This is part four of a series of articles intended to help explain to parents and other interested parties the juvenile justice system in Texas. Most of the minors who come in to the Juvenile court system are charged with relatively minor offenses and are diverted or receive deferred prosecution. However, where the child is 14 years old or above and commits a serious crime he or she may be certified and transferred to Criminal District Court and face the more draconian penalties and lose the statutory protections of the Juvenile court.
Texas Family Code section 55.44 sets out the certification and transfer process:
ยง 54.02. Waiver of Jurisdiction
and Discretionary Transfer to
Criminal Court
(a) The juvenile court may waive its
exclusive original jurisdiction and transfer
a child to the appropriate district court or
criminal district court for criminal
proceedings if:
(1) the child is alleged to have
violated a penal law of the grade of felony;
(2) the child was:
(A) 14 years of age or
older at the time he is alleged to have
committed the offense, if the offense is a
capital felony, an aggravated controlled
substance felony, or a felony of the first
degree, and no adjudication hearing has
been conducted concerning that offense;
or
(B) 15 years of age or
older at the time the child is alleged to
have committed the offense, if the offense
is a felony of the second or third degree
or a state jail felony, and no adjudication
hearing has been conducted concerning
that offense; and
(3) after a full investigation and a
hearing, the juvenile court determines that
there is probable cause to believe that the
child before the court committed the
offense alleged and that because of the
seriousness of the offense alleged or the
background of the child the welfare of the
community requires criminal proceedings.
Its important to note that there are many cases where a child commits a qualifying offense in a non-mandatory transfer situation where in he or she is not transferred. If your child is accused of a serious offense and is eligible for certification and transfer it is imperative to mount a serious legal defense at the outset of the proceedings and attempt to prevent or defeat the transfer process.
In subsequent posts, I will explain the process of the determinate sentencing in cases where a child has committed a more serious offense and faces the most serious consequences. It is critical if your child has been arrested for an offense in Texas that you talk to an attorney experienced in Texas juvenile law immediately to ensure the best possible outcome for you and your child. I have been handling juvenile cases for over 14 years as both a prosecutor and a defense attorney. My firm will handle you child's Texas juvenile case in San Antonio, Bexar county juvenile courts as well as the following counties: Atacosta, Bandera, Blanco, Comal, Gonzales, Guadalupe, Hays, Kendall. Kerr, Medina, Travis
