Juvenile Defense attorney IN sAN aNTONIO, tx

Juvenile Cases Transfer To Adult Court

In the most serious cases, the prosecutor will determine whether the juvenile’s case should be transferred to adult court. Rules for transferring a juvenile case to adult court are explained in § 55.19 and the other Family Code provisions and Texas Code of Criminal Procedure provisions.

By hiring an experienced juvenile defense attorney in San Antonio, TX, your attorney can present all of the mitigation and exculpatory evidence to the prosecutor in order to show them all of the reasons the case should not be filed in adult court.

Adjudication Hearing With Or Withhold Agreement In Juvenile Court

The adjudication hearing is like the guilt/innocence phase of a criminal trial in adult court. The purpose of the adjudicatory hearing is to determine whether the child is guilty or not guilty of the crime. Even if there is a plea agreement, the court will conduct the adjudication hearing to determine whether the child is in need of additional supervision.

If no plea agreement has been reached and the child is not entering a plea, then an adjudication hearing proceeds to a jury trial or a bench trial. Under Texas law, the child has a right to a jury trial. If the petition was approved by a grand jury, the jury must consist of 12 jurors. Just like in adult court, the jury’s verdict must be unanimous.

Disposition And Sentencing In Juvenile Court

In some cases, the prosecutor might agree to reduce the charges. If the child enters a plea, the attorney might request an evaluation to use as mitigation evidence in sentencing. The evaluation will look at several factors including whether the offense was committed while the child was under the influence of substances or whether the child has a history of substance abuse.

The evaluation will also look at any history of emotional problems, behavioral problems, a history of abuse or neglect poor academic achievement, limited intellectual functioning or a history of violence.

In the most serious cases, the evaluation will be considered by the court along with any mitigation presented by the criminal defense attorney for the juvenile charged in San Antonio, TX.

If the child is found delinquent, there are seven sanction levels in juvenile court including:

Juvenile Direct Appeals

In Texas, the juveniles direct appeal is governed by the Texas Rules of Appellate Procedure and Chapter 56 of the Texas Family Code. An appeal can be filed after any of the following:

• an adjudication hearing under § 54.03);
• a disposition hearing under § 54.04);
• a modification of disposition under § 54.05;
• a commitment proceeding under Chapter 55); or
• after the juvenile is transferred to the custody of the Texas Department of Criminal Justice, Institutional Division under § 56.01(c)(2)).

Although juvenile appeals are considered civil in nature, they are quasi-criminal. In many ways, they are similar to appeals in adult court because many of the constitutional protections related to criminal laws and procedures still apply. The direct ap 
peal in a juvenile case goes to the Texas Supreme Court rather than the Court of Criminal Appeals. As provided in § 51.041, if the case is remanded, the juvenile court still retains jurisdiction.

Juvenile Habeas Corpus

Juveniles have the right to apply for writs of habeas corpus under § 56.01(o). A writ of habeas corpus in a juvenile proceeding is a right given under the Texas Constitution and not the Code of Criminal Procedure. The rules for filing a habeas corpus from a juvenile case are generally governed by the Family Code.