When the District Attorney files charges against a child, a probation officer initiates a court
investigation. A
conference is held with the parents, guardians and others involved with the child. After a detailed
assessment
of the child's behavior, home, school and social relationships, the Officer writes a predisposition report
that
is considered by the judge at the time of the disposition hearing. Several hearings take place prior to the
disposition hearing.
First Appearance
Once charges have been filed against the child, the case is set for a first appearance in court. The
child is
expected to appear on the specified date with his parents and an attorney. The law requires that the
child be
represented by an attorney as cited in the Texas Family Code §51.10. If the parents have not
retained an
attorney, but are making an honest effort to retain one, the District Attorney will likely pass the
case for a
period of approximately two weeks in order for the parents to retain an attorney.
Announcement Hearing
Two or three weeks following the first appearance the case is set for an announcement
hearing. During this
appearance the defense attorney and the prosecutor will discuss the state's recommendation
to the court. If an
agreement between two sides is reached, a plea of true will be entered and a hearing will be
set before the
court within two weeks. Several announcement hearings may be conducted before reaching an
agreement. If an
agreement can not be made the hearing will be set for a trial, before either the judge or a
jury.
Adjudication
In a court proceeding called an adjudication hearing, the juvenile accused of the
crime, the juvenile's family
and attorney appear before a judge or jury that will decide if the juvenile
committed a delinquent act or
conduct indicating a need for supervision. If a court finds that a person has
engaged in delinquent conduct or
conduct indicating a need for supervision, then the court must set a date and time
for a separate disposition
hearing.
Disposition
At the disposition hearing, the court may place the juvenile on varying
levels of probation, place the juvenile
in a private, state or local residential facility, or commit the offender to
the Texas Juvenile Justice
Department.
For certain serious offenses, the juvenile court also has the option of
allowing the use of determinate
sentencing. The determinate sentencing law allows a juvenile to be confined
up to forty years. The first part of
the sentence would be served in a Texas Juvenile Justice Department
facility, followed by an optional court
transfer to state prison. At the disposition hearing, the juvenile court may
order the child and/or his parents
or guardians to perform community service and/or pay restitution to the
victim. Victims have the right to
provide pertinent information about the impact of the offense on the victim
and the victim's family.
Release Proceedings
At any time during placement, a juvenile may be eligible for release.
This may be as a result of the juvenile's
compliance with all court-ordered conditions, or an administrative
decision to release the juvenile. Upon
request, victims have the right to be notified when the juvenile is
being considered for release.
Appeals
A juvenile has the right to appeal court decisions. The
victim has the right to be informed of the status of the
appeal process in the event that the juvenile determines to
exercise that right.
Threats
If a victim is subjected to threats or intimidation,
contact your local law enforcement agency.
EXCERPTS, WHEN A CHILD BREAKS THE LAW IN TEXAS BY
TEXAS JUVENILE PROBATION COMMISSION.