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.

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Collin County Juvenile Justice System — A Defense Lawyer’s Perspective

August 13, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Often parents dealing with the juvenile justice system feel like they’re wading deeper and deeper into quicksand.  Believe me — I get it!  Today’s blog is about giving you a defense lawyer’s take.

For starters, Collin County has a dedicated Court for juvenile cases — that being the 417th District Court.  Regardless of the level of offense (for everything over a Class C), any and all juvenile cases are currently brought in that court.  The Court is assigned a team of 3 prosecutors by the Collin County District Attorney’s office and there is also a team of juvenile probation officers which assist the Court and the DA’s office in making evaluations and reccomendations.

Probably the biggest source of frustration for parents and defense attorneys alike is the unique rehabilitative role played by the State (and by State I am combining the prosecutors and the probation officers) when it comes into conflict with your juvenile’s legal rights.  The State often isn’t as concerned as they need to be about the rights of your son or daughter — and experience tells me they often they skip the facts of the case and proceed to the punishment or “rehabilitative” phase of the case too quickly.

Not only that, but sometimes it seems as if the evaluator comes away with a very different take on a conversation with a parent than the parent may think.  I don’t pretend to know exactly why, but it’s not uncommon for the parents to tell someone evaluating their child or teenager something like,

“He’s a good kid and he helps others… sometimes he doesn’t pay attention to me and that gets frustrating, but he’s been doing better lately…”

And what makes it into the report that’s submitted to the prosecutor or the Judge is, “Parent says the child doesn’t pay attention to them and the parent is frustrated with the juvenile…”

I believe strongly that your juvenile needs a voice too.  Maybe your juvenile didn’t do anything wrong at all.  Maybe they made a a bad mistake or even hurt someone.  Regardless, isn’t one of the worst lessons your teenager can take from dealing with the justice system is that authority figures can make-up the rules as they go along?  How motivated will a teenager be to do better when they think authority figures will still treat them unfairly even when they do their best?

*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 specific legal advice you should consult an attorney directly.

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Jail Release for a Juvenile Under 17 Years In Texas

May 27, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Juvenile arrests in Texas (children younger than 17 years of age) are different from adult arrests.

Whereas an adult has a right to see a magistrate within 24-48 hours after arrest (depending on the level of offense), a juvenile has no such right.  See Texas Family Code Chapters 53.02 and 54.01.

The Immediate Determination

A Judge or “other authorized officer” makes an immediate determination as to weather the child should be detained under factors which include;

(1) whether or not the juvenile is likely to abscond,

(2) the degree of parental supervision at home,

(3) whether a firearm was involved,

(4) and the likelihood of re-offending if released.

For more specifics, you can read Tex.Fam.C. 53.02.

After the Immediate Determination

If it is determined that the child should be detained under 53.02, then “not after the second working day after the arrest,” the juvenile is entitled to a “Detention hearing” under 54.01.

The Juvenile Detention Hearing

At the detention hearing it is determined whether the juvenile should be detained for an additional 10 working-days based on the same general criterion as discussed above.  After another 10 days, the juvenile is entitled to another hearing.

The Police and Juvenile System Aren’t Always there to Help

This process can be confounding to parents who are dealing with the trauma of having a child arrested.  The police and the state can seem sympathetic, but unfortunately they often bring their institutional mind-frame to dealing with you and your child.

Getting your child released back to you can be a difficult and delicate process under the rules discussed above.  You should seek attorney representation as soon as possible to maximize the chances of getting your child out of the machine that is the juvenile process.

After the release, there are generally charges which must be answered in court.  But that’s another issue altogether.  Obviously an experienced lawyer helps there too.

*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 specific legal advice, you should consult an attorney directly.

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Posted by Jeremy Rosenthal, Esq.