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CAUSE NO. 169628501010
`
`SPN: 02841298
`
`DATE/TIME OF ARREST: 1013112020 09:05 PM
`
`THE STATE OF TEXAS
`
`V-
`SMITHI JOSHUA
`DOB: February 10I 1999
`

`
`‘5

`
`IN THE 174th DISTRICT COURT
`
`HARRIS COUNTY, TEXAS
`
`Pgs-3
`
`OTRREP
`
`STATUTORY WARNINGS BY MAGISTRATE - PROBABLE CAUSE FOR FURTHER DETENTION — PR BOND/BAIL ORDEIEDTPSIH
`On this date and time the above-named defendant personally appeared before me, the undersigned Texas magistrate. The
`0(TMSW
`defendant appeared IX in person [I by video teleconference and | admonished the defendant as follows:
`(999
`You are accused of 3RD DEGREE FELONY, namely, FELON POSS WPN.
`OTFAF
`
`998-
`
`:99 -
`
`0 You have the right to hire an attorney to represent you.
`0 You have the right to remain silent.
`
`0 You have the right to an examining trial in a felony offenie997'
`0 You are not required to make a statement and any
`OTCMIF
`
`0 You have the right to have an attorney present prior to and
`during any interview with peace officers or attorneys
`representing the state.
`0 You have the right to stop any interview at any time.
`
`(999-
`statement you make can be used against you.
`0 You have the right to request the appointment of counsefDDo
`if you cannot afford counsel.
`(999)
`
`I can appoint the Public Defender to represent you and describe evidence on your behalf in this bail hearing
`If you consent,
`regardless of whether you are indigent. If you request appointed counsel and are later found to be indigent, another lawyer would
`be appointed to represent you in any trial or plea on the charge(s) listed above.
`
`Do you consent to allow an assistant public defender to represent you in this bail hearing, knowing that this lawyer will not continue
`to represent you when this hearing is over?
`I] NO
`IX YES— Pursuant to Joint Administrative Order No. 2017-01, Assistant
`Public Defender HoangI Bao-Long
`(print name) represented the Defendant in this bail hearing.
`Do you request the appointment of counsel to represent you in the county or district court if you are determined to be indigent?
`I] NO
`IX YES— The Court ORDERS Pretrial Services to help the defendant, if still
`in custody, prepare the request and any
`supporting paperwork, and then forward the request to the judge of the court in which the case is pending within 24 hours.
`
`CONSULAR NOTIFICATION: If you are a foreign national, you may be entitled to have us notify your country’s consular representative here in the
`United States. If your country requires notification, we will notify it as soon as possible.
`
`The accused is a: E United States citizen
`
`I] foreign national of (country).
`
`I] The accused requests notification of consular officials.
`
`I] MANDATORY NOTIFICATION: The clerk shall immediately alert the above country’s consulate of this arrest.
`If you are a foreign national, please provide the following information:
`
`Name (father’s last / mother’s last / first)
`
`Date of Birth
`
`Place of Birth Passport Number
`
`Date Issued
`
`Place Issued
`
`I] The Court FINDS that probable cause for further detention DOES NOT EXIST. The Court ORDERS the law enforcement agency
`and officer having custody of the defendant to immediately release the defendant from custody.
`
`PROBABLE CAUSE FINDING AND ORDER
`
`IX The Court FINDS that probable cause for further detention EXISTS. The Court reviewed and/or set the defendant’s bond as
`indicated in the BAIL ORDER below and, in clear and unambiguous language: (1) advised the defendant of his rights pursuant to
`TEX. CODE CRIM. P. Art. 15.17; and (2) provided the defendant with information required by law. The Court ORDERS the defendant
`committed to the custody of the Sheriff of Harris County, Texas, until he posts the required bond or until further order of the
`Court.
`
`I] Probable cause previously determined. The Court ORDERS the defendant committed to the custody of the Sheriff of Harris
`County, Texas, until he posts the required bond or until further order of the Court.
`
`IZI
`SEE NEXT PAGE FOR BAIL ORDER
`November 01 2020 14:45 PM W {19:} E 0 87
`
`
`Date and Time
`Magistrate Lisa Porter (SPN 01676089)
`
`Magistrate (Judge or Hearing Officer)
`(Rev. July 24, 2018)
`
`Interpreter (if applicable)
`
`Page 1 of 2
`
`

`

`CAUSE NO. 169628501010
`
`STATUTORY WARNINGS BY MAGISTRATE - PROBABLE CAUSE FOR FURTHER DETENTION — PR BOND/BAIL ORDER
`
`PERSONAL BOND/ BAIL ORDER
`
`Having found probable cause exists for the further detention of SMITH JOSHUA the Court next determined the conditions of
`release for the accused to ensure he/she will appear and answer before the proper Court.
`
`PART 1: PUBLIC SAFETY ASSESSMENT
`
`The Court considered the Public Safety Assessment results and also considered the
`
`following presumptive personal bond recommendation:
`
`I:I Personal Bond Recommended
`I:I Personal Bond fl Recommended
`IXI Personal Bond Recommendation referred to Magistrate
`|:| PSA NOT available
`
`PART 2: PERSONAL BOND [ BAIL REQUESTS
`
`Presumptive Bail Amount $888,888.00
`
`A. DISTRICT ATTORNEY PR BOND Z BAIL REQUEST
`0
`Personal Bond I:I Requested IXI Opposed
`D No Position
`Bail Request D No DA Bail Request
`I:I Higher
`g Lower $30,000.00
`|:| No Bail
`
`0
`
`B. PUBLIC DEFENDER PR BOND BAIL RE UEST
`0
`Personal Bond IZI Requested I:I Opposed
`D No Position
`Bail Request D No PD Bail Request
`I:I Higher
`g Lower $5,000.00
`|:| No Bail
`
`0
`
`PART 3: FINANCIAL AFFIDAVIT
`
`Signed and Sworn:
`
`IXI Yes
`D No
`
`After considering the above, the Court (1) advised the defendant of his rights pursuant to TEX.CODE CRIM.P.
`
`ART 15.17; (2) set the defendant’s conditions of release in clear and unambiguous language; and (3)
`
`provided the defendant with information required by law. The Court then ORDERED the following:
`
`ORDER
`
`Bail is set at:
`
`|:| No Bail
`
`g $10,000.00
`IXI Conditions
`
`defendant is driving with no TDLI with MJ that he admits smokingI
`IXI Not Approved
`Personal bond is:
`with a stolen gun and is a documented gang member which he also admits to [Z 4F 2M felony theft & evading
`2nd 11 2019 att FPW 11 2017 UCW 2017 UUMV 2017
`nvca—no 5 4 above avera e risk
`defendant
`
`discharged fromSTJ 4—17—2020
`I:I Approved I:I Conditions
`
`The reasons for this individual assessment of the appropriate conditions of release were explained to the
`above-named Defendant.
`
`November 01 2020 14:45 PM W It»? 0 0 3‘7
`
`
`Date and Time
`
`Magistrate (Judge or Hearing Officer)
`
`Interpreter (if applicable)
`
`

`

`Magistrate Lisa Porter (SPN 01676089)
`
`(Rev. July 24, 2018)
`
`Page 2 of 2
`
`

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