Texas Criminal Forms

Effective, Efficient Criminal Defense

A timesaving combination of forms and law from two of the state’s preeminent authorities.

Judge Robert K. Gill and Mark Daniel’s formbook will help you deal with ever-increasing pressures to do more in less time.

Texas Criminal Forms provides forms, tips, and law to improve your effectiveness and efficiency in everything from evidence suppression through trial to sentencing.  For example, you receive:

• 4 motions to suppress evidence seized from places.  “It is generally better to not allege specific grounds to avoid warning the prosecution which grounds will be pursued at the hearing. The above-listed grounds can serve as a guide for questioning of prosecution witnesses at the suppression hearing or for tailoring a specific motion if the facts require specificity.”  Text §§2:01-21, Forms 2-2 to 2-5
• 2 motions to reveal identity of informer.  “Even if the state is not ultimately required to reveal identity, the hearing on the motion can be an excellent discovery device and can coerce the state into dismissal or a favorable plea.” Text §§2:40-45, Forms 2-6 and 2-7
• 10 motions to suppress evidence seized from persons.  “Another benefit to requiring the trial court to hear testimony on a motion to suppress evidence is to discover what the testimony of the involved law enforcement agents will be at trial. At the hearing counsel can lock in their testimony on crucial points.”  Text §§3:01-31, Forms 3-2 to 3-5 and 3-7 to 3-12
• 7 Sixth Amendment motions.  “Although the accused has had counsel appointed for a particular offense his right to counsel often has not been properly invoked as to other offenses.  In this situation it is important to make sure that there is also a Fifth Amendment invocation by the defendant.”  Text §§4:01-43, Forms 4-1 to 4-2 and 4-13 to 4-17
• 15 Fifth Amendment motions.  “If counsel seeks to suppress a defendant’s statement it is enough to show a violation of Miranda or Tex. Code Crim. Proc. art. 38.22. However, if counsel is seeking also to suppress evidence obtained through the taking of the defendant’s statement, actual coercion by government agents must be shown.”  Text §§5:01-103, Forms 5-4 to 5-6 and 5-10 to 5-21
• 7 applications for writ of habeas corpus.  “Because collateral estoppel claims are not cognizable on a pre-trial writ of habeas corpus absent an accompanying constitutional double jeopardy claim, counsel should always couple the collateral estoppel claim with a constitutional double jeopardy claim.”  Text §§8:01-33, Forms 8-1 to 8-4 and 8-10 to 8-12
• 11 bond motions and writs.  “Since bonds can be forfeited or declared insufficient so readily, it is often necessary for the counsel for the defendant be prepared on short notice to show the trial court good cause for the bond to be reinstated or to that the defendant was arrested in error.”  Text §§9:01-52, Forms 9-1 to 9-4, 9-6 to 9-10, and 9-12 and 13
• 32 pretrial motions.  “Before pursuing the motion to testify free of impeachment by prior convictions, counsel should deliver a request to the state that they give notice under Rule 609 of any prior conviction they intend to use to impeach the defendant at trial.”  Text §§12:01-191, Forms 12-1 to 12-32
• 25 discovery motions and requests.  “Because Rule 902(10)a states that proper notice is required before business records can be admitted at trial without a sponsoring witness, counsel may wish to delete this part of the request for notice in anticipation that the other party will fail to give the required notice, thus failing the predicate.”  Text §§13:01-222, Forms 13-1 to 13-7, 13-13 to 13-31
• 18 jury forms.  “In order to preserve error in a trial court’s erroneous denial of a defense challenge for cause, the defendant must follow a rigorous predicate including….”  Text §§14:01-91, Forms 14-1 to 14-18
• 16 limiting instructions.  “Requesting a limiting instruction gives opposing counsel another forum in which to explain to the trial court the reason to sustain the original objection to the proposed evidence; and gives an opportunity to make further objections to the evidence.”  Text §§15:140-59, Forms 15-24 to 15-32 and 15-35 to 15-41
• 30 trial motions.  “There is a three-step procedure for preserving error when a subpoenaed witness does not appear. First….”  Text §§15:1-312, Forms 15-3 to15- 22 and 15-42 to 15-63
• 16 punishment motions.  “As a general proposition, a defendant must object to terms and conditions of community supervision at the time they are imposed in order to challenge the same on appeal. However, the defendant can challenge the terms and conditions by way of a habeas corpus petition. This is true even for defendants on deferred adjudication community supervision.  [Citations omitted.]”  Text §§20:1-151, Forms 20-1 to 20-10 and 20-25 to 20-33

And these specialty forms…

• 15 for DWI.  Chapter 10
• 15 for child abuse.  Chapter 17
• 18 for sex offender registration.  Chapter 18

REVISION 14 HIGHLIGHTS

In this edition of Texas Criminal Forms, you receive new forms and practice tips, plus revised and/or updated coverage of the law, to help you navigate the issues that may arise at various stages of a criminal case. The highlights include:

22 NEW FORMS, INCLUDING:

• Waiver Of Potential Conflict (Attorneys In Same Firm)
•  Defendant’s Motion For Appointment of Co-Counsel
•  Defendant’s Motion To Modify Bond Conditions As Not In Best Interest Of Justice
•  Verified Petition for An Occupational Driver’s License With Interlock
•  Affidavit On Verified Petition For Occupational Driver’s License With Interlock
•  Order Granting Occupational Driver’s License With Interlock
•  Defendant’s Motion To Reduce Costs of Ignition Interlock Device
•  Defendant’s Motion To Waive Requirement of Ignition Interlock Device
•  Defendant’s Motion To Waive Traffic Fine For Conviction of Intoxicated Driver Offense
•  Defendant’s Motion For Continuance (Invoking CCP 27.12)
•  Application For Writ of Habeas Corpus and Defendant’s Motion to Quash Complaint and Information
  (Unconstitutionality of Harassment Statute)
•  Agreed Motion For Transfer of Protective Order
•  Motion To Modify Protective Order
•  Defendant’s Motion To View Physical Evidence
•  Order to Allow Defense Access to Evidence
•  Military Record Form SF-180
•  Motion for Continuance (Privileged Information)
•  Request for Information under Rule 12.6 of the Texas Rules of Judicial Administration
•  Preservation Letter for Law Enforcement Materials
•  Defendant’s Motion For Court To Determine Ability To Pay (Felony)
•  Defendant’s Motion For Court To Determine Ability To Pay (Misdemeanor)
•  Defendant’s Petition For Nondisclosure of Criminal History Record Information Under Tex. Gov’t Code
  §411.0726 (Eligibility Two Years After Completion of DWI Deferred Adjudication)

NEW AND EXPANDED COVERAGE OF THE LAW, INCLUDING:

• Modification of bond conditions: due to indigency of defendant; as not in best interest of justice
•  Modifying conditions of DWI community supervision: ignition interlock devices; the “Superfine” under
  Transportation Code §709.001
•  Service of indictment on defendant
•  Statutes and case law governing protective orders
•  Records requests under Rule 12.6 of the Texas Rules of Judicial Administration
•  Texas Forensic Science Commission: as a research source; obtaining records from the Commission
•  Alternate methods of serving sentences — governing law re: court’s duty to determine ability to pay

ABBREVIATED TABLE OF CONTENTS

VOLUME I
Chapter 1 Client Relations and Communications
Chapter 2 Motions Related to Searches of Places
Chapter 3 Motions Related to Searches of Persons
Chapter 4 Right to Counsel
Chapter 5 Self-Incrimination
Chapter 6 Motions Related to Defendant’s Statements
Chapter 7 [Reserved]
Chapter 8 Double Jeopardy and Collateral Estoppel
Chapter 9 Bail and Bond Motions
Chapter 10 Motions for DWI Cases
Chapter 11 Examining Trials and Grand Jury Hearings
Chapter 12 Pre-Trial Motions
Chapter 13 Discovery Motions

VOLUME II
Chapter 14 Jury Selection and Voir Dire
Chapter 15 Trial Motions
Chapter 16 Evidence
Chapter 17 Child Abuse Cases
Chapter 18 Sex Offender Registration
Chapter 19 [Reserved]
Chapter 20 Punishment Phase
Chapter 21 Post-Trial Proceedings
Chapter 22 Expunctions and Non-Disclosure

ABOUT THE AUTHORS

Bob Gill is a criminal defense attorney with the firm of Gill and Brissette in Fort Worth, Texas. He previously served as judge of the 213th District Court of Tarrant County, presiding over felony criminal cases for more than fourteen years. While on the bench, Judge Gill served Tarrant County as presiding criminal judge, juvenile board chairman, and twice served as the local administrative judge. Before and after his time on the bench, Judge Gill served as an assistant criminal district attorney in Tarrant County for a combined seventeen years.

Judge Gill has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1988. He is a member of the State Bar of Texas, the Tarrant County Bar Association and the Tarrant County Criminal Defense Lawyers Association. He has written and lectured extensively on criminal law topics.

Mark G. Daniel practices with the Fort Worth office of Evans, Daniel, Moore, Evans & Biggs. A former Assistant District Attorney in Tarrant County, Mr. Daniel has been in private practice since 1983 devoting his practice of criminal defense at the trial court level. He was named Lawyer of the Year by the Texas Criminal Defense Lawyers Association for 2009.

Mr. Daniel is past president of the Tarrant County Criminal Defense Lawyers Association (1991) and the Texas Criminal Defense Lawyers Association (2002-2003). He served as President of the Tarrant County Bar Association for the 2006-2007 bar year.

Mr. Daniel is Board Certified in criminal law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy. He is also a frequent author and speaker on criminal law topics including defending capital murder cases, pre-trial motions, cross-examination, forfeitures, expert witnesses, privileges and punishment hearings.