PRETRIAL INTERVENTION AGREEMENT The parties to this Pretrial - - PDF document

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Pretrial Intervention Program

Revised: January 2019

CAUSE NO. ______________________ THE STATE OF TEXAS § IN THE COUNTY COURT VS. § OF ______________________ § LLANO COUNTY, TEXAS

PRETRIAL INTERVENTION AGREEMENT

The parties to this Pretrial Intervention Program (“Agreement”) are the State of Texas, which is represented by the Llano County Attorney or her designated agent, and _________________________________________, the Defendant, whose date of birth is ______________. The Defendant agrees to waive certain rights and to comply with specified terms and conditions as set forth herein. The Defendant also confesses guilt of the

• ffense(s) charged and stipulates to the admissibility of incriminating evidence. In return,

the State of Texas agrees to conditionally dismiss the offense(s) charged.

• A. DEFENDANT’S WAIVER OF RIGHTS
• 1. I understand that I have the following rights:
• I have the right to a speedy trial.
• I have the right to a trial by jury
• I have the right to confront and cross-examine the witnesses against me.
• I have the right to secure the appearance at trial of witnesses in my favor

_____ I knowingly and voluntarily waive these rights.

• 2. I have been advised of and fully understand that:
• I have the right to remain silent and not make any statement at all. Any

statement I make may be used against me at my trial.

• Any statement I make may be used against me in court.
• I have the right to have a lawyer present to advise me prior to and during

any questioning.

• If I am unable to employ a lawyer, I have the right to have a lawyer

appointed to advise me prior to and during any questioning,

• I have the right to terminate this interview at any time.

_____ I knowingly and voluntarily waive these rights. _______________________________ ______________________________ Attorney for Defendant Defendant State Bar Number: ________________

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• B. DEFENDANT’S CONFESSION TO THE CHARGES

The State’s information alleges that I committed the offense(s) of _________________________ _________________________ on _________________ in Llano County, Texas. The State’s information may be found in the Llano County Clerk’s file, and it is incorporated by reference into this Agreement as though fully set out. I am the person named as the defendant in the State’s information. I understand the allegations against me. I hereby voluntarily confess that they are TRUE. _______________________________ ______________________________ Attorney for Defendant Defendant State Bar Number: _______________

• C. DEFENDANT’S STATEMENT DENYING PRIOR OFFENSES

By my signature below I affirm I have no prior felony convictions and I have no prior convictions for assaultive conduct. _______________________________ ______________________________ Attorney for Defendant Defendant State Bar Number: _______________

• D. TERMS AND CONDITIONS OF AGREEMENT
• 1. This Agreement begins on the date acknowledged and accepted by the State as evidenced

by the signature of her County Attorney or Assistant County Attorney on page 6 of this Agreement.

• 2. This Agreement terminates in __________ months on the termination date set forth on

page 6 of this Agreement.

• 3. By initialing the line beside each relevant term or condition, the Defendant demonstrates

his/her understanding that compliance with that particular term or condition is required.

• 4. The Defendant must provide proof of timely completion of all terms and conditions of

this Agreement in one of the following manners:

• a. U.S. Mail:

Llano County Attorney’s Office 801 Ford Street, Room 111 Llano, Texas 78643

• b. FAX:

325-247-7737

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Pretrial Intervention Program

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• c. Personal Delivery:

Llano County Attorney’s Office 801 Ford Street, Room 111 Llano, Texas 78643

• d. Email:

cao5@co.llano.tx.us

• 5. Include the cause number __________ on all documents and keep a personal copy of any

document(s) submitted to the Llano County Attorney’s Office.

• 6. While this Agreement is in effect, the Defendant shall not commit any other offense(s).

For purposes of this Agreement, an offense is “committed” if the Llano County Attorney believes that probable cause to arrest the Defendant for that offense develops at any time during or after an arrest.

• 7. While this Agreement is in effect, the Defendant will not consume alcohol or controlled

substances unless otherwise ordered by a medical professional.

• 8. PARTICIPATION REQUIRED IN THE FOLLOWING (Indicated by “YES”):

(defendant’s initials) _______Community Service ____ hours □ YES

□ NO

_______ Equivalent of Drug/Alcohol Evaluation/Counseling □ YES □ NO (follow any recommendations)

____ ___________ □ YES □ NO

_________ _____________________

□ YES □ NO

NOTES:

• A Defendant who resides outside of Llano County, Texas must coordinate with the Llano

County Attorney for approval of out of county assessment and intervention options.

• Evaluations MUST be completed within Two (2) months of starting the Pretrial

Intervention Program.

• If the Defendant has already complied with the condition, the parties must submit

documents showing that compliance.

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• 8. DEFENDANT IS FURTHER REQUIRED TO (Indicated by “YES”):

(defendant’s initials) _______ Pay a supervisory fee of $250.00 to the Llano County Attorney’s Office. MANDATORY _______ Provide proof of a valid Texas driver’s license and automotive liability insurance coverage by the termination date of the Agreement.

□ YES □ NO

• E. TERMINATION OF AGREEMENT
• 1. Upon demonstration of compliance with the terms and conditions of this Agreement,

the Llano County Attorney agrees not to prosecute the Defendant for the offense(s).

• 2. If the Defendant fails to comply with or violates any of the specified terms and

conditions of this Agreement, the Llano County Attorney is no longer subject to the Agreement and may refile the charges and prosecute the case to the full extent of the law.

• 3. The Defendant hereby agrees to the following, as indicated by his/her signature

below, in the event he/she fails to complete the Pretrial Intervention Program and the Llano County Attorney refiles the charges:

• The Defendant agrees to plead guilty or no contest to the refiled charge.
• The Defendant agrees and stipulates that this Agreement, including the written

confession of guilt that it contains, is admissible against him/her in court.

• The Defendant agrees and stipulates that affidavits, written statements of

witnesses and other documentary evidence—including but not limited to the police offense report—are admissible against the Defendant at trial.

• The Defendant waives any statute-of-limitations objection to the refiled charges.
• The Llano County Attorney’s burden of showing the Defendant’s non-compliance

with this Agreement is by a preponderance of the evidence.

• 4. If the parties agree to continue the Pretrial Intervention Program after the County

Attorney refiles the charges, then the Agreement is extended for the same period as the original Agreement, without the need to draft and sign a new document (example: the initial Agreement was to last six months, then the extended Agreement will last another six months from the date of the second dismissal).

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Pretrial Intervention Program

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I, ________________________________, the Defendant, if represented by counsel, have fully discussed this case and the evidence with my attorney. I am satisfied that he or she has properly represented me. I have received a copy of this Pretrial Intervention Program. I waive any further time to prepare for trial to which I may be entitled. _______________________________ ______________________________ Attorney for Defendant Defendant

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Pretrial Intervention Program

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The Llano County Attorney acknowledges receipt of the signed “Llano County Pretrial Diversion Application” and the “Pretrial Intervention Agreement”. *EFEECTIVE DATE ________________, 201_ *TERMINATION DATE ________________, 201__ ________________________________ Llano County Attorney/ Pre-trial Intervention Supervisor

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Contact information: Kerri Sawyer Pretrial Intervention Supervisor Phone: 325-247-7733 Direct Line: 325-247-7750 Fax: 325-247-7737 Email: cao5@co.llano.tx.us