Houston Juvenile Defense Attorney, deferred prosecution

FAMILY CODE
CHAPTER 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS

person giving advice and in the discussions or conferences incident thereto may
not be used against the declarant in any court hearing.
(d) The juvenile board may adopt a fee schedule for deferred prosecution services
and rules for the waiver of a fee for financial hardship in accordance with
guidelines that the Texas Juvenile Probation Commission shall provide. The
maximum fee is $15 a month. If the board adopts a schedule and rules for waiver,
the probation officer or other designated officer of the court shall collect the fee
authorized by the schedule from the parent, guardian, or custodian of a child for
whom a deferred prosecution is authorized under this section or waive the fee in
accordance with the rules adopted by the board. The officer shall deposit the fees
received under this section in the county treasury to the credit of a special fund
that may be used only for juvenile probation or community-based juvenile
corrections services or facilities in which a juvenile may be required to live while
under court supervision. If the board does not adopt a schedule and rules for
waiver, a fee for deferred prosecution services may not be imposed.
(e) A prosecuting attorney may defer prosecution for any child. A probation
officer or other designated officer of the court:
(1) may not defer prosecution for a child for a case that is required to be forwarded
to the prosecuting attorney under Section 53.01(d); and
(2) may defer prosecution for a child who has previously been adjudicated for
conduct that constitutes a felony only if the prosecuting attorney consents in
writing.
(f) The probation officer or other officer designated by the court supervising a
program of deferred prosecution for a child under this section shall report to the
juvenile court any violation by the child of the program.
(g) Prosecution may not be deferred for a child alleged to have engaged in conduct
that:
(1) is an offense under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code;
or
(2) is a third or subsequent offense under Section 106.04 or 106.041, Alcoholic
Beverage Code.
(h) If the child is alleged to have engaged in delinquent conduct or conduct
indicating a need for supervision that violates Section 28.08, Penal Code, deferred
prosecution under this section may include:
(1) voluntary attendance in a class with instruction in self-responsibility and
empathy for a victim of an offense conducted by a local juvenile probation
department, if the class is available; and
(2) voluntary restoration of the property damaged by the child by removing or
painting over any markings made by the child, if the owner of the property
consents to the restoration.
(i) The court may defer prosecution for a child at any time:
(1) for an adjudication that is to be decided by a jury trial, before the jury is
sworn;
(2) for an adjudication before the court, before the first witness is sworn; or
(3) for an uncontested adjudication, before the child pleads to the petition or
agrees to a stipulation of evidence.
(j) The court may add the period of deferred prosecution under Subsection (i) to a
previous order of deferred prosecution, except that the court may not place the
child on deferred prosecution for a combined period longer than one year.
(k) In deciding whether to grant deferred prosecution under Subsection (i), the
court may consider professional representations by the parties concerning the
nature of the case and the background of the respondent. The representations
made under this subsection by the child or counsel for the child are not admissible
against the child at trial should the court reject the application for deferred
prosecution.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by
Acts 1983, 68th Leg., p. 3261, ch. 565, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th
Leg., ch. 1040, Sec. 22, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 24,
eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 593, Sec. 6, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1013, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
62, Sec. 19.01(17), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 13, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949, Sec. 11, eff. September 1, 2005.
Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting attorney may, before
filing a petition under Section 53.04, refer an offense to a grand jury in the county
in which the offense is alleged to have been committed.
(b) The grand jury has the same jurisdiction and powers to investigate the facts
and circumstances concerning an offense referred to the grand jury under this
section as it has to investigate other criminal activity.
(c) If the grand jury votes to take no action on an offense referred to the grand
jury under this section, the prosecuting attorney may not file a petition under
Section 53.04 concerning the offense unless the same or a successor grand jury
approves the filing of the petition.
(d) If the grand jury votes for approval of the prosecution of an offense referred to
the grand jury under this section, the prosecuting attorney may file a petition
under Section 53.04.
(e) The approval of the prosecution of an offense by a grand jury under this
section does not constitute approval of a petition by a grand jury for purposes of
Section 53.045.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 6, eff. Sept. 1, 1999.
Sec. 53.04. COURT PETITION; ANSWER. (a) If the preliminary investigation,
required by Section 53.01 of this code results in a determination that further
proceedings are authorized and warranted, a petition for an adjudication or
transfer hearing of a child alleged to have engaged in delinquent conduct or
conduct indicating a need for supervision may be made as promptly as practicable
by a prosecuting attorney who has knowledge of the facts alleged or is informed
and believes that they are true.
(b) The proceedings shall be styled "In the matter of ______________."
(c) The petition may be on information and belief.
(d) The petition must state:
(1) with reasonable particularity the time, place, and manner of the acts alleged
and the penal law or standard of conduct allegedly violated by the acts;
(2) the name, age, and residence address, if known, of the child who is the subject
of the petition;
(3) the names and residence addresses, if known, of the parent, guardian, or
custodian of the child and of the child's spouse, if any;
(4) if the child's parent, guardian, or custodian does not reside or cannot be found
in the state, or if their places of residence are unknown, the name and residence
address of any known adult relative residing in the county or, if there is none, the
name and residence address of the known adult relative residing nearest to the
location of the court; and
(5) if the child is alleged to have engaged in habitual felony conduct, the previous
adjudications in which the child was found to have engaged in conduct violating
penal laws of the grade of felony.
(e) An oral or written answer to the petition may be made at or before the
commencement of the hearing. If there is no answer, a general denial of the
alleged conduct is assumed.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by
Acts 1995, 74th Leg., ch. 262, Sec. 25, eff. Jan. 1, 1996.
Sec. 53.045. VIOLENT OR HABITUAL OFFENDERS. (a) Except as provided by
Subsection (e), the prosecuting attorney may refer the petition to the grand jury
of the county in which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that constitutes
habitual felony conduct as described by Section 51.031 or that included the
violation of any of the following provisions:
(1) Section 19.02, Penal Code (murder);
(2) Section 19.03, Penal Code (capital murder);
(3) Section 19.04, Penal Code (manslaughter);
(4) Section 20.04, Penal Code (aggravated kidnapping);
(5) Section 22.011, Penal Code (sexual assault) or Section 22.021, Penal Code
(aggravated sexual assault);
(6) Section 22.02, Penal Code (aggravated assault);
(7) Section 29.03, Penal Code (aggravated robbery);
(8) Section 22.04, Penal Code (injury to a child, elderly individual, or disabled
individual), if the offense is punishable as a felony, other than a state jail felony;
(9) Section 22.05(b), Penal Code (felony deadly conduct involving discharging a
firearm);
(10) Subchapter D, Chapter 481, Health and Safety Code, if the conduct
constitutes a felony of the first degree or an aggravated controlled substance
felony (certain offenses involving controlled substances);
(11) Section 15.03, Penal Code (criminal solicitation);

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

Juvenile Justice Code

DELINQUENT CONDUCT;
CONDUCT INDICATING A
NEED FOR SUPERVISION
TRANSFER OF PROBATION
SUPERVISION BETWEEN
COUNTIES
ADMISSIBILITY OF A
STATEMENT OF A CHILD
APPOINTMENT OF
ATTORNEY AND
CONTINUATION OF
REPRESENTATION
POST-ADJUDICATION
CORRECTIONAL FACILITIES
PROCEDURE AND EVIDENCE
FIRST OFFENDER PROGRAM
REFERRAL TO JUVENILE
COURT; NOTICE TO PARENTS
PRELIMINARY
INVESTIGATION AND
DETERMINATIONS
deferred prosecution
TIME SET FOR HEARING
DETENTION HEARING
COUNTY, JUSTICE, OR
MUNICIPAL COURT:
TRUANCY
DEFERRAL OF
ADJUDICATION AND
DISMISSAL OF CERTAIN
CASES ON COMPLETION OF
TEEN COURT PROGRAM
CHILD PLACED ON
PROBATION FOR CONDUCT
CONSTITUTING SEXUAL
OFFENSE
MONITORING SCHOOL
ATTENDANCE
RESTITUTION FOR
DAMAGING PROPERTY
WITH GRAFFITI
PAYMENT OF PROBATION
FEES
PROCEEDINGS
CONCERNING CHILDREN
WITH MENTAL ILLNESS OR
MENTAL RETARDATION
LACK OF RESPONSIBILITY
FOR CONDUCT AS A RESULT
OF MENTAL ILLNESS OR
MENTAL RETARDATION
PROCEEDINGS FOLLOWING
FINDING OF LACK OF
RESPONSIBILITY FOR
CONDUCT
RIGHT TO APPEAL
RIGHTS OF VICTIMS

Experienced
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

HOUSTON CRIMINAL
DEFENSE LAWYER

HOUSTON CRIMINAL
DEFENSE ATTORNEY

HOUSTON DRUG
DEFENSE LAWYERS

Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors, Failure to
Stop and Give Information, Reckless Driving, Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or Deferred
Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced, or
kept off their records and we can help you.

Please call today 713-697-4373

HOUSTON JUVENILE DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT

Law Office of Criminal Attorney Andy Nolen
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713-697-4373
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Principal Office 2016 Main St. #801 Houston, Texas 77002

Houston Criminal Attorney Andy Nolen, giving his best during his 15 years courtroom experience