innocence, secured only after centuries of struggle, would lose its
meaning.
In Clark v. Hall, 2002 OK 29, the court held that Defendant have a due process right to
an individualized determination of bail and that “bail in Oklahoma is not and cannot serve as a
criminal punishment.”WHEREFORE, Defendant, prays that the Court grant a hearing on this motion and grant
a bond reduction in the case listed above to a bond on his own recognizance, or in the alternative,
that the court set a reasonable bond in the amount of his own Tecognizances,
LEX
Matthew T. Sheets, OBA# 30249
Sheets Law Firm, P.C.
321 S. Third St., Suite 12,
McAlester, OK 74501
PH: (918) 558-5580
Fax: (918) 515-7499
Attomey for Defendant
CERTIFICATE OF SERVICE
Thereby certify that on the lay of Sept, 2022, a true, correct and exact copy of the above and
foregoing instrument was hand-delivered, and/or, with Proper postage thereon fully prepaid, was
mailed to:
Matthew T. Sheets
Pittsburg County District Attorney
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IN D prrree 8 IN THE DISTRICT COURT OF PITTSBURG count se"! . OKLA STATE OF OKLAHOMA 2022 SEP -9 AM 8:50 State of Oklahoma, PAM Sage Plaintiff, ae DER v. CF-22-239 Marco Antonio Vallejo, Defendant. Defendant’s Motion for Bond Reduction. COMES NOW, the Defendant, by and through, assigned counsel, Matthew T. Sheets, of Sheets Law Firm, and hereby move this Court to grant a bond reduction pursuant to 10A O.S. §2-5-204 and 22 O.S. $1101. In support of such Motion, the defendant offers the following. Bond is currently set in the amount of $75,000.00 for the charge of Aggravated Trafficking. 1. Defendant is a passenger in a vehicle and the allegation is that the contraband was found hidden in a compartment of the trunk. Defendant had no dominion or control, and this case will likely have to be dismissed as to Defendant. 2. Marco lives with him mother and extended family helps support children and serves as both a financial provider as well as a caretaker. The children have just started school and he is needed to help out. 3. Marco is employed with E&F LLC Builders as a construction contractor. 4. Marco’s connections to Oklahoma include a lifelong family friend. 5. Marco has previously been arrested in Minnesota for driving under revocation, and has never missed a court date.6. Marco has attempted to post bond, but the amount of bond is so high, that no local bondsperson will agree to take the bond. 7. Marco Vallejo has a strong financial incentive to return to the jurisdiction and clear his good name as the State of Oklahoma has filed a forfeiture for more than $2,000.00 cash that Marco had on his person at the time of arrest, A reasonable bond encourages the employment of private counsel and reduces the burden upon the taxpayer. Defendant believes that if he were able to return to her current employment, he may be able to retain private counsel. The U.S. Supreme Court has noted that prolonged pretrial detention prior to an independent determination of probable cause may unjustly “imperil a suspect’s job, interrupt her source of income, and impair her family relationships.” See Gerstein v. Pugh, 20 U.S. 103, 95 S. Ct. 854, 43 L.Ed.2d 54 (1975). Brill v. Gurich, 1998 OK CR 49, 965 P.2d 404, states the Judges of this State have a duty and responsibility to apply the law and, further, in these matters they must ensure bail is not used as a tool of punishment. Because of the constitutional mandate, bail must be set in a reasonable amount to ensure the presence of an accused at future proceedings. Id. at PS. Petition of Humphrey, 1979 OK CR 97, 601 P.2d 103, Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning. In Clark v. Hall, 2002 OK 29, the court held that Defendant have a due process right to an individualized determination of bail and that “bail in Oklahoma is not and cannot serve as a criminal punishment.”WHEREFORE, Defendant, prays that the Court grant a hearing on this motion and grant a bond reduction in the case listed above to a bond on his own recognizance, or in the alternative, that the court set a reasonable bond in the amount of his own Tecognizances, LEX Matthew T. Sheets, OBA# 30249 Sheets Law Firm, P.C. 321 S. Third St., Suite 12, McAlester, OK 74501 PH: (918) 558-5580 Fax: (918) 515-7499 Attomey for Defendant CERTIFICATE OF SERVICE Thereby certify that on the lay of Sept, 2022, a true, correct and exact copy of the above and foregoing instrument was hand-delivered, and/or, with Proper postage thereon fully prepaid, was mailed to: Matthew T. Sheets Pittsburg County District Attorney