Friday, September 4, 2015

LAWYERS CALL NEW PROBATION, PTD POLICIES "DRACONIAN"

By Juan Montoya
Let's cal him Robert.
Robert was in high school and he got in trouble by hanging out with the wrong crowd.
One day he was caught with property belonging to his school and was taken to court. A first-time offender, his one year sentence was probated for one year. During that year, he had to report to his probation officer and pay $60.
Additionally, he had to attend substance abuse classes four days a week and pay them a fee.
His job at a local call center has been slowing down and the money he was helping with household costs (rent, utilities,  etc.) has dried up. His mother holds garage sales, makes tamales and food plates to make ends meet. She doesn't want him to go to jail for noncompliance with the court's orders.
Enter Averest, a new substance abuse company pushed by the Cameron County District Attorney's Office who got the courts to sign off on a newer, tougher on those on probation (like Robert) and those on the DA's pre-trial diversion (PTD) program.
Now, instead of reporting once a month to probation, Robert now has to call in twice a week. He is also subject to be called in to take a urinalysis if the company decides it wants to test him.
And, since he is on probation, instead of the usual $7 cost for the test, Robert now has to pay $17.
If he was on the PTD, he would have to pay $25 per test, with the additional $8 going to the District Attorney's Pre-Trial Diversion fund. Those defendants already paid $500 to participate in the PTD.
Judges in the Cameron County judiciary have all signed off the this new "tough love" approach and it went into effect this Monday.
Already, local attorneys say the program goes too far in its approach to punishment.
"A client of mine like Robert, who barely has a job, and whose hours are getting reduced can't really comply with the court' costs, the probation fees, and now the twice-a-week possibility that he will have to pay $17 each time the company wants to call him in," said a local attorney.
"The system is now punishing the household income by making further monetary demands on him," he said. "It's really his family who is being punished now."
Additionally, he said that with the call center cutting back on hours and personnel will make it almost impossible for his client to comply with the court's directives.
"Every time that the company wants him to drop everything and come and report during the week gives his employer the incentive to cut his hours," he said.
That raises the possibility is that Robert will be sent to jail and lose his job, he said.
DA Luis V. Saenz uses the department's forfeiture and Pre-Trial Diversion funds to augment the salaries of his favorite employees. He pays his staff $3.2 million from his budget, $389,000 from the Pre-Trial Diversion.
Lawyers say that the incentive for the company to call as many defendants as it can almost guarantees that more people like Robert will end up in jail.
"The way the economy is right now, it won't be long before the county begins to fill up the jail and cost the taxpayers an additional $41 to house him for not being able to pay," said Robert's attorney. "Is that what we want?"

11 comments:

Anonymous said...

Luis is out of control Juan. The money that goes to his slush fund use to go to the probation department, that really needs the money. Luis changed companies to do the testing without going out for bids. Rene Garza is the one that put this scheme in Luis's lap.....bola de RATAS.just a scheme to bring D.A. More money to pay his favorites like Melissa Zamora. They are looking to put criminals away....they should start with themselves.

Anonymous said...

People who are not criminals are not exposed to these asserted abuses. Being a criminal may be a little inconvenient and costly if you are are caught, but all the tears are wasted on me. "If you can't do the time (or pay the price) don't do the crime."

Anonymous said...

Lawyer are professional whiners, paid to whine on behalf of there clients. Who gives a shit what they are whining about.

Diego lee rot said...

Robert is a thug who's been doing criming since he was a toddler. Thank God he finally got caught

Anonymous said...

We can only wonder how much money was passed under the DA's table for that company to get a contract. Luis Saenz is a DICK and cannot beat Masso in the next election (unless Masso is arrested....but because he is a lawyer he will never go to court). We have too many lawyers in policy positions and too much favortism toward that profession.

Anonymous said...

It is justice for profit and it is not right. And it will cost the county more then the expense of jailing people because they are poor because once the jail starts to fill up the space will no longer be available to rent out to Hidalgo County. However, I bet that the lose of the rent doesn't matter to the D.A. since he doesn't get any of the rent money but he does, apparently, get cash for his office off this other deal.

Anonymous said...

Your client doesn't have money to pay his court orders but has money to pay you?

Anonymous said...

Okay, so the system is not kind. Why agonize over it, juan? Some of these kids have no father at home, so they will turn to wilding. They should be punished.

Anonymous said...

This racket along with pre-trial are all doings of SAENZ. If probation dept. already performs UAs what is the benefit of this SCHEME. Free attorneys at TAX payers expense to all ,PEOPLE wake up CORRUPTION continues SAENZ has not changed!!!

Anonymous said...

These so call private companies pay their bribes to DA,'s judges, sheriffs , etc .

Anonymous said...

How can this be done without a bidding process?

rita