1

NO.

THE STATE OF TEXAS * IN

THE DISTRICT COURT

VS.
*
JUDICIAL
DISTRICT

*
COUNTY,
TEXAS

MOTION TO RELEASE BECAUSE OF DELAY

COMES now the Defendant in the above entitled and numbered cause, and files

this Motion to Release Because of Delay, and would show as follows:

I.

Defendant was arrested on [ ] for the offense of [ ] . Defendant has

been incarcerated since that time.

II.

The State was not ready for trial within ninety (90) days and more than ninety (90)

days have elapsed since Defendant’s detention for this felony charge.

III.

Under the provisions of Texas Code of Criminal Procedure, Article 17.151,

 “A defendant who is detained in jail pending trial of an accusation against him

must be released either on personal bond or by reducing the amount of bail

required, if the State is not ready for trial of the criminal action for which he is

being detained within:

(1) 90 days from the commencement of his detention if he is accused of a felony

[see the statute for the other applicable time limitations in misdemeanors]

See also McNeil vs. Rains, 772 S.W.2d 488 (Tex. App. Houston [1st Dist.] 1989),

no writ. Defendant further relies on Rowe vs. State, 853 S.W.2d 581 (Tex. Crim. App.

1993). [where applicable] Where there is no indictment, the State cannot announce ready

for trial. Pate v. State, 592 S.W.2d 620 (Tex. Crim. App. 1980).

WHEREFORE, Defendant prays the Court order the Defendant released on a

personal bond or on a bond in an amount he can afford.

Respectfully submitted,

____________________________

Name
State Bar No.
Attorney for Defendant
Address
Telephone

[ certificate of service]
 NO.

THE STATE OF TEXAS * IN

THE DISTRICT COURT

VS.
*
JUDICIAL
DISTRICT

COUNTY, TEXAS

ORDER

On this date came to be heard Defendant’s Motion to Release Because of Delay,

and the Court, having heard the evidence and argument of counsel, is of the opinion that

said Motion should be GRANTED.

It is therefore ORDERED that the Defendant be released on a surety/personal

recognizance bond in the amount of $_____________________.

Signed this _________ day of ____________________, 20_____.

___________________________
JUDGE PRESIDING