Aransas County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Dsc request

The defendant must present a valid Texas driver license, active military, occupational, or other permit, but it cannot be a commercial license or permit.

Presents a valid Texas driver license/active military/occupational/permit that is not a commercial license or permit 4 5.0511 (b) , TC.

CRITICALCriminal cases

Applies to

Motion for time served

A request for jail-time credit may be considered only after the defendant or the defendant’s attorney submits a written Motion for Time Served.

IT IS ORDERED that a Justice of the Peace may consider a request for jail-time credit from a defendant, whether or not currently in the custody of the Aransas County Detention Center, only after the receipt of a written Motion for Time Served from the Defendant or his attorney.

CRITICAL

Applies to

Registration proof

Registration proof must be one of the specified County Tax Assessor forms and show the payment date and amount.

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment w/in 20 working days of citation or; • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating date & amount of payment.

CRITICALCriminal cases

Applies to

Compliance dismissal request

An address-or-name correction dismissal request must include a valid Texas driver’s license showing the correction.

Proof of a valid Texas driver’s license that indicates the address or name of the defendant has been corrected.

CRITICAL

Applies to

No driver license dismissal proof

The clerk must obtain a copy of a driver's license valid on the citation date; a valid Mexican license qualifies.

The clerk shall obtain a copy of the driver's license showing valid on the date of the citation . • Mexico license if valid qualifies.

CRITICAL

Applies to

Drivers license

Proof for a failure-to-display charge must be a valid Texas driver's license that was valid at the time of citation and appropriate for the vehicle.

• A valid Texas driver's license that was valid at the time citation that is appropriate for the type of vehicle being operated .

CRITICAL

Applies to

Letter of representation

An attorney must present a letter of representation when making an initial appearance while the Defendant is in warrant status.

An attorney must present letter of representation.

CRITICAL

Applies to

Attorney bond

The Court will not accept an attorney bond unless it complies with Article 17.08 and uses a Court-promulgated form.

No attorney bond will be accepted by the Court unless it complies with the requirements of Texas Code of Criminal Procedure Article 17.08 and be on a form promulgated by the Court.

CRITICAL

Applies to

Surety bond

Surety bonds must include a Court date for the defendant to appear in JP Court.

All bonds must include a Court date for the Defendant to appear in JP Court.

CRITICALCriminal cases

Applies to

Driving safety course completion certificate

The course certificate must be marked “court copy,” signed by the defendant, and free of alterations, modifications, or erasures.

3. The course certificate indicates “court copy”, is signed by the defendant and contains with no alterations, modifications and/or erasures.

CRITICAL

Applies to

Driving record

To establish compliance, submit a TX DPS-certified driving record issued after the offense date showing an eligible license and no qualifying course completion in the preceding 12 months.

A driving record certified by the TX DPS which was issued after the offense date, indicates the Defendant's license status is Eligible and does not show that a driving safety course has been completed for dismissing a moving violation within the twelve (12) months preceding the date of current citation.

CRITICAL

Applies to

Cash bond deposit receipt

The receiving officer must receipt deposited cash funds, and the receipt must be provided to the Court for filing in the case record.

Any cash funds deposited shall be receipted for by the officer receiving the funds and the receipt provided to the Court to file in the records of the case .

CRITICAL

Applies to

Record request letter

Military, FBI-NCIS, U.S. Probation, and police departments must submit a letter to request records.

Military, FBI-NCIS, US Probation , Police Dept. - Must submit letter requesting records .

CRITICAL

Applies to

Video review request

A self-represented defendant requesting review of a video the State intends to offer at trial must make a written request at least 30 days before trial.

If the Defendant requests to review a video that the State intends to offer into evidence at trial, the Defendant shall make a written request not less than 30 days prior to trial.

CRITICAL

Applies to

Temporary license

Proof of license renewal must be a TX DPS temporary license indicating renewal and the renewal date within 20 working days of the citation.

• The temporary license was issued by the TX DPS indicating renewa l of the license & the date renewed w/in 20 working days of the citation.

CRITICAL

Applies to

Personal bond

Personal bonds must comply with Article 17.04 and use a Court-approved form.

Personal bonds must comply with the requirements of Texas Code of Criminal Procedure Article 17.04 and be on a form approved by the Court.

CRITICAL

Applies to

Deferred disposition application

An attorney's deferred-disposition application need not contain the defendant's signature but must include the defendant's current address.

Deferred applications presented by attorneys need not contain the Defendant's signature but must contain a current address for the Defendant.

CRITICAL

Applies to

Attorney bond

Attorney bonds must include a Court date for the defendant to appear in JP Court.

All bonds must include a Court date for the Defendant to appear in the JP Court.

CRITICAL

Applies to

Registration proof

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment before the Defendant's first court appearance or; • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment.

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment before the Defendant's first court appearance or; • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment.

CRITICAL

Applies to

Dsc request

The defendant must file a plea and a signed affidavit that complies with the eligibility requirements.

Files with the Court a plea and signed Affidavit complying with all eligibility requirements. 45 .0511(C)(3), CP .

CRITICAL

Applies to

Medical exemption request

A person requesting an exemption for medical reasons must provide documentation; hospital admission papers are required if the person is in the hospital.

Medical reasons Must provide documentation for example, if they are in the hospital must provide admission papers for the hospital.

CRITICAL

Applies to

Dsc request

The defendant must provide valid proof of financial responsibility.

Provides valid proof of financial responsibility 45.0511 (6), TC.

CRITICAL

Applies to

Rabies vaccination dismissal proof

A veterinary receipt showing the animal received vaccination must be presented.

Must present a receipt from Veterinarian that animal in question has received vaccination .

CRITICALCriminal cases

Applies to

Affidavit

The defendant must file a signed affidavit meeting the Driving Safety Course eligibility requirements in the cited statute.

2. files with the court a signed an affidavit complying with all eligibility requirements for DSC as set forth in Sec. 45.0511(c)(3) of the Texas Code of Criminal Procedure;

CRITICAL

Applies to

Court communication

Communications to the Court, including representation letters, pleas, disposition requests, and appeals, must be in writing and signed by the defendant or an attorney in good standing.

All communications with the court such as, letters of representation , pleas , requests for disposition , and appeals, must be in writing , signed by the defendant or an attorney in good standing.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must identify the Defendant and charges, state the reason for withdrawal, and list current deadlines and settings.

• Defendant's full name & date of birth. • Defendant's driver license or identification card number and state of issuance. • The case number and offense name of each charge from which the attorney wishes to withdraw. • The reason the attorney wishes to withdraw; and • A list of current deadlines and settings.

CRITICALCriminal cases

Applies to

Motion to withdraw

When the Defendant requests or agrees to withdrawal, the motion must include the Defendant’s written consent or a substituting lawyer’s certificate that new counsel has been retained.

When withdrawal is made at the request of or on agreement with the Defendant, such motion shall be accompanied by the Defendant's written consent to withdrawal or a certificate by a substituting lawyer that another lawyer has been retained by the Defendant in the case.

CRITICAL

Applies to

Proof of insurance

When there is no concurrent FMFR violation, the Defendant must show current valid insurance listing them as a covered driver or, if under 19, provide a parent's policy.

No concurrent FMFR violation . If the Defendant did not receive a violation for FMFR at the same time as the violation for which the Defendant has requested DSC , then the Defendant is eligible for DSC upon showing proof of current valid insurance. The proof must list the Defendant as a covered driver or be a parent's policy for Defendant under the age of 19.

CRITICAL

Applies to

Registration insignia violation dismissal proof

Proof must be either the stamped County Tax Assessor standard form or the stamped new registration receipt form, indicating the payment date and amount.

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment or; • The new reg istration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating date & amount of payment.

CRITICAL

Applies to

Juvenile failure to appear notice

When a juvenile fails to appear, the notice sent to the juvenile must include the specified warning.

Upon a failure to appear by a juvenile, the following notice shall be sent to the juvenile: WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT , YOU ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST.

CRITICALCriminal cases

Applies to

Motion

When the circumstances warrant questioning a stop, detention, arrest, or search, defense counsel must file a factually specific motion to suppress rather than a boilerplate motion.

4) To file factually specific (not “boilerplate”) Motions to Suppress if the circumstances surrounding the case indicate questioning the relevant stop, detention, arrest or search of the defendant.

CRITICALCriminal cases

Applies to

Valid texas driver license

IT IS ORDERED that, pursuant to the State’s Standing Motion to Dismiss, a charge of Fail to Display Driver’s License pursuant to section 521.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver’s License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.

IT IS ORDERED that, pursuant to the State’s Standing Motion to Dismiss, a charge of Fail to Display Driver’s License pursuant to section 521.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver’s License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.

CRITICAL

Applies to

Conflict notice

The written notice of a conflicting trial must identify the case number and the court where the conflicting case is being tried.

An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent inform the Justice Court of the case number and the court in which the conflicting case is being tried.

CRITICALCriminal cases

Applies to

Proof of compliance

The clerk must copy the compliance proof for the file and present the file to the court for dismissal.

The clerk shall make a copy for the file of the document(s) establishing proof of compliance and present the file to the court for dismissal of the citation.

CRITICALCriminal cases

Applies to

Time served motion and order

The judge must retain time-served motions and orders considered or signed and transmit them without delay to the Justice of the Peace Court for the case records.

IT IS FURTHER ORDERED that any and all motions and orders for “time-served” considered by and/or signed by a judge shall be retained by the judge and transmitted without delay by him, or under his direction, to the Justice of the Peace Court to be retained in the records of the case.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

Acceptable proof may be a copy of the vehicle’s motor vehicle liability insurance policy or an insurance binder confirming the operator’s compliance with Chapter 601 of the Transportation Code.

1) a copy of the motor vehicle liability insurance policy covering the vehicle; 2) an insurance binder that confirms the operator is in compliance Chapter 601, Trans. Code.

CRITICAL

Applies to

Affidavit of surrender

A surety surrendering a bond must comply with Article 17.19(a), and the surrender affidavit must contain the listed case, defendant, bond, cause, and notice information.

A surety wishing to surrender a bond shall comply with the requirements of Texas Code of Criminal Procedure Article 17.19(a). The affidavit of surrender must contain the following information: • The court and cause number of the case. • The name of the Defendant. • The offense with which the Defendant is charged. • The date of the bond. • The cause for the surrender. • That notice of the surety's intention to surrender the principal has been given to the Defendant's attorney as required.

CRITICAL

Applies to

Window tint correction proof

If the vehicle is out of town or out of state, the defendant must photograph it and mail the picture to the court.

Vehicle is out of town or out of state, defendant shall take a picture of the vehicle and mail to the court.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

A qualifying motor vehicle liability policy must be an owner's or operator's policy issued by an authorized insurer, written to or for the named insured, and meeting the stated minimum coverage requirements.

For purposes of this Standing Order, a motor vehicle liability insurance policy must be an owner's or operator's policy that (i) is issued by an insurance company authorized to write motor vehicle liability insurance in this state; (ii) is written to or for the benefit of the named insured in the policy; and (iii) meets the minimum coverage requirements (As of January 1, 2011, minimum coverage is $30,000/$60,000/$25,000).

CRITICALCriminal cases

Applies to

Time served motion

A jail-time-credit request must be made by a written Motion for Time Served from the defendant or attorney, with sufficient proof of incarceration attached.

IT IS ORDERED that Justice of the Peace judge may consider a request for jail-time credit from a defendant, whether or not currently in the custody of the Aransas County Sheriff, only after the receipt of a written Motion for Time Served from the Defendant or his attorney. The motion shall have sufficient proof of incarceration attached thereto and credit for time served shall be granted only when the defendant is in custody and detained pursuant to a valid warrant or capias issued by the Justice of the Peace Court.

CRITICAL

Applies to

Conflict notice

An attorney who is or will be in trial in another court must promptly notify the Justice Court in writing when the conflict becomes apparent and identify the case number and other court.

An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried.

CRITICAL

Applies to

Rental car parking violation dismissal proof

The rental car company must provide documentation showing the rental period and the renter's name and identifying information to support dismissal.

The State moves to dismiss any parking violation filed against a rental car company when it is shown to the satisfaction of the Court that at the time of the offense the vehicle had been rented , and the company has provided documentation showing the rental period and the name and identifying information for the renter.

CRITICALCriminal cases

Applies to

Financial information questionnaire

A defendant who voluntarily appears before execution and resolves the amount owed must complete the requested Long-form questionnaire; the clerk verifies contact information and recalls the capias upon verification, while failure to complete the questionnaire results in execution.

If a defendant voluntarily appears at the court before the Capias Pro Fine is executed and resolves the amount owed as described above, the clerk shall request the defendant to complete a Financial Information Questionnaire (Long-form). Upon completion of the questionnaire, the clerk shall ensure that the contact information is verified and upon verification, the clerk recall the Capias Pro Fine. If the defendant fails to complete the Questionnaire as requested, the Capias Pro Fine shall be executed.

CRITICAL

Applies to

Draft order

Each draft order must have a heading showing the cause number, case style, and court in which the case is pending.

A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICALCriminal cases

Applies to

Driving record

The driving record must show that the defendant did not complete a course to dismiss a moving-violation citation during the 12 months before the citation date.

2. The driving record presented by the defendant indicates the defendant has not completed a driving safety course for the purpose of dismissing a moving violation citation within the twelve (12) months preceding the date of the citation.

CRITICALCriminal cases

An attorney of record must present a motion to withdraw and obtain a court order granting leave before withdrawing.

No attorney of record shall be permitted to withdraw from any case without presenting a Motion to Withdraw and obtaining from the Court an Order granting leave to withdraw.

WARNING

Applies to

Proof of compliance

To support dismissal of a child passenger safety seat charge, the defendant must provide satisfactory proof of the specified compliance, including the required installation and inspection evidence.

The State moves to dismiss any Child Passenger Safety Seat charge upon proof satisfactory to the Court that the defendant has met the elements of the defense to that charge listed in Texas Transportation Code Section 545.4121 . • Car seat installed within 15 working days from date of citation • Vehicle inspected & picture taken by Clerk upon defendant bringing vehicle to 2840 HWY 35 N. , Rockport, TX • If out of town, defendant shall email or mail copy of the car seat receipt. • If the car safety seat is installed within 15 working days from the date of citation

WARNINGCriminal cases

Applies to

Proof of financial responsibility

A Clerk may accept a fleet policy for dismissal if the defendant presents valid proof meeting the stated criteria and evidence of authorization to drive the covered vehicle.

Fleet policies may be accepted by a Clerk for dismissal if the defendant presents valid proof consistent with the criteria above and indicia of authorization to drive the covered vehicle.

WARNING

Applies to

Summons

A note must be made on the summons when the summoned person is deceased.

Deceased Make note on the summons.

WARNING

Applies to

Proof of compliance

To support dismissal of an expired-registration or inspection complaint, the defendant must provide satisfactory proof that the expiration lasted no more than 60 days and the registration or inspection is current.

The State moves to dismiss any complaint involving expired registration or inspection upon proof satisfactory to the Court that the period of expiration was not longer than 60 days and the vehicle registration or inspection has been brought current. Sec 502.407(b ), TC