| HOUSTON JUVENILE DEFENSE ATTORNEY OVER 15 YEARS CRIMINAL LAW EXPERIENCE LICENSED IN BOTH STATE AND FEDERAL COURT |
| One of Houston's Top Rated Attorneys for Juvenile Cases In most cases a permanent criminal record can be avoided. Your child's entire future may rest on whether or not a final permanent conviction can be avoided. Call Attorney Andy Nolen - He has over 15 years juvenile law experience and has had over 400 criminal cases dismissed. |
| The Houston, Texas, Juvenile Defense Law Firm of Attorney Andy Nolen, represents Juveniles who have been accused of a state crime in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County. Cases handled include: Probation Violations, Assault, Credit Card Abuse, Theft, Shoplifting, Drunk Driving, Evading Arrest, Truancy, School Problems, Certification as an Adult, Juvenile Crime |
| Andy Nolen, 15 years Juvenile Defense Over 500 Criminal Cases Dismissed |
| Juvenile Justice Code Chapter 51: General Chapter 52: Referral Chapter 53: Prior To Court Chapter 54: Court Chapter 55: Mental Illness Chapter 56: Appeal Chapter 57: Victims |
| Copyright 2008 Attorney Andy Nolen |
| FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 51. GENERAL PROVISIONS reversed or modified and the case remanded to the court by the appellate court. (b) If the respondent is at least 18 years of age when the order of remand from the appellate court is received by the juvenile court, the juvenile court shall proceed as provided by Sections 54.02(o)-(r) for the detention of a person at least 18 years of age in discretionary transfer proceedings. Pending retrial of the adjudication or transfer proceeding, the juvenile court may: (1) order the respondent released from custody; (2) order the respondent detained in a juvenile detention facility; or (3) set bond and order the respondent detained in a county adult facility if bond is not made. Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 2, eff. Sept. 1, 2003. Sec. 51.0411. JURISDICTION FOR TRANSFER OR RELEASE HEARING. The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under Section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision. Added by Acts 1997, 75th Leg., ch. 1086, Sec. 3, eff. June 19, 1997. Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, or a motion for transfer of determinate sentence probation to an appropriate district court if: (1) the petition, motion to modify, or motion for transfer was filed while the respondent was younger than 18 years of age; (2) the proceeding is not complete before the respondent becomes 18 years of age; and (3) the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 years of age. Added by Acts 2001, 77th Leg., ch. 1297, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 4, eff. September 1, 2007. Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD. (a) A child who objects to the jurisdiction of the court over the child because of the age of the child must raise the objection at the adjudication hearing or discretionary transfer hearing, if any. (b) A child who does not object as provided by Subsection (a) waives any right to object to the jurisdiction of the court because of the age of the child at a later hearing or on appeal. Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1, 1996. Sec. 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision of this title requires a jury of 12 persons, that provision prevails over any other law that limits the number of members of a jury in a particular county court at law. The state and the defense are entitled to the same number of peremptory challenges allowed in a district court. Added by Acts 1987, 70th Leg., ch. 385, Sec. 2, eff. Sept. 1, 1987. Sec. 51.05. COURT SESSIONS AND FACILITIES. (a) The juvenile court shall be deemed in session at all times. Suitable quarters shall be provided by the commissioners court of each county for the hearing of cases and for the use of the judge, the probation officer, and other employees of the court. (b) The juvenile court and the juvenile board shall report annually to the commissioners court on the suitability of the quarters and facilities of the juvenile court and may make recommendations for their improvement. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, Sec. 8, eff. Sept. 1, 1975. Sec. 51.06. VENUE. (a) A proceeding under this title shall be commenced in (1) the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred; or (2) the county in which the child resides at the time the petition is filed, but only if: (A) the child was under probation supervision in that county at the time of the commission of the delinquent conduct or conduct indicating a need for supervision; (B) it cannot be determined in which county the delinquent conduct or conduct indicating a need for supervision occurred; or (C) the county in which the child resides agrees to accept the case for prosecution, in writing, prior to the case being sent to the county of residence for prosecution. (b) An application for a writ of habeas corpus brought by or on behalf of a person who has been committed to an institution under the jurisdiction of the Texas Youth Commission and which attacks the validity of the judgment of commitment shall be brought in the county in which the court that entered the judgment of commitment is located. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, Sec. 1, eff. April 26, 1983; Acts 1995, 74th Leg., ch. 262, Sec. 7, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 488, Sec. 1, eff. Sept. 1, 1999. Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION. When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision under Section 54.03, the juvenile court may transfer the case and transcripts of records and documents to the juvenile court of the county where the child resides for disposition of the case under Section 54.04. Consent by the court of the county where the child resides is not required. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 3, eff. September 1, 2005. Sec. 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by Section 51.075, a juvenile court or juvenile probation department may not engage in the practice of courtesy supervision of a child on probation. Added by Acts 2005, 79th Leg., Ch. 949, Sec. 4, eff. September 1, 2005. Sec. 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION. (a) In this section: (1) "Receiving county" means the county to which a child on probation has moved or intends to move. (2) "Sending county" means the county that: (A) originally placed the child on probation; or (B) assumed permanent supervision of the child under an inter-county transfer of probation supervision. (b) When a child on probation moves or intends to move from one county to another and intends to remain in the receiving county for at least 60 days, the juvenile probation department of the sending county shall request that the juvenile probation department of the receiving county provide interim supervision of the child. If the receiving county and the sending county are member counties within a judicial district served by one juvenile probation department, then a transfer of probation supervision is not required. (c) The juvenile probation department of the receiving county may refuse the request to provide interim supervision only if: (1) the residence of the child in the receiving county is in a residential placement facility arranged by the sending county; or (2) the residence of the child in the receiving county is in a foster care placement arranged by the Department of Family and Protective Services. (d) The juvenile probation department of the sending county shall initiate the request for interim supervision by electronic communication to the probation officer designated as the inter-county transfer officer for the juvenile probation department of the receiving county or, in the absence of this designation, to the chief juvenile probation officer. (e) The juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with the following information in the request for interim supervision initiated under Subsection (d): (1) the child's name, sex, age, race, and date of birth; (2) the name, address, date of birth, and social security or driver's license number, and telephone number, if available, of the person with whom the child proposes to reside or is residing in the receiving county; (3) the offense for which the child is on probation; (4) the length of the child's probation term; (5) a brief summary of the child's history of referrals; (6) a brief statement of any special needs of the child; (7) the name and telephone number of the child's school in the receiving county, if available; and (8) the reason for the child moving or intending to move to the receiving county. (f) Not later than 10 business days after a receiving county has agreed to provide interim supervision of a child, the juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with a copy of the following documents: (1) the petition and the adjudication and disposition orders for the child, including the child's thumbprint; (2) the child's conditions of probation; (3) the social history report for the child; (4) any psychological or psychiatric reports concerning the child; (5) the Department of Public Safety CR 43J form or tracking incident number concerning the child; (6) any law enforcement incident reports concerning the offense for which the child is on probation; (7) any sex offender registration information concerning the child; (8) any juvenile probation department progress reports concerning the child and any other pertinent documentation for the child's probation officer; (9) case plans concerning the child; (10) the Texas Juvenile Probation Commission standard assessment tool results for the child; (11) the computerized referral and case history for the child, including case disposition; (12) the child's birth certificate; (13) the child's social security number or social security card, if available; (14) the name, address, and telephone number of the contact person in the sending county's juvenile probation department; (15) Title IV-E eligibility screening information for the child, if available; (16) the address in the sending county for forwarding funds collected to which the sending county is entitled; (17) any of the child's school or immunization records that the juvenile probation department of the sending county possesses; and (18) any victim information concerning the case for which the child is on probation. (f-1) The inter-county transfer officers in the sending and receiving counties shall agree on the official start date for the period of interim supervision, which must begin no later than three business days after the date the documents required under Subsection (f) have been received and accepted by the receiving county. (g) The juvenile probation department of the receiving county shall supervise the child under the probation conditions imposed by the sending county and provide services similar to those provided to a child placed on probation under the same conditions in the receiving county. On request of the juvenile probation department of the receiving county, the juvenile court of the receiving county may modify the original probation conditions and impose new conditions using the procedures in Section 54.05. The juvenile court of the receiving county may not modify a financial probation condition imposed by the juvenile court of the sending county or the length of the child's probation term. The juvenile court of the receiving county shall designate a cause number for identifying the modification proceedings. (h) The juvenile court of the sending county may revoke probation for a violation of a condition imposed by the juvenile court of the sending county only if the condition has not been specifically modified or replaced by the juvenile court of the receiving county. The juvenile court of the receiving county may revoke probation for a violation of a condition of probation that the juvenile court of the receiving county has modified or imposed. (i) If a child is reasonably believed to have violated a condition of probation imposed by the juvenile court of the sending county, the juvenile court of the sending or receiving county may issue a directive to apprehend or detain the child in a certified detention facility, as in other cases of probation violation. In order to respond to a probation violation under this subsection, the juvenile court of the receiving county may: (1) modify the conditions of probation or extend the probation term; or (2) require that the juvenile probation department of the sending county resume direct supervision for the child. (j) On receiving a directive from the juvenile court of the receiving county under Subsection (i)(2), the juvenile probation department of the sending county shall arrange for the prompt transportation of the child back to the sending county at the expense of the sending county. The juvenile probation department in the receiving county shall provide the sending county with supporting written documentation of the incidents of violation of probation on which the request to resume direct supervision is based. (k) The juvenile probation department of the receiving county is entitled to any probation supervision fees collected from the child or the child's parent while providing interim supervision for the child. During the period of interim supervision, the receiving county shall collect and distribute to the victim monetary restitution payments in the manner specified by the sending county. At the expiration of the period of interim supervision, the receiving county shall collect and distribute directly to the victim any remaining payments. (l) The sending county is financially responsible for any special treatment program or placement that the juvenile court of the sending county requires as a condition of probation if the child's family is financially unable to pay for the program or placement. (m) Except as provided by Subsection (n), a period of interim supervision may not exceed 180 days. Permanent supervision automatically transfers to the juvenile probation department of the receiving county after the expiration of the period of interim supervision. The juvenile probation department of the receiving county may request permanent supervision from the juvenile probation department of the sending county at any time before the 180-day interim supervision period expires. After signing and entry of an order of transfer of permanent supervision by the sending county juvenile court, the juvenile probation department shall, in accordance with Section 51.073(b), promptly send the permanent supervision order and related documents to the receiving county. (m-1) If a child on interim supervision moves to another county of residence or is otherwise no longer in the receiving county before the expiration of 180 days, the receiving county shall direct the sending county to resume supervision of the child. (n) Notwithstanding Subsection (m), the period of interim supervision of a child who is placed on probation under Section 54.04(q) does not expire until the child has satisfactorily completed the greater of either 180 days or one-third of the term of probation, including one-third of the term of any extension of the probation term ordered under Section 54.05. Permanent supervision automatically transfers to the probation department of the receiving county after the expiration of the period of interim supervision under this subsection. If the state elects to initiate transfer proceedings under Section 54.051, the juvenile court of the sending county may order transfer of the permanent supervision before the expiration of the period of interim supervision under this subsection. (o) At least once every 90 days during the period of interim supervision, the juvenile probation department of the receiving county shall provide the juvenile probation department of the sending county with a progress report of supervision concerning the child. Added by Acts 2005, 79th Leg., Ch. 949, Sec. 4, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 5, eff. September 1, 2007. Sec. 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION. (a) In this section: (1) "Receiving county" means the county to which a child on probation has moved or intends to move. (2) "Sending county" means the county that: (A) originally placed the child on probation; or (B) assumed permanent supervision of the child under an inter-county transfer of probation supervision. (b) On transfer of permanent supervision of a child under Section 51.072(m) or (n), the juvenile court of the sending county shall order the juvenile probation department of the sending county to provide the juvenile probation department of the receiving county with the order of transfer. On receipt of the order of transfer, the juvenile probation department of the receiving county shall ensure that the order of transfer, the petition, the order of adjudication, the order of disposition, and the conditions of probation are filed with the clerk of the juvenile court of the |
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