Fill - Free fillable EL PASO, TEXAS D.O.B. Defendants (Principals Name) AFFIDAVIT (El Paso County) PDF form

IN THE____________COURT

EL PASO, TEXAS

THE STATE OF TEXAS CAUSE NO.___________________________

BOOKING NO.________________________

VS. OFFENSE:____________________________

D.O.B.

Defendant’s (Principal’s Name)

AFFIDAVIT OF INCARCERATION (Art. 17.16)

TO THE PRESIDING JUDGE OF SAID COURT:

Before me, the undersigned authority, on this day personally appeared __________________________________________

d/b/a_______________________________, who being duly sworn according to law, on oath states:

My name is_________________________________ licensed agent of ________________________________________ (insert

insurance company’s name). I am of sound mind and capable of making this affidavit. I am personally acquainted with the facts stated in

this Affidavit and they are true and correct of my own personal knowledge. I hereby state the following:

Date of Bond_______________ and Bond Amount:$______________________.

The defendant is currently incarcerated in__________________________________________________________.

The defendant was incarcerated on ____________________. The facility contact and phone number ___________________

No nisi is currently pending regarding this bond.

Pursuant to Article 17.16(f) of the Texas Code of Criminal Procedure I acknowledge and certify that a copy of the affidavit of

incarceration was delivered to the office of the prosecuting attorney.________ (Agent’s Initials)

I asked the El Paso County Sheriff’s Office to verify this incarceration.

I acknowledge that 17.16(g) of the Texas Code of Criminal Procedure provides that a surety is liable for all reasonable and necessary

expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending.

X__________________________________________ _______________________________________________

____________________________________________ _______________________________________________

(PRINTED NAME OF LICENSED AGENT) (MAILING ADDRESS AND PHONE NUMBER)

SUBSCRIBED AND SWORN TO BE BEFORE ME by _______________________________, on this the _____ day of

_______________________________, 20____.

______________________________

Notary Public, State of Texas

SHERIFF’S USE ONLY

(CLERK’S SEAL)

Sheriff’s Verification

Received On:

I have verified on __________________ that the above Defendant is:

_______ Incarcerated as Reported

_______ Not Incarcerated

_______ Released on:_______________________ Time:______ AM/PM

Comments:

______________________________________________________________________________

Verified By:

______________________________________________________________________________

IN THE ___________ COURT

EL PASO COUNTY, TEXAS

THE STATE OF TEXAS CAUSE NO.___________________

BOOKING NO.________________

VS. OFFENSE:____________________

____________________

ORDER FOR ISSUANCE OF CAPIAS

It appears that the Court, based on the facts stated herein, that the Defendant named above is currently

incarcerated as specified above. The above affidavit was filed under the authority of Article 17.16 of the Texas

Code of Criminal Procedure which provides the procedure to absolve the surety of liability in the event of the

Defendant’s incarceration. The Court GRANTS that the Clerk of the Court to issue an alias capias for the arrest of

the Defendant as identified above who was released on bond for the above-referenced offense.

So ORDERED and SIGNED this _______ day of __________, 20__.

____________________________________

Presiding Judge

ALIAS CAPIAS FOR ARREST

TO ANY PEACE OFFICER OF THE STATE OF TEXAS

YOU ARE HEREBY DIRECTED AND ORDERED TO ARREST ________________________; DOB:_______;

DRIVER’S LICENSE NO.:______________________; ADDRESS______________________________________ MAY

YOU KEEP SAID DEFENDANT WITH THE OFFENSE OF ______________________________________ IN THE

STATE OF TEXAS, INSTANTER, THAN HEREIN FAIL NOT, BUT DUE RETURN MAKE HERE OF THIS COURT.

(More information on defendant is contained on attached paper, if any.)

SIGNED _______________DAY OF _________________________20___

_____________________________________________________________

JUDGE

CURRENT BOND: $____________________

NEW BOND AMOUNT: $____________________

FEE AMOUNT: $____________________

DATE OF BOND: ____________________

PEACE OFFICER’S RETURN

CAME IN HAND ON THE ________________________DAY OF_________________, 20___

AND EXECUTED ON THE_______________________ DAY OF_________________, 20___

_______________________________

SHERIFF

BY:___________________________

DEPUTY

Instructions for Affidavits of Incarceration

(Art. 17.16 of Texas Code of Criminal Procedure)

(2 page form – Affidavit and Order for Issuance of Capias)

Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE

FORFEITURE; VERIFICATION OF INCARCERATION

(a) A surety may before forfeiture relieve the surety of the surety’s undertaking by:

(1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or

(2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an

affidavit stating that the accused is incarcerated in federal custody, in the custody of any state, or in any county of this state.

Procedure: The bondsman will complete the Affidavit of Incarceration (AOI) and submit to the respective Clerk’s Office

whereupon the Clerk’s Office will stamp seal the AOI and provide a certified copy of the AOI to the Bondsman. Bondsman

then delivers a copy of the AOI to the office of the prosecuting attorney. In most instances this will be the District Attorney’s

Office, however, for cases involving Deceptive Business Practice, Illegal Dumping, Violations of the Clean Air Act, or Theft

of Property by Check (Class A & B only) this will be the County Attorney’s Office. Bondsman is also required to deliver a

copy of the AOI to the Warrants Section of the Jail, where it will be date stamped received. Once the AOI is received by the

Sheriff’s Office Warrants Section, the Sheriff’s Office will verify the incarceration, make the notation on the AOI and

forward the AOI to the Bond Forfeiture Unit of the County Attorney’s Office (BFU). If a FELONY case, the BFU will check

to see if a nisi has been filed. If a nisi has been filed, then the AOI is filed with the District Clerk, but no alias capias is

prepared. If

no nisi has been filed then the BFU will prepared the alias capias and deliver it to the appropriate court. If a

MISDEMEANOR case, and a nisi is pending, then the AOI will be filed with the County Clerk. If there is no nisi, the BFU

will file the AOI with the County Clerk, who will then prepare the alias capias, and deliver it to the corresponding court.

(b) On receipt of an affidavit described by Subsection (a) (2), the Sheriff of the county in which the prosecution is pending shall

verify whether the accused is incarcerated as stated in the affidavit. If the sheriff verifies the statement in the affidavit, the

sheriff shall notify the magistrate before which the prosecution is pending of the verification.

Procedure: The Sheriff’s Warrants office will notify a designated staff member from the County Attorney’s Office Bond

Forfeiture Unit to retrieve from the Sheriff’s Warrant Office any AOI that have been verified by the Sheriff’s Office.

(c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials

in the jurisdiction in which the accused is incarcerated. On receipt of notice of a verification described by this article, the

magistrate before whom the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the

accused, except as provided by Subsection (d).

Procedure: The warrant has already been issued under (a)(2).

(d) A capias for the arrest of the accused is not required if:

(1) A warrant has been issued for the accused’s arrest and remains outstanding; or

(2) The issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody.

(e) For the purposes of Subsection (a) (2) of this article, the bond is discharged and the surety is absolved of liability on the

bond on the verification of the incarceration of the accused.

(f) An affidavit described by Subsection (a) (2) and the documentation of any verification obtained under Subsection (b) must

be:

(1) Filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if

the court record does not exist, in a general file maintained by the clerk of the court; and

(2) Delivered to the office of the prosecuting attorney.

(g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff

of the county in which the prosecution is pending.

Procedure: The Sheriff’s Warrant Section will deliver to the Bail Bond Board Administrator’s Staff a cost statement of the

expenses incurred by the Sheriff in bringing back a defendant from another jurisdiction. The Bail Bond Board

Administrator’s staff will prepare and deliver an invoice to the bondsmen and recover the costs.

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EL PASO, TEXAS D.O.B. Defendants (Principals Name) AFFIDAVIT (El Paso County)

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