On March 16, 2021 a
Request,Application
was filed
involving a dispute between
The State Of Texas,
and
for Habeas Corpus
in the District Court of Hidalgo County.
Preview
Electronically Filed
3/16/2021 10:38 AM
HmmgoCowflyDSUthbms
Reviewed By: Armando Cantu
C-1 01 9-21 -C
CAUSE NO.
STATE OF TEXAS § IN THE DISTRICT COURT
§
V. § JUDICIAL DISTRICT
§
§
EDUARDO GUAJARDO §
DOB: 09/28/1983 § HIDALGO COUNTY, TEXAS
SO# 467362 §
§
APPLICATION FOR WRIT OF HABEAS CORPUS
EDUARDO GUAJARDO, Defendant, in the above—styled and numbered cause, acting by
and through her attorney, JESUS “JESSE” CONTRERAS, moves this Court to grant a Writ of
Habeas Corpus; and in support of this Application Defendant shows the following:
1. This Application and Motion is made pursuant to Arts. 1.07 and 11.24 of the Texas
Code of Criminal Procedure; Art. I, §§11 and 13 of the Texas Constitution; and the Eighth
Amendment to the United States Constitution.
2. Defendant is unlawfully restrained 0f his liberty by the Hidalgo County Sherriffs
Office out 0f Hidalgo County, Texas.
3. Defendant ischarged With the following offenses 0f
0 POSS CS PG 1 > = 4G<200g charge is set 40,000.00 cash/surety
o TAMPEWFABRICATE PHYS EVID W/INTENT TO IMPAIR charge is
set 50,000.00 cash/surety
4. The restraint of Defendant is illegal because Defendant is entitled t0 a reasonable bond
under the statutory and constitutional provisions set out above.
5. The bond amount currently set in this case is far higher than that normally required 0f
similarly situated Defendants.
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Electronically Filed
3/16/2021 10:38 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1 01 9-21 _C
6. The facts of this case show that the Defendant is not a continuing danger t0 society
and that she Will appear in court as scheduled. Defendant is willing to comply with any
reasonable condition 0f bond imposed by the Court to ensure his presence in Court t0 answer
these charges.
7. Defendant is a U.S. Citizen.
8. The bond amount is set in this case is excessive. Defendant has insufficient fimds
individually and is unable to raise sufficient funds through family and friends, to post either a
cash bond or to pay the professional bondsman premium required for a surety bond in that
amount.
9. The setting 0f bond that is unreachable because 0f its amount istantamount to setting
n0 conditions at all.” United States v. Leathers, 412 F.2d 169, 171 (D.C. Cir. 1969) (per curiam);
United States v. Mantecon—Zayas, 949 F.2d 548, 550 (1st Cir. 1991) (per curiam)
DEFENDANT PRAYS that this Court grant this Application and issue the Writ of
Habeas Corpus and, upon hearing, reduce each charge and set t0 cash surety/PR bond and release
Defendant from the illegal confinement and restraint.
Respectfully submitted,
/s/(gm
Jesus
gym
“Jesse” Contreras
Texas Bar Number: 00793 142
Jesse Contreras Law Firm
5400 S. Jackson Rd.
Edinburg, TX 78539
Ph: (956) 502-5777
Fax: (956) 307-5058
Email: Jessecontreraslaw@gmail.com
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Electronically Filed
3/16/2021 10:38 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C_1 o1 9_21 _C
CERTIFICATE OF SERVICE
I certify that a true and correct copy 0f the above document was served on the Hidalgo
County District Attorney’s office, by email addressed t0 Michelle.Puig@da.co.hidalgo.tx.us 0n
March 15, 202 1.
/s/gm
Jesus
62W
“Jesse” Contreras
Attorney for Defendant
CC:
Jesus Contreras Law Firm
Email: JesseContrerasLaw@gmail.com
Hidalgo County Criminal District Attorney’s Office
Email: Michelle.Puig@da.co.hidalgo.tx.us
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Document Filed Date
March 16, 2021
Case Filing Date
March 16, 2021
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Electronically Filed 3/16/2021 10:38 AM HmmgoCowflyDSUthbms Reviewed By: Armando Cantu C-1 01 9-21 -C CAUSE NO. STATE OF TEXAS § IN THE DISTRICT COURT § V. § JUDICIAL DISTRICT § § EDUARDO GUAJARDO § DOB: 09/28/1983 § HIDALGO COUNTY, TEXAS SO# 467362 § § APPLICATION FOR WRIT OF HABEAS CORPUS EDUARDO GUAJARDO, Defendant, in the above—styled and numbered cause, acting by and through her attorney, JESUS “JESSE” CONTRERAS, moves this Court to grant a Writ of Habeas Corpus; and in support of this Application Defendant shows the following: 1. This Application and Motion is made pursuant to Arts. 1.07 and 11.24 of the Texas Code of Criminal Procedure; Art. I, §§11 and 13 of the Texas Constitution; and the Eighth Amendment to the United States Constitution. 2. Defendant is unlawfully restrained 0f his liberty by the Hidalgo County Sherriffs Office out 0f Hidalgo County, Texas. 3. Defendant ischarged With the following offenses 0f 0 POSS CS PG 1 > = 4G<200g charge is set 40,000.00 cash/surety o TAMPEWFABRICATE PHYS EVID W/INTENT TO IMPAIR charge is set 50,000.00 cash/surety 4. The restraint of Defendant is illegal because Defendant is entitled t0 a reasonable bond under the statutory and constitutional provisions set out above. 5. The bond amount currently set in this case is far higher than that normally required 0f similarly situated Defendants. I|Page Electronically Filed 3/16/2021 10:38 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1 01 9-21 _C 6. The facts of this case show that the Defendant is not a continuing danger t0 society and that she Will appear in court as scheduled. Defendant is willing to comply with any reasonable condition 0f bond imposed by the Court to ensure his presence in Court t0 answer these charges. 7. Defendant is a U.S. Citizen. 8. The bond amount is set in this case is excessive. Defendant has insufficient fimds individually and is unable to raise sufficient funds through family and friends, to post either a cash bond or to pay the professional bondsman premium required for a surety bond in that amount. 9. The setting 0f bond that is unreachable because 0f its amount istantamount to setting n0 conditions at all.” United States v. Leathers, 412 F.2d 169, 171 (D.C. Cir. 1969) (per curiam); United States v. Mantecon—Zayas, 949 F.2d 548, 550 (1st Cir. 1991) (per curiam) DEFENDANT PRAYS that this Court grant this Application and issue the Writ of Habeas Corpus and, upon hearing, reduce each charge and set t0 cash surety/PR bond and release Defendant from the illegal confinement and restraint. Respectfully submitted, /s/(gm Jesus gym “Jesse” Contreras Texas Bar Number: 00793 142 Jesse Contreras Law Firm 5400 S. Jackson Rd. Edinburg, TX 78539 Ph: (956) 502-5777 Fax: (956) 307-5058 Email: Jessecontreraslaw@gmail.com 2|Page Electronically Filed 3/16/2021 10:38 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C_1 o1 9_21 _C CERTIFICATE OF SERVICE I certify that a true and correct copy 0f the above document was served on the Hidalgo County District Attorney’s office, by email addressed t0 Michelle.Puig@da.co.hidalgo.tx.us 0n March 15, 202 1. /s/gm Jesus 62W “Jesse” Contreras Attorney for Defendant CC: Jesus Contreras Law Firm Email: JesseContrerasLaw@gmail.com Hidalgo County Criminal District Attorney’s Office Email: Michelle.Puig@da.co.hidalgo.tx.us 3|Page