Opinion
1:20-CR-289-005-RP
01-28-2022
U.S.A. v. Drew Zarate
PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE
COMES NOW Matthew C. Gosser, pretrial services/probation officer, presenting an official report upon the conduct of defendant Drew Zarate, who was placed under pretrial release supervision by the Honorable Andrew W. Austin, sitting in the court at Austin, Texas on the 3rd date of December, 2020 under the following conditions:
See appearance Bond and Order Setting Conditions of Release dated December 3, 2020.
Pretrial Services alleges the defendant has violated the following conditions or release:
(1)The defendant must not violate federal, state or local law while on release.
#7 (1) of his release order which states: not use alcohol excessively.
#7(r)of his release order which states: report as soon as possible, to the pretrial services officer or supervising officer, every contact with law enforcement personnel, including arrest, questioning, or traffic stops.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
On December 21, 2021, a criminal records check conducted by Pretrial Services revealed the defendant was arrested on October 7, 2021 by the Austin Police Department for Driving While Intoxicated. The defendant was subsequently contacted and he admitted to being arrested for Driving While Intoxicated. He indicated he was driving a friend's vehicle at the time of the arrest. The defendant indicated he does not own a vehicle. The defendant further advised he was released on a Personal Recognizance Bond subsequent to his arrest.
The defendant failed to notify Pretrial Services of contact with law enforcement, his arrest for Driving While Intoxicated. The defendant was admonished for consuming alcohol in excess, not reporting the law enforcement contact to Pretrial Services and violating a state, federal or local law, despite the imposed bond conditions and indicated the court will be informed of the violation.
Assistant U.S. Attorney, Mark Marshall has been advised of the above and is in agreement with the recommendation of Pretrial Services.
PRAYING THAT THE COURT WILL ORDER the defendant's bond be modified to include the following condition of bond: Condition #7(1) no use alcohol at all.
I declare under penalty of perjury that the foregoing is true and correct.
ORDER OF COURT
Considered and ordered this 28th day of January, 2022 and ordered filed and made a part of the records in the above case.