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is the state required to show due diligence in an MTR where the motion and the warrant were filed prior to the expiration of the defendant's probation but the defendant is in prison on an unrelated charge and not brought back to court to face the MTR until after the probatiionary period has expired?
 
Posts: 14 | Location: Bryan,TX | Registered: August 13, 2002Reply With QuoteReport This Post
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The due diligence requirement is triggered by the failure to try the defendant on the motion to revoke before the expiration of the probationary period. The amendment to that law restricts the defense to an allegation that the defendant absconded.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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