If the Attorney-General does not confirm this, the minor shall be handed over to the competent judicial authorities of that State. For purposes of this section, the term « State » includes a State of the United States, the District of Columbia and any Commonwealth, territory or possession of the United States. There are several differences between the arrest of a minor and the arrest of an adult. A law enforcement officer may detain a juvenile if there are probable grounds to believe that he or she has violated a criminal law, committed a criminal offence, indicated a need for supervision, or violated a probation condition ordered by the court. Section 51.03 (a) of the Family Code defines delinquent conduct as conduct other than a traffic offense that violates federal or state criminal law punishable by imprisonment or imprisonment. Paragraph 51.03(b) defines conduct that indicates the need for supervision, including the commission of offences with fines only; violation of criminal decrees of a political subdivision of the State; voluntary absence of the child from the home without the consent of the child`s parents; « Breath » of fumes or paint fumes; violate a school district`s written standards of conduct; engaging in prostitution; and the electronic transmission of certain visual documents depicting minors. It is not necessary for an officer to obtain an arrest warrant, as is the case in adult criminal law, where the Code of Criminal Procedure generally requires an arrest warrant. However, an officer may decide to obtain a warrant of detention for a minor called an arrest directive, which is similar to an adult arrest warrant. A juvenile court may issue an arrest order that must include probable reason to believe that the juvenile has committed the alleged offense, for example, if an officer is to arrest a juvenile in another state. A written warrant may be required to demonstrate to law enforcement or judicial authorities in that jurisdiction that he is wanted and alleged to have committed a crime in Texas.
If a juvenile is detained, he or she must be returned directly to a juvenile treatment centre « without undue delay » and his or her parents or guardians must be immediately informed of his or her detention and the reason for his or her detention. Within 48 hours of the accused`s detention (including weekends and holidays), a court or judge must hold a detention hearing to decide whether the juvenile should be released or detained in an institution pending his or her appearance in court. Detention decisions are left to the discretion of the court or judge, and it is important to note that there is no bail system in juvenile courts and in the Family Code. A detention hearing must take place no later than the second working day following the juvenile`s detention. If he is detained on a Friday or Saturday, the detention hearing must take place on the first working day following detention. The young person and his/her parents or guardians must be informed of the hearing with appropriate notice; However, if the parent or guardian cannot be located, the court must appoint a guardian for the detention hearing. The minor has the right to counsel at all detention hearings. The juvenile shall be released unless the court decides that: (1) he or she is likely to escape or be removed from the jurisdiction of the court; (2) a parent, guardian, guardian or other person fails to provide adequate supervision, care or protection; (3) he does not have a parent, guardian, guardian or any other person who can refer him to court if necessary; (4) he or she may endanger himself or herself or the safety of the public if released; or (5) he has already been convicted of a child offender or has already been convicted of an offence punishable by imprisonment or imprisonment and is likely to commit a crime if released. If the juvenile is detained, a detention hearing must be held every 10 days to determine whether continued detention is justified.
If the court decides to release the juvenile, it may impose certain conditions on his release. These may be similar to the conditions of detention imposed on an accused by an adult court, although the juvenile court cannot set bail for the release of the juvenile. In addition, the court may impose conditions on the parents or guardians of the minor present at the detention hearing requiring the adult to assist the minor in complying with parole. Therefore, not only can the minor be subject to court-ordered conditions, but the court may also set conditions for the adult responsible for the minor. For example, in a case of sexual assault, an adult may be asked to move himself and the child to another place of residence to keep the adolescent away from other children in the household, or the foster parent may be asked to keep all children away from the young person. Another example is a parent who may need court permission to take the child out of the county for a trip or vacation. The areas of sentencing in the juvenile court differ from those in the adult court. With the exception of certain applications, there is no fixed minimum or maximum sentence in the juvenile justice system. For example, in adult court, a person convicted of robbery is between the ages of 5 and 99 or living in the institutional division of the Texas Department of Criminal Justice, or possibly on probation. A juvenile offender convicted of the same offense would face a range of sentences ranging from duty to the Texas Department of Juvenile Justice until his 19th birthday or placement on probation, which can last until his 18th birthday. In some cases, the crime itself and the facts may be so egregious that a harsher sentence is justified and desired. The law provides for two alternative paths for this type of situation.
Both alternatives are only available for crimes. One option is to seek a specific sentence that would potentially allow the juvenile to eventually be transferred to adult court or prison. The other is to ask the court to waive jurisdiction over the minor and to certify the minor as an adult. The main difference between the two options is that a particular application and sentence is maintained in the juvenile court system – with the possibility of a sentence being transferred to an adult probation or adult correctional facility after the juvenile has grown up – while a juvenile tried as an adult is transferred to adult court prior to a verdict. The advantage of prosecuting a specific sentence is that it sets a range of sentence of up to 40 years. Section 53.045(a)(1)-17 of the Texas Family Code explicitly describes the crimes that qualify for a particular penalty. For example, murder, possession of a controlled substance in the first degree, sexual assault and aggravated assault are all specifically eligible, but home burglary, robbery and indecency with a child by exposure are not. Note that a minor will not be able to seal their criminal record if a decision is made on a particular request. To receive a specific sentence, the prosecutor must submit a specific petition to a grand jury to approve submission to juvenile court. The grand jury must determine that there is a probable reason and also decide whether or not to grant permission to submit a particular application.
(The grand jury does not issue an indictment decision in the case. This is the only situation in which a juvenile petition pending in juvenile court can be submitted to a grand jury.) Once the grand jury approves the motion in question, it goes to juvenile court and is called a modified motion. The juvenile defendant must then be personally served with this new application, which announces the State`s intention to request a specific penalty. Although not mandatory, a prosecutor may seek the advice of a grand jury in situations where it is unclear whether charges should be laid against a minor. The grand jury has the same power to review the case as in adult cases. If the grand jury decides that no charges should be laid, the prosecutor cannot file a motion for a crime unless the same or a subsequent grand jury approves the motion. On the other hand, if the grand jury agrees to a motion for the offence, the prosecutor may file the motion under section 53.04. In a case involving a more serious offence, a judge may order that the minor be taken to a secure juvenile detention centre for a period of more than one year. At the discretion of the judge, a juvenile may be sentenced to a « mixed » sentence – a period of time in a juvenile institution, followed by transfer to an adult institution when the juvenile is no longer a minor.
Yes, but only in very limited circumstances. An unruly minor may not be held in police custody for more than 24 hours, unless part of that time falls on a weekend or public holiday. After 24 hours of secure custody, an unruly minor must be returned to the care of a parent or guardian, unless the court has issued a precarious custody order. You can read more about the legal criteria for safe and unsafe custody in G.S. 7B-1903. What legal options are available to youth and families? The other option available to prosecutors when dealing with a case involving a serious crime is to ask the juvenile court to relinquish jurisdiction and hear the case in adult criminal court – in other words, to try to certify the minor as an adult.