Juvenile Law

Juvenile law is a unique area within the criminal law system. Accusations of violent felony delinquent conduct could mean your child is certified as an adult. Then they are tried in the adult legal system. A juvenile criminal record can affect college acceptance or financial aid. It can even affect the ability to seek other government programs or assistance.

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Adjudication

Juvenile law cases have two phases. The two phases of a juvenile case are adjudication and disposition. Adjudication is essentially a hearing or trial on the merits of the charge petitioned by the government. Essentially, adjudication is the finding of guilt or not.

Deferred Prosecution

Deferred prosecution is an alternative to seeking a formal adjudication. It is essentially a period of supervision without adjudication. It is a contract between the juvenile and the court, and sometimes the prosecutor. Upon successful completion of the terms of the contract, the court will dismiss the prosecution.

Section 53.03(e) provides the authority for the prosecutor or the probation department to place a child on deferred prosecution. And, §53.03(i) provides authority for the court to defer prosecution.

Offenses under Penal Code Sections 49.04, 49.05, 49.06, 49.07 and 49.08 (intoxication offenses) as well as third or subsequent offenses under Alcoholic Beverage Code Section 106.04 or 106.041 (consumption of alcohol by minor and driving under the influence of alcohol by a minor) are not subject to deferred prosecution.
The court may add to the period of deferred prosecution following a previous order of deferred prosecution but the combined period may not exceed one year. §53.03(j).

Juvenile Law: The Adjudication Process

The juvenile court has exclusive jurisdiction over children between the ages of 10 and 17 for delinquent conduct and conduct indicating a need for supervision.
Delinquent Conduct under §51.03(a):

• (1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;
• (2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:
  • (A) a justice or municipal court; or
  • (B) a county court for conduct punishable only by a fine;
• (3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or
• (4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).

Conduct Indicating a Need for Supervision under §51.03(b):

• (1) subject to Subsection (f), conduct, other than a traffic offense, that violates:
  • (A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or
  • (B) the penal ordinances of any political subdivision of this state;
• (2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;
• (3) the voluntary absence of a child from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without intent to return;
• (4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;
• (5) an act that violates a school district’s previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or
• (6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

Determinate sentencing

Before proceeding to an adjudication hearing, the prosecuting attorney must first determine whether to proceed with the case as an ordinary delinquency or seek a determinate sentence.
Certification, again beyond the scope of this paper, is not a question for adjudication but rather a request by the prosecutor to transfer the case to adult court for further proceedings. For a certification to occur, there can be no adjudication.

Constitutional Protections for the Child

In 1967, the United States Supreme Court determined that juveniles charged with a crime had many of the same rights as adults. In the landmark case of In re Gault, the Supreme Court held that children held a Fifth Amendment right to be free from self-incrimination at an adjudication hearing, just like adults. Children have a right to counsel, confrontation, cross-examination, and due process. Expanded to include the state’s burden of beyond a reasonable doubt (In re Winship, 397 U.S. 358 (1970)) as well as double jeopardy protection (Breed v. Jones, 421 U.S. 519 (1975)).

No “Pro Se” Juveniles

Under §51.10(b) a child must be represented by an attorney and that right may not be waived in: (1) a hearing to consider transfer to criminal court as required by Section 54.02 of this code; (2) an adjudication hearing as required by Section 54.03 of this code; (3) a disposition hearing as required by Section 54.04 of this code; (4) a hearing prior to commitment to the Texas Youth Commission as a modified disposition in accordance with Section 54.05(f) of this code; or (5) hearings required by Chapter 55 of this code. A child must receive effective assistance of counsel. In re E.Q., 839 S.W.2d 144 (Tex.App. 1992), no writ.

With regard to the required admonishments, it is incumbent upon child or his attorney to object to the inadequate admonishments in order to preserve the claim properly for appeal.

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