| 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 CHAPTER 51. GENERAL PROVISIONS (g) Except for a child detained in a juvenile processing office, a place of nonsecure custody, a secure detention facility as provided by Subsection (j), or a facility as provided by Subsection (l), a child detained in a building that contains a jail or lockup may not have any contact with: (1) part-time or full-time security staff, including management, who have contact with adults detained in the same building; or (2) direct-care staff who have contact with adults detained in the same building. (h) This section does not apply to a person: (1) after transfer to criminal court for prosecution under Section 54.02; or (2) who is at least 17 years of age and who has been taken into custody after having: (A) escaped from a juvenile facility operated by or under contract with the Texas Youth Commission; or (B) violated a condition of release under supervision of the Texas Youth Commission. (i) Except for a facility as provided by Subsection (l), a governmental unit or private entity that operates or contracts for the operation of a juvenile pre-adjudication secure detention facility under Subsection (b-1) in this state shall: (1) register the facility annually with the Texas Juvenile Probation Commission; and (2) adhere to all applicable minimum standards for the facility. (j) After being taken into custody, a child may be detained in a secure detention facility until the child is released under Section 53.01, 53.012, or 53.02 or until a detention hearing is held under Section 54.01(a), regardless of whether the facility has been certified under Subsection (c), if: (1) a certified juvenile detention facility is not available in the county in which the child is taken into custody; (2) the detention facility complies with: (A) the short-term detention standards adopted by the Texas Juvenile Probation Commission; and (B) the requirements of Subsection (f); and (3) the detention facility has been designated by the county juvenile board for the county in which the facility is located. (k) If a child who is detained under Subsection (j) or (l) is not released from detention at the conclusion of the detention hearing for a reason stated in Section 54.01(e), the child may be detained after the hearing only in a certified juvenile detention facility. (l) A child who is taken into custody and required to be detained under Section 53.02(f) may be detained in a county jail or other facility until the child is released under Section 53.02(f) or until a detention hearing is held as required by Section 54.01(p), regardless of whether the facility complies with the requirements of this section, if: (1) a certified juvenile detention facility or a secure detention facility described by Subsection (j) is not available in the county in which the child is taken into custody or in an adjacent county; (2) the facility has been designated by the county juvenile board for the county in which the facility is located; (3) the child is separated by sight and sound from adults detained in the same facility through architectural design or time-phasing; (4) the child does not have any contact with management or direct-care staff that has contact with adults detained in the same facility on the same work shift; (5) the county in which the child is taken into custody is not located in a metropolitan statistical area as designated by the United States Bureau of the Census; and (6) each judge of the juvenile court and a majority of the members of the juvenile board of the county in which the child is taken into custody have personally inspected the facility at least annually and have certified in writing to the Texas Juvenile Probation Commission that the facility complies with the requirements of Subdivisions (3) and (4). (m) The Texas Juvenile Probation Commission may deny, suspend, or revoke the registration of any facility required to register under Subsection (i) if the facility fails to: (1) adhere to all applicable minimum standards for the facility; or (2) timely correct any notice of noncompliance with minimum standards. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2155, ch. 693, Sec. 10, 11, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 293, Sec. 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 149, Sec. 31, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 12, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 772, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1374, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 232, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 2, eff; Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 13, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 5, eff. June 8, 2007. Sec. 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES. (a) A post-adjudication secure correctional facility for juvenile offenders may be operated only by: (1) a governmental unit in this state as defined by Section 101.001, Civil Practice and Remedies Code; or (2) a private entity under a contract with a governmental unit in this state. (b) In each county, each judge of the juvenile court and a majority of the members of the juvenile board shall personally inspect all public or private juvenile post-adjudication secure correctional facilities that are not operated by the Texas Youth Commission and that are located in the county at least annually and shall certify in writing to the authorities responsible for operating and giving financial support to the facilities and to the Texas Juvenile Probation Commission that the facility or facilities are suitable or unsuitable for the confinement of children. In determining whether a facility is suitable or unsuitable for the confinement of children, the juvenile court judges and juvenile board members shall consider: (1) current monitoring and inspection reports and any noncompliance citation reports issued by the Texas Juvenile Probation Commission, including the report provided under Subsection (c), and the status of any required corrective actions; and (2) the other factors described under Sections 51.12(c)(2)-(7). (c) The Texas Juvenile Probation Commission shall annually inspect each public or private juvenile post-adjudication secure correctional facility that is not operated by the Texas Youth Commission. The Texas Juvenile Probation Commission shall provide a report to each juvenile court judge presiding in the same county as an inspected facility indicating whether the facility is suitable or unsuitable for the confinement of children in accordance with minimum professional standards for the confinement of children in post-adjudication secure confinement promulgated by the Texas Juvenile Probation Commission or, at the election of the juvenile board of the county in which the facility is located, the current standards promulgated by the American Correctional Association. (d) A governmental unit or private entity that operates or contracts for the operation of a juvenile post-adjudication secure correctional facility in this state under Subsection (a), except for a facility operated by or under contract with the Texas Youth Commission, shall: (1) register the facility annually with the Texas Juvenile Probation Commission; and (2) adhere to all applicable minimum standards for the facility. (e) The Texas Juvenile Probation Commission may deny, suspend, or revoke the registration of any facility required to register under Subsection (d) if the facility fails to: (1) adhere to all applicable minimum standards for the facility; or (2) timely correct any notice of noncompliance with minimum standards. Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 6, eff. June 8, 2007. Sec. 51.13. EFFECT OF ADJUDICATION OR DISPOSITION. (a) Except as provided by Subsection (d), an order of adjudication or disposition in a proceeding under this title is not a conviction of crime. Except as provided by Chapter 841, Health and Safety Code, an order of adjudication or disposition does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment. (b) The adjudication or disposition of a child or evidence adduced in a hearing under this title may be used only in subsequent: (1) proceedings under this title in which the child is a party; (2) sentencing proceedings in criminal court against the child to the extent permitted by the Texas Code of Criminal Procedure, 1965; or (3) civil commitment proceedings under Chapter 841, Health and Safety Code. (c) A child may not be committed or transferred to a penal institution or other facility used primarily for the execution of sentences of persons convicted of crime, except: (1) for temporary detention in a jail or lockup pending juvenile court hearing or disposition under conditions meeting the requirements of Section 51.12 of this code; (2) after transfer for prosecution in criminal court under Section 54.02 of this code; or (3) after transfer from the Texas Youth Commission under Section 61.084, Human Resources Code. (d) An adjudication under Section 54.03 that a child engaged in conduct that occurred on or after January 1, 1996, and that constitutes a felony offense resulting in commitment to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony conviction only for the purposes of Sections 12.42(a), (b), (c)(1), and (e), Penal Code. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1987, 70th Leg., ch. 385, Sec. 3, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 799, Sec. 1, eff. June 18, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 13, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, Sec. 4.02, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 6, eff. Sept. 1, 2003. Sec. 51.151. POLYGRAPH EXAMINATION. If a child is taken into custody under Section 52.01 of this code, a person may not administer a polygraph examination to the child without the consent of the child's attorney or the juvenile court unless the child is transferred to criminal court for prosecution under Section 54.02 of this code. Added by Acts 1987, 70th Leg., ch. 708, Sec. 1, eff. Sept. 1, 1987. Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the burden of proof to be borne by the state in adjudicating a child to be delinquent or in need of supervision under Section 54.03(f) or otherwise when in conflict with a provision of this title, the Texas Rules of Civil Procedure govern proceedings under this title. (b) Discovery in a proceeding under this title is governed by the Code of Criminal Procedure and by case decisions in criminal cases. (c) Except as otherwise provided by this title, the Texas Rules of Evidence apply to criminal cases and Articles 33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in a judicial proceeding under this title. (d) When on the motion for appointment of an interpreter by a party or on the motion of the juvenile court, in any proceeding under this title, the court determines that the child, the child's parent or guardian, or a witness does not understand and speak English, an interpreter must be sworn to interpret for the person as provided by Article 38.30, Code of Criminal Procedure. (e) In any proceeding under this title, if a party notifies the court that the child, the child's parent or guardian, or a witness is deaf, the court shall appoint a qualified interpreter to interpret the proceedings in any language, including sign language, that the deaf person can understand, as provided by Article 38.31, Code of Criminal Procedure. (f) Any requirement under this title that a document contain a person's signature, including the signature of a judge or a clerk of the court, is satisfied if the document contains the signature of the person as captured on an electronic device or as a digital signature. Article 2.26, Code of Criminal Procedure, applies in a proceeding held under this title. (g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of Criminal Procedure, relating to the name of an adult defendant in a criminal case, apply to a child in a proceeding held under this title. (h) Articles 57.01 and 57.02, Code of Criminal Procedure, relating to the use of a pseudonym by a victim in a criminal case, apply in a proceeding held under this title. (i) Except as provided by Section 56.03(f), the state is not required to pay any cost or fee otherwise imposed for court proceedings in either the trial or appellate courts. Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 14, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1477, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 7, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 6, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 9, eff. September 1, 2007. Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE JUVENILE COURT. (a) This section applies only to a child who has a right to a trial before a juvenile court the judge of which is not an attorney licensed in this state. (b) On any matter that may lead to an order appealable under Section 56.01 of this code, a child may be tried before either the juvenile court or the alternate juvenile court. (c) The child may elect to be tried before the alternate juvenile court only if the child files a written notice with that court not later than 10 days before the date of the trial. After the notice is filed, the child may be tried only in the alternate juvenile court. If the child does not file a notice as provided by this subsection, the child may be tried only in the juvenile court. (d) If the child is tried before the juvenile court, the child is not entitled to a trial de novo before the alternate juvenile court. (e) The child may appeal any order of the juvenile court or alternate juvenile court only as provided by Section 56.01 of this code. Added by Acts 1977, 65th Leg., p. 1112, ch. 411, Sec. 2, eff. June 15, 1977. Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 3, eff. Aug. 30, 1993. Sec. 51.19. LIMITATION PERIODS. (a) The limitation periods and the procedures for applying the limitation periods under Chapter 12, Code of Criminal Procedure, and other statutory law apply to proceedings under this title. (b) For purposes of computing a limitation period, a petition filed in juvenile court for a transfer or an adjudication hearing is equivalent to an indictment or information and is treated as presented when the petition is filed in the proper court. (c) The limitation period is two years for an offense or conduct that is not given a specific limitation period under Chapter 12, Code of Criminal Procedure, or other statutory law. Added by Acts 1997, 75th Leg., ch. 1086, Sec. 6, eff. Sept. 1, 1997. Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any stage of the proceedings under this title, the juvenile court may order a child who is referred to the juvenile court or who is alleged by a petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision to be examined by a disinterested expert, including a physician, psychiatrist, or psychologist, qualified by education and clinical training in mental health or mental retardation and experienced in forensic evaluation, to determine whether the child has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with mental retardation as defined by Section 591.003, Health and Safety Code. If the examination is to include a determination of the child's fitness to proceed, an expert may be appointed to conduct the examination only if the expert is qualified under Subchapter B, Chapter 46B, Code of Criminal Procedure, to examine a defendant in a criminal case, and the examination and the report resulting from an examination under this subsection must comply with the requirements under Subchapter B, Chapter 46B, Code of Criminal Procedure, for the examination and resulting report of a defendant in a criminal case. (b) If, after conducting an examination of a child ordered under Subsection (a) and reviewing any other relevant information, there is reason to believe that the child has a mental illness or mental retardation, the probation department shall refer the child to the local mental health or mental retardation authority for evaluation and services, unless the prosecuting attorney has filed a petition under Section 53.04. (c) If, while a child is under deferred prosecution supervision or court-ordered probation, a qualified professional determines that the child has a mental illness or mental retardation and the child is not currently receiving treatment services for the mental illness or mental retardation, the probation department shall refer the child to the local mental health or mental retardation authority for evaluation and services. (d) A probation department shall report each referral of a child to a local mental health or mental retardation authority made under Subsection (b) or (c) to the Texas Juvenile Probation Commission in a format specified by the commission. (e) At any stage of the proceedings under this title, the juvenile court may order a child who has been referred to the juvenile court or who is alleged by the petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision to be subjected to a physical examination by a licensed physician. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 4, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 828, Sec. 5(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 35, Sec. 6, eff. Jan. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 7, eff. September 1, 2005. Sec. 51.21. MENTAL HEALTH SCREENING AND REFERRAL. (a) A probation department that administers the mental health screening instrument or clinical assessment required by Section 141.042(e), Human Resources Code, shall refer the child to the local mental health authority for assessment and evaluation if: (1) the child's scores on the screening instrument or clinical assessment indicate a need for further mental health assessment and evaluation; and (2) the department and child do not have access to an internal, contract, or private mental health professional. (b) A probation department shall report each referral of a child to a local mental health authority made under Subsection (a) to the Texas Juvenile Probation Commission in a format specified by the commission. Added by Acts 2005, 79th Leg., Ch. 949, Sec. 8, eff. September 1, 2005. |