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The request from OCA's Administrative Director David Slayton to Abbott for an opinion points out that the Texas Government Code is silent on how a PTD program should be set up, or on the conditions that can be imposed other than conditions must be reasonable and supervision does not exceed two years.
"The purpose in that is that if you successfully complete PTD, great. But what if you do not complete it? What if you fail and you don't comply with the conditions? You should not be entitled to 'two bites at the apple,'" Saenz said.
Slayton's request also reflects that Olvera believes that a guilty plea should not be required.
AG's opinion sought on pretrial diversion program
have different requirements that have been negotiated based on the circumstances," Villalobos stated.
The PTD program is intended to provide young first time nonviolent offenders with an opportunity to avoid a criminal record, and has come under scrutiny at the county and state levels.
"The program was designed to allow the state to dismiss a case if the defendant complies with the agreed to conditions. Requiring a defendant to plead guilty is inconsistent with this purpose," Slayton wrote.
The state's Office of Court Administration, which operates under the supervision of the Texas Supreme Court, asked for an opinion from Abbott in July 2012 on behalf of Fifth Administrative Judicial Region Presiding Judge Rolando Olvera, one of nine regional judges appointed by the governor. Abbott's opinion is Gucci Belts
case is different in terms of the alleged facts of the alleged crime; thus, some cases Diesel Belt For Men
Saenz disagrees, noting that securing a guilty plea is necessary.
Under former DA Armando R. Villalobos, not all defendants in PTD were required to plead guilty as a condition to enroll in the program.
In Cameron County, new DA Luis V. Saenz, who took office Jan. 1, has temporarily suspended PTD to assess the program and re establish guidelines after finding that violent, criminal offenders had been included in the program.
"If you fail, we don't want you to say you are not guilty. The reason for requiring it is legitimate. Whether or not it is legally allowable is a question I think Judge Olvera is trying to determine and I am very interested in the answer too," he said.
In a statement to the Valley Gucci Belt Gg Morning Star before he left office, Villalobos noted that the "majority" of the PTD agreements contain paperwork that required a defendant to agree to plead guilty if that person did not comply with the PTD agreements.
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