| HOUSTON JUVENILE DEFENSE ATTORNEY OVER 15 YEARS CRIMINAL LAW EXPERIENCE LICENSED IN BOTH STATE AND FEDERAL COURT |
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| 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 |
| 15 Years Experience as a Houston Juvenile Defense Attorney |
| 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 |
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| FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CH 51. GENERAL PROVISIONS Subsection (d) or appoint an attorney according to Subsection (f). (d) The court shall order a child's parent or other person responsible for support of the child to employ an attorney to represent the child, if: (1) the child is not represented by an attorney; (2) after giving the appropriate parties an opportunity to be heard, the court determines that the parent or other person responsible for support of the child is financially able to employ an attorney to represent the child; and (3) the child's right to representation by an attorney: (A) has not been waived under Section 51.09 of this code; or (B) may not be waived under Subsection (b) of this section. (e) The court may enforce orders under Subsection (d) by proceedings under Section 54.07 or by appointing counsel and ordering the parent or other person responsible for support of the child to pay a reasonable attorney's fee set by the court. The order may be enforced under Section 54.07. (f) The court shall appoint an attorney to represent the interest of a child entitled to representation by an attorney, if: (1) the child is not represented by an attorney; (2) the court determines that the child's parent or other person responsible for support of the child is financially unable to employ an attorney to represent the child; and (3) the child's right to representation by an attorney: (A) has not been waived under Section 51.09 of this code; or (B) may not be waived under Subsection (b) of this section. (g) The juvenile court may appoint an attorney in any case in which it deems representation necessary to protect the interests of the child. (h) Any attorney representing a child in proceedings under this title is entitled to 10 days to prepare for any adjudication or transfer hearing under this title. (i) Except as provided in Subsection (d) of this section, an attorney appointed under this section to represent the interests of a child shall be paid from the general fund of the county in which the proceedings were instituted according to the schedule in Article 26.05 of the Texas Code of Criminal Procedure, 1965. For this purpose, a bona fide appeal to a court of civil appeals or proceedings on the merits in the Texas Supreme Court are considered the equivalent of a bona fide appeal to the Texas Court of Criminal Appeals. (j) The juvenile board of a county may make available to the public the list of attorneys eligible for appointment to represent children in proceedings under this title as provided in the plan adopted under Section 51.102. The list of attorneys must indicate the level of case for which each attorney is eligible for appointment under Section 51.102(b)(2). (k) Subject to Chapter 61, the juvenile court may order the parent or other person responsible for support of the child to reimburse the county for payments the county made to counsel appointed to represent the child under Subsection (f) or (g). The court may: (1) order payment for each attorney who has represented the child at any hearing, including a detention hearing, discretionary transfer hearing, adjudication hearing, disposition hearing, or modification of disposition hearing; (2) include amounts paid to or on behalf of the attorney by the county for preparation time and investigative and expert witness costs; and (3) require full or partial reimbursement to the county. (l) The court may not order payments under Subsection (k) that exceed the financial ability of the parent or other person responsible for support of the child to meet the payment schedule ordered by the court. 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. 2, eff. April 26, 1983; Acts 1995, 74th Leg., ch. 262, Sec. 11, eff. Jan. 1, 1996; Acts 2001, 77th Leg., ch. 1297, Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 4, eff. Sept. 1, 2003. Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF REPRESENTATION. (a) If an attorney is appointed at the initial detention hearing and the child is detained, the attorney shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court. Release of the child from detention does not terminate the attorney's representation. (b) If there is an initial detention hearing without an attorney and the child is detained, the attorney appointed under Section 51.10(c) shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court. Release of the child from detention does not terminate the attorney's representation. (c) The juvenile court shall determine, on the filing of a petition, whether the child's family is indigent if: (1) the child is released by intake; (2) the child is released at the initial detention hearing; or (3) the case was referred to the court without the child in custody. (d) A juvenile court that makes a finding of indigence under Subsection (c) shall appoint an attorney to represent the child on or before the fifth working day after the date the petition for adjudication or discretionary transfer hearing was served on the child. An attorney appointed under this subsection shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court. (e) The juvenile court shall determine whether the child's family is indigent if a motion or petition is filed under Section 54.05 seeking to modify disposition by committing the child to the Texas Youth Commission or placing the child in a secure correctional facility. A court that makes a finding of indigence shall appoint an attorney to represent the child on or before the fifth working day after the date the petition or motion has been filed. An attorney appointed under this subsection shall continue to represent the child until the court rules on the motion or petition, the family retains an attorney, or a new attorney is appointed. Added by Acts 2001, 77th Leg., ch. 1297, Sec. 9, eff. Sept. 1, 2001. Sec. 51.102. APPOINTMENT OF COUNSEL PLAN. (a) The juvenile board in each county shall adopt a plan that: (1) specifies the qualifications necessary for an attorney to be included on an appointment list from which attorneys are appointed to represent children in proceedings under this title; and (2) establishes the procedures for: (A) including attorneys on the appointment list and removing attorneys from the list; and (B) appointing attorneys from the appointment list to individual cases. (b) A plan adopted under Subsection (a) must: (1) to the extent practicable, comply with the requirements of Article 26.04, Code of Criminal Procedure, except that: (A) the income and assets of the child's parent or other person responsible for the child's support must be used in determining whether the child is indigent; and (B) any alternative plan for appointing counsel is established by the juvenile board in the county; and (2) recognize the differences in qualifications and experience necessary for appointments to cases in which: (A) the allegation is: (i) conduct indicating a need for supervision or delinquent conduct, and commitment to the Texas Youth Commission is not an authorized disposition; or (ii) delinquent conduct, and commitment to the Texas Youth Commission without a determinate sentence is an authorized disposition; or (B) determinate sentence proceedings have been initiated or proceedings for discretionary transfer to criminal court have been initiated. Added by Acts 2001, 77th Leg., ch. 906, Sec. 11, eff. Jan. 1, 2002. Renumbered from Sec. 51.101 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(51), eff. Sept. 1, 2003. Renumbered from Sec. 51.101 and amended by Acts 2003, 78th Leg., ch. 283, Sec. 5, eff. Sept. 1, 2003. Sec. 51.11. GUARDIAN AD LITEM. (a) If a child appears before the juvenile court without a parent or guardian, the court shall appoint a guardian ad litem to protect the interests of the child. The juvenile court need not appoint a guardian ad litem if a parent or guardian appears with the child. (b) In any case in which it appears to the juvenile court that the child's parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to proceedings under this title, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings. (c) An attorney for a child may also be his guardian ad litem. A law-enforcement officer, probation officer, or other employee of the juvenile court may not be appointed guardian ad litem. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Sec. 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER GUARDIAN. (a) Each parent of a child, each managing and possessory conservator of a child, each court-appointed custodian of a child, and a guardian of the person of the child shall attend each hearing affecting the child held under: (1) Section 54.02 (waiver of jurisdiction and discretionary transfer to criminal court); (2) Section 54.03 (adjudication hearing); (3) Section 54.04 (disposition hearing); (4) Section 54.05 (hearing to modify disposition); and (5) Section 54.11 (release or transfer hearing). (b) Subsection (a) does not apply to: (1) a person for whom, for good cause shown, the court waives attendance; (2) a person who is not a resident of this state; or (3) a parent of a child for whom a managing conservator has been appointed and the parent is not a conservator of the child. (c) A person required under this section to attend a hearing is entitled to reasonable written or oral notice that includes a statement of the place, date, and time of the hearing and that the attendance of the person is required. The notice may be included with or attached to any other notice required by this chapter to be given the person. Separate notice is not required for a disposition hearing that convenes on the adjournment of an adjudication hearing. If a person required under this section fails to attend a hearing, the juvenile court may proceed with the hearing. (d) A person who is required by Subsection (a) to attend a hearing, who receives the notice of the hearing, and who fails to attend the hearing may be punished by the court for contempt by a fine of not less than $100 and not more than $1,000. In addition to or in lieu of contempt, the court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children. Added by Acts 1995, 74th Leg., ch. 262, Sec. 10, eff. Jan. 1, 1996. Sec. 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may not terminate the employment of a permanent employee because the employee is required under Section 51.115 to attend a hearing. (b) An employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when notified of the hearing if the employee, as soon as practical after the hearing, gives the employer actual notice that the employee intends to return. (c) A person who is injured because of a violation of this section is entitled to reinstatement to the person's former position and to damages, but the damages may not exceed an amount equal to six months' compensation at the rate at which the person was compensated when required to attend the hearing. (d) The injured person is also entitled to reasonable attorney's fees in an amount approved by the court. (e) It is a defense to an action brought under this section that the employer's circumstances changed while the employee attended the hearing so that reemploy |