How to Get Your Minor Son/ Daughter Out of Jail

October 22, 2010

By Dallas and Collin County Criminal Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

The juvenile arrest system works differently than the adult arrest system in Texas.  Texas Family Code Chapters 53 and 54 govern juvenile detention proceedings.

In the adult system a person arrested sees a magistrate judge that sets a bond amount.  Once the bond is paid, the person is released.  Very simple.  With teenagers under 17 years old the process is much different and more difficult in many ways.

When a juvenile is arrested, they must be brought for a “juvenile detention hearing” within 2 business days of the arrest.  If the arrest is on a Friday or a Saturday, then the detention hearing is on the following Monday.

A juvenile detention hearing is an informal proceeding before a district judge or, if waived, before a master (an associate judge).  The State must prove just one of five elements to determine whether the teen needs to be incarcerated for an additional 10 business days under Texas Family Code 54.01(e) 1-5:

(1)  he is likely to abscond or be removed from the jurisdiction of the court;

(2)  suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person;

(3)  he has no parent, guardian, custodian, or other person able to return him to the court when required;

(4)  he may be dangerous to himself or may threaten the safety of the public if released;  or

(5)  he has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.

In Collin County, your juvenile will have the opportunity to be represented by counsel.  A lawyer can assist your minor in securing a release during the pendency of the case.  It is important to act immediately if you have a juvenile or teen that gets arrested and is posed with a detention hearing.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific case you should consult an attorney directly.


Deferred Prosecution for Minors

May 28, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

In Texas juveniles (under the age of 17) that are alleged to have committed crimes can be considered for what is known as “Deferred Prosecution” under Texas Family Code 53.03.

Deferred prosecution means that the juvenile completes an informal probation with the county and if that probation is successfully completed, then the charges are dismissed and not formally prosecuted.  If the juvenile cannot successfully complete the deferred prosecution, then they can be formally prosecuted.

Deferred prosecution for juveniles is better than deferred adjudication is for adults in adult proceedings.  In the adult world, the accused pleads guilty to the underlying charges but forever waives their ability to contest the original charges. Also, in the adult-system, the accused must gain the consent of the prosecutor to get deferred adjudication — not so in the Juvenile Court.  In Juvenile Court, the juvenile has an absolute right to request deferred prosecution directly from the judge AND the juvenile retains the ability to fight the charges later should they be placed on probation… and probation not work out.

Deferred prosecution for juveniles in Texas is almost always a win-win.  The prosecution gets to make sure the juvenile has some sort of semi-formal probation… the juvenile gets a clean record — and just as importantly the juvenile gets to retain his or her important legal rights to fight the case later if necessary.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article should be considered legal advise.  For specific legal advice, you should directly consult an attorney about your specific situation.