On June 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
6/16/2021 3:23 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
CAUSE NO. C-2336-21-J
______________
STATE OF TEXAS § IN THE
§
vs. § ______ DISTRICT OF
§
XAVIER HERNANDEZ LAZO § HIDALGO COUNTY, TEXAS
DOB: 10/15/1989 §
SO# 1077843 §
APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL
REDUCTION AND RELEASE FOR LACK OF PROBABLE CAUSE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes, Attorney for Defendant, XAVIER HERNANDEZ LAZO, and makes this
Application for Writ of Habeas Corpus Seeking Bail Reduction and Release for Lack of Probable
Cause, and for good cause shows the following:
1. XAVIER HERNANDEZ LAZO 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 $5,000.00 cash or surety is charged with POSS CS PG 1 >=4G<200G.
2. XAVIER HERNANDEZ LAZO confinement and restraint is illegal because bond is
excessive, oppressive and beyond the financial means of XAVIER HERNANDEZ LAZO, 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.
3. XAVIER HERNANDEZ LAZO detention is illegal because confinement and restraint
without probable cause is a violation of the Fourth and Fourteenth Amendments to the United
Electronically Filed
6/16/2021 3:23 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-2336-21-J
States Constitution, and Article I, § 9 of the Texas Constitution.
4. XAVIER HERNANDEZ LAZO respectfully requests this Court to conduct an
evidentiary hearing and, after receiving evidence, to release XAVIER HERNANDEZ LAZO from
unlawful incarceration, based on the absence of probable cause.
WHEREFORE, PREMISES CONSIDERED, SERGIO J. SANCHEZ prays that the Court grant and
issue a Writ of Habeas Corpus to the Sheriff of Hidalgo County of, directing and commanding
production of XAVIER HERNANDEZ LAZO before this court instanter, or at such time and place
to be designated by this Court, then and there to show cause, ifany there be, why XAVIER
HERNANDEZ LAZO should not be discharged from such illegal confinement; or that XAVIER
HERNANDEZ LAZO be allowed bail in a reasonable amount. SERGIO J. SANCHEZ further prays
that immediate bail be allowed in a reasonable amount, conditioned that XAVIER HERNANDEZ
LAZO appear at the hearing to await further orders of the Court.
Respectfully submitted,
SANCHEZ LAW FIRM
4842 S. Jackson Rd.
Edinburg, Texas 78539
Telephone No.: (956) 687-7700
Fax No.: (956) 687-7708
By: /s/ Sergio J. Sanchez
SERGIO J. SANCHEZ
State Bar No. 24006617
Electronically Filed
6/16/2021 3:23 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-2336-21-J
CERTIFICATE OF SERVICE
This is to certify that on JUNE 16, 2021, a true and correct copy of the above and foregoing
document was served on the Hidalgo County District Attorney by electronic e-filling.
By: /s/ Sergio J. Sanchez
SERGIO J. SANCHEZ
State Bar No. 24006617
Document Filed Date
June 16, 2021
Case Filing Date
June 16, 2021
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Electronically Filed 6/16/2021 3:23 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla CAUSE NO. C-2336-21-J ______________ STATE OF TEXAS § IN THE § vs. § ______ DISTRICT OF § XAVIER HERNANDEZ LAZO § HIDALGO COUNTY, TEXAS DOB: 10/15/1989 § SO# 1077843 § APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION AND RELEASE FOR LACK OF PROBABLE CAUSE TO THE HONORABLE JUDGE OF SAID COURT: Now comes, Attorney for Defendant, XAVIER HERNANDEZ LAZO, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction and Release for Lack of Probable Cause, and for good cause shows the following: 1. XAVIER HERNANDEZ LAZO 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 $5,000.00 cash or surety is charged with POSS CS PG 1 >=4G<200G. 2. XAVIER HERNANDEZ LAZO confinement and restraint is illegal because bond is excessive, oppressive and beyond the financial means of XAVIER HERNANDEZ LAZO, 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. 3. XAVIER HERNANDEZ LAZO detention is illegal because confinement and restraint without probable cause is a violation of the Fourth and Fourteenth Amendments to the United Electronically Filed 6/16/2021 3:23 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-2336-21-J States Constitution, and Article I, § 9 of the Texas Constitution. 4. XAVIER HERNANDEZ LAZO respectfully requests this Court to conduct an evidentiary hearing and, after receiving evidence, to release XAVIER HERNANDEZ LAZO from unlawful incarceration, based on the absence of probable cause. WHEREFORE, PREMISES CONSIDERED, SERGIO J. SANCHEZ prays that the Court grant and issue a Writ of Habeas Corpus to the Sheriff of Hidalgo County of, directing and commanding production of XAVIER HERNANDEZ LAZO before this court instanter, or at such time and place to be designated by this Court, then and there to show cause, ifany there be, why XAVIER HERNANDEZ LAZO should not be discharged from such illegal confinement; or that XAVIER HERNANDEZ LAZO be allowed bail in a reasonable amount. SERGIO J. SANCHEZ further prays that immediate bail be allowed in a reasonable amount, conditioned that XAVIER HERNANDEZ LAZO appear at the hearing to await further orders of the Court. Respectfully submitted, SANCHEZ LAW FIRM 4842 S. Jackson Rd. Edinburg, Texas 78539 Telephone No.: (956) 687-7700 Fax No.: (956) 687-7708 By: /s/ Sergio J. Sanchez SERGIO J. SANCHEZ State Bar No. 24006617 Electronically Filed 6/16/2021 3:23 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-2336-21-J CERTIFICATE OF SERVICE This is to certify that on JUNE 16, 2021, a true and correct copy of the above and foregoing document was served on the Hidalgo County District Attorney by electronic e-filling. By: /s/ Sergio J. Sanchez SERGIO J. SANCHEZ State Bar No. 24006617