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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Attorney Andy
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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
receiving information from the same or similar sources in the future.
(f)  In making the determination required by Subsection (a) of this section, the court
shall consider, among other matters:
(1)  whether the alleged offense was against person or property, with greater weight
in favor of transfer given to offenses against the person;
(2)  the sophistication and maturity of the child;
(3)  the record and previous history of the child;  and
(4)  the prospects of adequate protection of the public and the likelihood of the
rehabilitation of the child by use of procedures, services, and facilities currently
available to the juvenile court.
(g)  If the petition alleges multiple offenses that constitute more than one criminal
transaction, the juvenile court shall either retain or transfer all offenses relating to a
single transaction.  A child is not subject to criminal prosecution at any time for any
offense arising out of a criminal transaction for which the juvenile court retains
jurisdiction.
(h)  If the juvenile court waives jurisdiction, it shall state specifically in the order its
reasons for waiver and certify its action, including the written order and findings of
the court, and shall transfer the person to the appropriate court for criminal
proceedings and cause the results of the diagnostic study of the person ordered
under Subsection (d), including psychological information, to be transferred to the
appropriate criminal prosecutor.  On transfer of the person for criminal proceedings,
the person shall be dealt with as an adult and in accordance with the Code of
Criminal Procedure.  The transfer of custody is an arrest.
(i)  A waiver under this section is a waiver of jurisdiction over the child and the
criminal court may not remand the child to the jurisdiction of the juvenile court.
(j)  The juvenile court may waive its exclusive original jurisdiction and transfer a
person to the appropriate district court or criminal district court for criminal
proceedings if:
(1)  the person is 18 years of age or older;
(2)  the person was:
(A)  10 years of age or older and under 17 years of age at the time the person is
alleged to have committed a capital felony or an offense under Section 19.02, Penal
Code;
(B)  14 years of age or older and under 17 years of age at the time the person is
alleged to have committed an aggravated controlled substance felony or a felony of
the first degree other than an offense under Section 19.02, Penal Code;  or
(C)  15 years of age or older and under 17 years of age at the time the person is
alleged to have committed a felony of the second or third degree or a state jail
felony;
(3)  no adjudication concerning the alleged offense has been made or no
adjudication hearing concerning the offense has been conducted;
(4)  the juvenile court finds from a preponderance of the evidence that:
(A)  for a reason beyond the control of the state it was not practicable to proceed in
juvenile court before the 18th birthday of the person;  or
(B)  after due diligence of the state it was not practicable to proceed in juvenile court
before the 18th birthday of the person because:
(i)  the state did not have probable cause to proceed in juvenile court and new
evidence has been found since the 18th birthday of the person;
(ii)  the person could not be found;  or
(iii)  a previous transfer order was reversed by an appellate court or set aside by a
district court;  and
(5)  the juvenile court determines that there is probable cause to believe that the
child before the court committed the offense alleged.
(k)  The petition and notice requirements of Sections 53.04, 53.05, 53.06, and
53.07 of this code must be satisfied, and the summons must state that the hearing
is for the purpose of considering waiver of jurisdiction under Subsection (j) of this
section.
(l)  The juvenile court shall conduct a hearing without a jury to consider waiver of
jurisdiction under Subsection (j) of this section.
(m)  Notwithstanding any other provision of this section, the juvenile court shall
waive its exclusive original jurisdiction and transfer a child to the appropriate district
court or criminal court for criminal proceedings if:
(1)  the child has previously been transferred to a district court or criminal district
court for criminal proceedings under this section, unless:
(A)  the child was not indicted in the matter transferred by the grand jury;
(B)  the child was found not guilty in the matter transferred;
(C)  the matter transferred was dismissed with prejudice;  or
(D)  the child was convicted in the matter transferred, the conviction was reversed on
appeal, and the appeal is final;  and
(2)  the child is alleged to have violated a penal law of the grade of felony.
(n)  A mandatory transfer under Subsection (m) may be made without conducting
the study required in discretionary transfer proceedings by Subsection (d).  The
requirements of Subsection (b) that the summons state that the purpose of the
hearing is to consider discretionary transfer to criminal court does not apply to a
transfer proceeding under Subsection (m).  In a proceeding under Subsection (m), it
is sufficient that the summons provide fair notice that the purpose of the hearing is
to consider mandatory transfer to criminal court.
(o)  If a respondent is taken into custody for possible discretionary transfer
proceedings under Subsection (j), the juvenile court shall hold a detention hearing in
the same manner as provided by Section 54.01, except that the court shall order the
respondent released unless it finds that the respondent:
(1)  is likely to abscond or be removed from the jurisdiction of the court;
(2)  may be dangerous to himself or herself or may threaten the safety of the public
if released;  or
(3)  has previously been found to be a delinquent child or has previously been
convicted of a penal offense punishable by a term of jail or prison and is likely to
commit an offense if released.
(p)  If the juvenile court does not order a respondent released under Subsection (o),
the court shall, pending the conclusion of the discretionary transfer hearing, order
that the respondent be detained in:
(1)  a certified juvenile detention facility as provided by Subsection (q);  or
(2)  an appropriate county facility for the detention of adults accused of criminal
offenses.
(q)  The detention of a respondent in a certified juvenile detention facility must
comply with the detention requirements under this title, except that, to the extent
practicable, the person shall be kept separate from children detained in the same
facility.
(r)  If the juvenile court orders a respondent detained in a county facility under
Subsection (p), the county sheriff shall take custody of the respondent under the
juvenile court's order.  The juvenile court shall set or deny bond for the respondent
as required by the Code of Criminal Procedure and other law applicable to the
pretrial detention of adults accused of criminal offenses.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts
1975, 64th Leg., p. 2156, ch. 693, Sec. 16, eff. Sept. 1, 1975;  Acts 1987, 70th
Leg., ch. 140, Sec. 1 to 3, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 262, Sec.
34, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 1477, Sec. 8, eff. Sept. 1, 1999.
Sec. 54.021.  COUNTY, JUSTICE, OR MUNICIPAL COURT:  TRUANCY.  (a)  The
juvenile court may waive its exclusive original jurisdiction and transfer a child to the
constitutional county court, if the county has a population of two million or more, or
to an appropriate justice or municipal court, with the permission of the county,
justice, or municipal court, for disposition in the manner provided by Subsection (b)
if the child is alleged to have engaged in conduct described in Section 51.03(b)(2). A
waiver of jurisdiction under this subsection may be for an individual case or for all
cases in which a child is alleged to have engaged in conduct described in Section
51.03(b)(2). The waiver of a juvenile court's exclusive original jurisdiction for all
cases in which a child is alleged to have engaged in conduct described in Section
51.03(b)(2) is effective for a period of one year.
(b)  A county, justice, or municipal court may exercise jurisdiction over a person
alleged to have engaged in conduct indicating a need for supervision by engaging in
conduct described in Section 51.03(b)(2) in a case where:
(1)  the juvenile court has waived its original jurisdiction under this section;  and
(2)  a complaint is filed by the appropriate authority in the county, justice, or
municipal court charging an offense under Section 25.094, Education Code.
(c)  A proceeding in a county, justice, or municipal court on a complaint charging an
offense under Section 25.094, Education Code, is governed by Chapter 45, Code of
Criminal Procedure.
(d)  Notwithstanding any other law, the costs assessed in a case filed in or
transferred to a constitutional county court for an offense under Section 25.093 or
25.094, Education Code, must be the same as the costs assessed for a case filed in
a justice court for an offense under Section 25. 093 or 25.094, Education Code.
(e)  The proceedings before a constitutional county court related to an offense under
Section 25.093 or 25.094, Education Code, may be recorded in any manner provided
by Section 30.00010, Government Code, for recording proceedings in a municipal
court of record.
Added by Acts 1991, 72nd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1991.  Amended by
Acts 1993, 73rd Leg., ch. 358, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch.
260, Sec. 24, eff. May 30, 1995;  Acts 1995, 74th Leg., ch. 262, Sec. 35, eff. Jan. 1,
1996;  Acts 1997, 75th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th
Leg., ch. 76, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1514, Sec. 14,
19(b), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 137, Sec. 12, eff. Sept. 1, 2003.
Sec. 54.03.  ADJUDICATION HEARING.  (a)  A child may be found to have engaged in
delinquent conduct or conduct indicating a need for supervision only after an
adjudication hearing conducted in accordance with the provisions of this section.
(b)  At the beginning of the adjudication hearing, the juvenile court judge shall
explain to the child and his parent, guardian, or guardian ad litem:
(1)  the allegations made against the child;
(2)  the nature and possible consequences of the proceedings, including the law
relating to the admissibility of the record of a juvenile court adjudication in a criminal
proceeding;
(3)  the child's privilege against self-incrimination;
(4)  the child's right to trial and to confrontation of witnesses;
(5)  the child's right to representation by an attorney if he is not already
represented;  and
(6)  the child's right to trial by jury.
(c)  Trial shall be by jury unless jury is waived in accordance with Section 51.09. If
the hearing is on a petition that has been approved by the grand jury under Section
53.045, the jury must consist of 12 persons and be selected in accordance with the
requirements in criminal cases.  Jury verdicts under this title must be unanimous.
(d)  Except as provided by Section 54.031, only material, relevant, and competent
evidence in accordance with the Texas Rules of Evidence applicable to criminal cases
and Chapter 38, Code of Criminal Procedure, may be considered in the adjudication
hearing.  Except in a detention or discretionary transfer hearing, a social history
report or social service file shall not be viewed by the court before the adjudication
decision and shall not be viewed by the jury at any time.
(e)  A child alleged to have engaged in delinquent conduct or conduct indicating a
need for supervision need not be a witness against nor otherwise incriminate
himself.  An extrajudicial statement which was obtained without fulfilling the
requirements of this title or of the constitution of this state or the United States,
may not be used in an adjudication hearing.  A statement made by the child out of
court is insufficient to support a finding of delinquent conduct or conduct indicating a
need for supervision unless it is corroborated in whole or in part by other evidence.  
An adjudication of delinquent conduct or conduct indicating a need for supervision
cannot be had upon the testimony of an accomplice unless corroborated by other
evidence tending to connect the child with the alleged delinquent conduct or conduct
indicating a need for supervision;  and the corroboration is not sufficient if it merely
shows the commission of the alleged conduct.  Evidence illegally seized or obtained
is inadmissible in an adjudication hearing.
(f)  At the conclusion of the adjudication hearing, the court or jury shall find whether
or not the child has engaged in delinquent conduct or conduct indicating a need for
supervision.  The finding must be based on competent evidence admitted at the
hearing.  The child shall be presumed to be innocent of the charges against the child
and no finding that a child has engaged in delinquent conduct or conduct indicating a
need for supervision may be returned unless the state has proved such beyond a
reasonable doubt.  In all jury cases the jury will be instructed that the burden is on
the state to prove that a child has engaged in delinquent conduct or is in need of
supervision beyond a reasonable doubt.  A child may be adjudicated as having
engaged in conduct constituting a lesser included offense as provided by Articles
37.08 and 37.09, Code of Criminal Procedure.
(g)  If the court or jury finds that the child did not engage in delinquent conduct or
conduct indicating a need for supervision, the court shall dismiss the case with
prejudice.
(h)  If the finding is that the child did engage in delinquent conduct or conduct
indicating a need for supervision, the court or jury shall state which of the allegations
in the petition were found to be established by the evidence.  The court shall also
set a date and time for the disposition hearing.
(i)  In order to preserve for appellate or collateral review the failure of the court to
provide the child the explanation required by Subsection (b), the attorney for the
child must comply with Rule 33.1, Texas Rules of Appellate Procedure, before
testimony begins or, if the adjudication is uncontested, before the child pleads to
the petition or agrees to a stipulation of evidence.
(j)  When the state and the child agree to the disposition of the case, in whole or in
part, the prosecuting attorney shall inform the court of the agreement between the
state and the child.  The court shall inform the child that the court is not required to
accept the agreement.  The court may delay a decision on whether to accept the
agreement until after reviewing a report filed under Section 54.04(b).  If the court
decides not to accept the agreement, the court shall inform the child of the court's
decision and give the child an opportunity to withdraw the plea or stipulation of
evidence.  If the court rejects the agreement, no document, testimony, or other
evidence placed before the court that relates to the rejected agreement may be
considered by the court in a subsequent hearing in the case.  A statement made by
the child before the court's rejection of the agreement to a person writing a report to
be filed under Section 54.04(b) may not be admitted into evidence in a subsequent
hearing in the case.  If the court accepts the agreement, the court shall make a
disposition in accordance with the terms of the agreement between the state and the
child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts
1975, 64th Leg., p. 2157, ch. 693, Sec. 17, eff. Sept. 1, 1975;  Acts 1979, 66th
Leg., p. 1098, ch. 514, Sec. 1, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 590,
Sec. 2, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 385, Sec. 8, eff. Sept. 1, 1987;  
Acts 1987, 70th Leg., ch. 386, Sec. 3, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch.
262, Sec. 37, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1086, Sec. 10, eff. Sept.
1, 1997;  Acts 1999, 76th Leg., ch. 1477, Sec. 9, eff. Sept. 1, 1999;  Acts 2001, 77th
Leg., ch. 1297, Sec. 22, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 17,
eff. Sept. 1, 2003.
Sec. 54.031.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  (a)  This section
applies to a hearing under this title in which a child is alleged to be a delinquent
child on the basis of a violation of any of the following provisions of the Penal Code,
if a child 12 years of age or younger is the alleged victim of the violation:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);  or
(3)  Section 43.25 (Sexual Performance by a Child).
(b)  This section applies only to statements that describe the alleged violation that:
(1)  were made by the child who is the alleged victim of the violation;  and
(2)  were made to the first person, 18 years of age or older, to whom the child made
a statement about the violation.
(c)  A statement that meets the requirements of Subsection (b) of this section is not
inadmissible because of the hearsay rule if:
(1)  on or before the 14th day before the date the hearing begins, the party
intending to offer the statement:
(A)  notifies each other party of its intention to do so;
(B)  provides each other party with the name of the witness through whom it intends
to offer the statement;  and
(C)  provides each other party with a written summary of the statement;
(2)  the juvenile court finds, in a hearing conducted outside the presence of the jury,
that the statement is reliable based on the time, content, and circumstances of the
statement;  and
FAMILY CODE
CHAPTER 54. JUDICIAL PROCEEDINGS