Preview
Electronically Filed
6/11/2021 9:54 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2268-21-E
CAUSE NO. __________
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § ____ JUDICIAL DISTRICT
§
FEDERICO MELENDEZ, JR. §
D.O.B.: 04/07/1984 § HIDALGO COUNTY, TEXAS
APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL
REDUCTION AND APPLICATION FOR WRIT OF HABEAS CORPUS
SEEKING RELEASE FOR LACK OF PROBABLE CAUSE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes FEDERICO MELENDEZ, JR., Defendant, by and through attorney
of record, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction,
and for good cause shows the following:
1. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $65,000.00 set by the McAllen Municipal Court
Cause No. 2021-97737. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS
PG 1 >=4G<200G.
2. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $65,000.00 set by the McAllen Municipal Court
Cause No. 2021-97735. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS
PG 1 >=4G<200G.
3. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $40,000.00 set by the McAllen Municipal Court
Cause No. 2021-97738. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS
PG 1 >=4G<200G.
4. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $20,000.00 set by the McAllen Municipal Court
Cause No. 2021-97732. FEDERICO MELENDEZ, JR. is charged with UNL POSS
FIREARM BY FELON.
Electronically Filed
6/11/2021 9:54 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2268-21-E
5. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $4,000.00 set by the McAllen Municipal Court
Cause No. 2021-97733. FEDERICO MELENDEZ, JR. is charged with ASSAULT
CAUSES BODILY INJURY FAMILY MEMBER.
6. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $4,000.00 set by the McAllen Municipal Court
Cause No. 2021-97734. FEDERICO MELENDEZ, JR. is charged with DISCHARGE
FIREARM IN CERTAIN MUNICIPALITIES.
7. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg,
Texas in lieu of a bond in the amount of $3,000.00 set by the McAllen Municipal Court
Cause No. 2021-97736. FEDERICO MELENDEZ, JR. is charged with RESIST
ARREST SEARCH OR TRANSPORT.
8. FEDERICO MELENDEZ, JR.'s confinement and restraint is illegal
because bond is excessive, oppressive and beyond the financial means of FEDERICO
MELENDEZ, JR., in violation of the Eighth and Fourteenth Amendments to the United
States Constitution, Article I, §§ 11, 13 and 19 of the Texas Constitution, and Articles
1.09 and 17.15 of the Texas Code of Criminal Procedure.
9. FEDERICO MELENDEZ, JR. respectfully requests this Court to conduct
an evidentiary hearing and, after receiving evidence, to reduce the amount of bond to a
reasonable amount in order that FEDERICO MELENDEZ, JR. will have an opportunity
to obtain release from incarceration pending trial.
APPLICATION FOR WRIT OF HABEAS CORPUS
SEEKING RELEASE FOR LACK OF PROBABLE CAUSE
1. FEDERICO MELENDEZ, JR. is illegally confined and restrained of
liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail, Hidalgo
County, Texas, charged with the offense of with MAN DEL CS PG 1 >=4G<200G,
MAN DEL CS PG 1 >=4G<200G, MAN DEL CS PG 1 >=4G<200G, UNL POSS
FIREARM BY FELON, ASSAULT CAUSES BODILY INJURY FAMILY
MEMBER, DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES and
RESIST ARREST SEARCH OR TRANSPORT.
2. FEDERICO MELENDEZ, JR.'s detention is illegal because confinement
and restraint without probable cause is a violation of the Fourth and Fourteenth
Amendments to the United States Constitution, and Article I, § 9 of the Texas
Constitution.
Electronically Filed
6/11/2021 9:54 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2268-21-E
3. FEDERICO MELENDEZ, JR. respectfully requests this Court to grant an
evidentiary hearing and, after receiving evidence, to release FEDERICO MELENDEZ,
JR. from unlawful incarceration, based on the absence of probable cause.
WHEREFORE, PREMISES CONSIDERED, FEDERICO MELENDEZ, JR.
prays that the Court grant and issue a Writ of Habeas Corpus to the Sheriff of Hidalgo
County of Hidalgo County, Texas, directing and commanding production of FEDERICO
MELENDEZ, JR. before this court instanter, or at such time and place to be designated
by this Court, then and there to show cause, if any there be, why FEDERICO
MELENDEZ, JR. should not be discharged from such illegal confinement; or that
FEDERICO MELENDEZ, JR. be allowed bail in a reasonable amount. FEDERICO
MELENDEZ, JR. further prays that immediate bail be allowed in a reasonable amount,
conditioned that FEDERICO MELENDEZ, JR. appear at the hearing to await further
orders of the Court.
Respectfully submitted,
LAW OFFICE OF
RUBIO O. SALINAS, JR.
310 W. University Dr.
Edinburg, Texas 78539
(956) 381-4441 tel
(956) 381-5005 fax
rubiosalinasatty@gmail.com
By:
RUBIO O. SALINAS, JR.
State Bar No. 17536400
Attorney for FEDERICO MELENDEZ,
JR.
CERTIFICATE OF SERVICE
This is to certify that on June 11, 2021 a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Hidalgo County, 100
N. Closner, Edinburg, Texas 78539, by hand delivery.
RUBIO O. SALINAS, JR.
Preview
Electronically Filed 6/11/2021 9:54 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2268-21-E CAUSE NO. __________ STATE OF TEXAS § IN THE DISTRICT COURT § vs. § ____ JUDICIAL DISTRICT § FEDERICO MELENDEZ, JR. § D.O.B.: 04/07/1984 § HIDALGO COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION AND APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING RELEASE FOR LACK OF PROBABLE CAUSE TO THE HONORABLE JUDGE OF SAID COURT: Now comes FEDERICO MELENDEZ, JR., Defendant, by and through attorney of record, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction, and for good cause shows the following: 1. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $65,000.00 set by the McAllen Municipal Court Cause No. 2021-97737. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS PG 1 >=4G<200G. 2. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $65,000.00 set by the McAllen Municipal Court Cause No. 2021-97735. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS PG 1 >=4G<200G. 3. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $40,000.00 set by the McAllen Municipal Court Cause No. 2021-97738. FEDERICO MELENDEZ, JR. is charged with MAN DEL CS PG 1 >=4G<200G. 4. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $20,000.00 set by the McAllen Municipal Court Cause No. 2021-97732. FEDERICO MELENDEZ, JR. is charged with UNL POSS FIREARM BY FELON. Electronically Filed 6/11/2021 9:54 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2268-21-E 5. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $4,000.00 set by the McAllen Municipal Court Cause No. 2021-97733. FEDERICO MELENDEZ, JR. is charged with ASSAULT CAUSES BODILY INJURY FAMILY MEMBER. 6. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $4,000.00 set by the McAllen Municipal Court Cause No. 2021-97734. FEDERICO MELENDEZ, JR. is charged with DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES. 7. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $3,000.00 set by the McAllen Municipal Court Cause No. 2021-97736. FEDERICO MELENDEZ, JR. is charged with RESIST ARREST SEARCH OR TRANSPORT. 8. FEDERICO MELENDEZ, JR.'s confinement and restraint is illegal because bond is excessive, oppressive and beyond the financial means of FEDERICO MELENDEZ, JR., in violation of the Eighth and Fourteenth Amendments to the United States Constitution, Article I, §§ 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and 17.15 of the Texas Code of Criminal Procedure. 9. FEDERICO MELENDEZ, JR. respectfully requests this Court to conduct an evidentiary hearing and, after receiving evidence, to reduce the amount of bond to a reasonable amount in order that FEDERICO MELENDEZ, JR. will have an opportunity to obtain release from incarceration pending trial. APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING RELEASE FOR LACK OF PROBABLE CAUSE 1. FEDERICO MELENDEZ, JR. is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail, Hidalgo County, Texas, charged with the offense of with MAN DEL CS PG 1 >=4G<200G, MAN DEL CS PG 1 >=4G<200G, MAN DEL CS PG 1 >=4G<200G, UNL POSS FIREARM BY FELON, ASSAULT CAUSES BODILY INJURY FAMILY MEMBER, DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES and RESIST ARREST SEARCH OR TRANSPORT. 2. FEDERICO MELENDEZ, JR.'s detention is illegal because confinement and restraint without probable cause is a violation of the Fourth and Fourteenth Amendments to the United States Constitution, and Article I, § 9 of the Texas Constitution. Electronically Filed 6/11/2021 9:54 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2268-21-E 3. FEDERICO MELENDEZ, JR. respectfully requests this Court to grant an evidentiary hearing and, after receiving evidence, to release FEDERICO MELENDEZ, JR. from unlawful incarceration, based on the absence of probable cause. WHEREFORE, PREMISES CONSIDERED, FEDERICO MELENDEZ, JR. prays that the Court grant and issue a Writ of Habeas Corpus to the Sheriff of Hidalgo County of Hidalgo County, Texas, directing and commanding production of FEDERICO MELENDEZ, JR. before this court instanter, or at such time and place to be designated by this Court, then and there to show cause, if any there be, why FEDERICO MELENDEZ, JR. should not be discharged from such illegal confinement; or that FEDERICO MELENDEZ, JR. be allowed bail in a reasonable amount. FEDERICO MELENDEZ, JR. further prays that immediate bail be allowed in a reasonable amount, conditioned that FEDERICO MELENDEZ, JR. appear at the hearing to await further orders of the Court. Respectfully submitted, LAW OFFICE OF RUBIO O. SALINAS, JR. 310 W. University Dr. Edinburg, Texas 78539 (956) 381-4441 tel (956) 381-5005 fax rubiosalinasatty@gmail.com By: RUBIO O. SALINAS, JR. State Bar No. 17536400 Attorney for FEDERICO MELENDEZ, JR. CERTIFICATE OF SERVICE This is to certify that on June 11, 2021 a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Hidalgo County, 100 N. Closner, Edinburg, Texas 78539, by hand delivery. RUBIO O. SALINAS, JR.