HOUSTON JUVENILE DEFENSE ATTORNEY ANDY NOLEN HAS OVER 15 YEARS EXPERIENCE HANDLING JUVENILE CASES IN HARRIS COUNTY.  JUVENILE DEFENSE LAWYER NOLEN CAN HELP YOUR CHILD OR ADOLESCENT  IF HE OR SHE IS FACING A MISDEMEANOR, FELONY,  DRUG CASE,  PROBATION VIOLATION, PROBATION REVOCATION,  OR IS FACING CERTIFICATION AS AN ADULT
HOUSTON JUVENILE DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
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In most cases a
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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
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Texas Juvenile Justice Code, Houston Lawyer Andy Nolen
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
FAMILY CODE CHAPTER 53. PROCEEDINGS PRIOR TO JUDICIAL
PROCEEDINGS Sec. 53.01.  PRELIMINARY INVESTIGATION AND
DETERMINATIONS;  NOTICE TO PARENTS.

(a)  On referral of a person believed to be a child or on referral of the
person's case to the office or official designated by the juvenile board, the
intake officer, probation officer, or other person authorized by the board
shall conduct a preliminary investigation to determine whether:
(1)  the person referred to juvenile court is a child within the meaning of
this title;  and
(2)  there is probable cause to believe the person:
(A)  engaged in delinquent conduct or conduct indicating a need for
supervision;  or
(B)  is a nonoffender who has been taken into custody and is being held
solely for deportation out of the United States.
(b)  If it is determined that the person is not a child or there is no probable
cause, the person shall immediately be released.
(c)  When custody of a child is given to the office or official designated by
the juvenile board, the intake officer, probation officer, or other person
authorized by the board shall promptly give notice of the whereabouts of
the child and a statement of the reason the child was taken into custody to
the child's parent, guardian, or custodian unless the notice given under
Section 52.02(b) provided fair notice of the child's present whereabouts.
(d)  Unless the juvenile board approves a written procedure proposed by
the office of prosecuting attorney and chief juvenile probation officer which
provides otherwise, if it is determined that the person is a child and,
regardless of a finding of probable cause, or a lack thereof, there is an
allegation that the child engaged in delinquent conduct of the grade of
felony, or conduct constituting a misdemeanor offense involving violence to
a person or the use or possession of a firearm, illegal knife, or club, as
those terms are defined by Section 46.01, Penal Code, or prohibited
weapon, as described by Section 46.05, Penal Code, the case shall be
promptly forwarded to the office of the prosecuting attorney, accompanied
by:
(1)  all documents that accompanied the current referral;  and
(2)  a summary of all prior referrals of the child to the juvenile court,
juvenile probation department, or a detention facility.
(e)  If a juvenile board adopts an alternative referral plan under Subsection
(d), the board shall register the plan with the Texas Juvenile Probation
Commission.
(f)  A juvenile board may not adopt an alternate referral plan that does not
require the forwarding of a child's case to the prosecuting attorney as
provided by Subsection (d) if probable cause exists to believe that the child
engaged in delinquent conduct that violates Section 19.03, Penal Code
(capital murder), or Section 19.02, Penal Code (murder).
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended
by Acts 1995, 74th Leg., ch. 262, Sec. 21, eff. Jan. 1, 1996;  Acts 1997,
75th Leg., ch. 1374, Sec. 5, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch.
1297, Sec. 18, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 12,
eff. Sept. 1, 2003.
Sec. 53.012.  REVIEW BY PROSECUTOR.  (a)  The prosecuting attorney shall
promptly review the circumstances and allegations of a referral made
under Section 53.01 for legal sufficiency and the desirability of prosecution
and may file a petition without regard to whether probable cause was
found under Section 53.01.
(b)  If the prosecuting attorney does not file a petition requesting the
adjudication of the child referred to the prosecuting attorney, the
prosecuting attorney shall:
(1)  terminate all proceedings, if the reason is for lack of probable cause;  or
(2)  return the referral to the juvenile probation department for further
proceedings.
(c)  The juvenile probation department shall promptly refer a child who has
been returned to the department under Subsection (b)(2) and who fails or
refuses to participate in a program of the department to the prosecuting
attorney for review of the child's case and determination of whether to file
a petition.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.
Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  Each juvenile board
may adopt a progressive sanctions program using the model for
progressive sanctions in Chapter 59.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.  
Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 7, eff. Sept. 1, 1997;  Acts
2003, 78th Leg., ch. 479, Sec. 1, eff. Sept. 1, 2003.
Sec. 53.02.  RELEASE FROM DETENTION.  (a)  If a child is brought before
the court or delivered to a detention facility as authorized by Sections
51.12(a)(3) and (4), the intake or other authorized officer of the court shall
immediately make an investigation and shall release the child unless it
appears that his detention is warranted under Subsection (b). The release
may be conditioned upon requirements reasonably necessary to insure the
child's appearance at later proceedings, but the conditions of the release
must be in writing and filed with the office or official designated by the
court and a copy furnished to the child.
(b)  A child taken into custody may be detained prior to hearing on the
petition only if:
(1)  the child is likely to abscond or be removed from the jurisdiction of the
court;
(2)  suitable supervision, care, or protection for the child is not being
provided by a parent, guardian, custodian, or other person;
(3)  the child has no parent, guardian, custodian, or other person able to
return the child to the court when required;
(4)  the child may be dangerous to himself or herself or the child may
threaten the safety of the public if released;
(5)  the child 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;  or
(6)  the child's detention is required under Subsection (f).
(c)  If the child is not released, a request for detention hearing shall be
made and promptly presented to the court, and an informal detention
hearing as provided in Section 54.01 of this code shall be held promptly,
but not later than the time required by Section 54.01 of this code.
(d)  A release of a child to an adult under Subsection (a) must be
conditioned on the agreement of the adult to be subject to the jurisdiction
of the juvenile court and to an order of contempt by the court if the adult,
after notification, is unable to produce the child at later proceedings.
(e)  Unless otherwise agreed in the memorandum of understanding under
Section 37.011, Education Code, in a county with a population greater than
125,000, if a child being released under this section is expelled under
Section 37.007, Education Code, the release shall be conditioned on the
child's attending a juvenile justice alternative education program pending a
deferred prosecution or formal court disposition of the child's case.
(f)  A child who is alleged to have engaged in delinquent conduct and to
have used, possessed, or exhibited a firearm, as defined by Section 46.01,
Penal Code, in the commission of the offense shall be detained until the
child is released at the direction of the judge of the juvenile court, a
substitute judge authorized by Section 51.04(f), or a referee appointed
under Section 51.04(g), including an oral direction by telephone, or until a
detention hearing is held as required by Section 54.01.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended
by Acts 1979, 66th Leg., p. 1102, ch. 518, Sec. 1, eff. June 11, 1979;  Acts
1981, 67th Leg., p. 291, ch. 115, Sec. 1, eff. Aug. 31, 1981;  Acts 1995,
74th Leg., ch. 262, Sec. 23, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch.
1015, Sec. 17, eff. June 19, 1997;  Acts 1997, 75th Leg., ch. 1374, Sec. 6,
eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 232, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.03.  DEFERRED PROSECUTION.  (a)  Subject to Subsections (e) and
(g), if the preliminary investigation required by Section 53.01 of this code
results in a determination that further proceedings in the case are
authorized, the probation officer or other designated officer of the court,
subject to the direction of the juvenile court, may advise the parties for a
reasonable period of time not to exceed six months concerning deferred
prosecution and rehabilitation of a child if:
(1)  deferred prosecution would be in the interest of the public and the
child;
(2)  the child and his parent, guardian, or custodian consent with
knowledge that consent is not obligatory;  and
(3)  the child and his parent, guardian, or custodian are informed that they
may terminate the deferred prosecution at any point and petition the court
for a court hearing in the case.
(b)  Except as otherwise permitted by this title, the child may not be
detained during or as a result of the deferred prosecution process.
(c)  An incriminating statement made by a participant to the