 |
| Houston Juvenile Defense Lawyer | Detention Hearings |
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.
OVER 500 CASES DISMISSED
Please call Houston Juvenile Defense Lawyer Andy Nolen today 832-480-8951
FAMILY CODE
CHAPTER 54. JUDICIAL PROCEEDINGS
Sec. 54.01. DETENTION HEARING. (a) Except as provided by Subsection (p), if the
child is not released under Section 53.02, a detention hearing without a jury shall
be held promptly, but not later than the second working day after the child is taken
into custody; provided, however, that when a child is detained on a Friday or
Saturday, then such detention hearing shall be held on the first working day after
the child is taken into custody.
(b) Reasonable notice of the detention hearing, either oral or written, shall be given,
stating the time, place, and purpose of the hearing. Notice shall be given to the
child and, if they can be found, to his parents, guardian, or custodian. Prior to the
commencement of the hearing, the court shall inform the parties of the child's right
to counsel and to appointed counsel if they are indigent and of the child's right to
remain silent with respect to any allegations of delinquent conduct, conduct
indicating a need for supervision, or conduct that violates an order of probation
imposed by a juvenile court.
(c) At the detention hearing, the court may consider written reports from probation
officers, professional court employees, or professional consultants in addition to the
testimony of witnesses. Prior to the detention hearing, the court shall provide the
attorney for the child with access to all written matter to be considered by the court
in making the detention decision. The court may order counsel not to reveal items
to the child or his parent, guardian, or guardian ad litem if such disclosure would
materially harm the treatment and rehabilitation of the child or would
substantially decrease the likelihood of receiving information from the same or
similar sources in the future.
(d) A detention hearing may be held without the presence of the child's parents if
the court has been unable to locate them. If no parent or guardian is present, the
court shall appoint counsel or a guardian ad litem for the child.
(e) At the conclusion of the hearing, the court shall order the child released from
detention unless it finds that:
(1) he is likely to abscond or be removed from the jurisdiction of the court;
(2) suitable supervision, care, or protection for him is not being provided by a
parent, guardian, custodian, or other person;
(3) he has no parent, guardian, custodian, or other person able to return him to the
court when required;
(4) he may be dangerous to himself or may threaten the safety of the public if
released; or
(5) he has previously been found to be a delinquent child or has previously been
convicted of a penal offense punishable by a term in jail or prison and is likely to
commit an offense if released.
(f) Unless otherwise agreed in the memorandum of understanding under Section
37.011, Education Code, a release may be conditioned on requirements reasonably
necessary to insure the child's appearance at later proceedings, but the conditions of
the release must be in writing and a copy furnished to the child. In a county with a
population greater than 125,000, if a child being released under this section is
expelled under Section 37.007, Education Code, the release shall be conditioned on
the child's attending a juvenile justice alternative education program pending a
deferred prosecution or formal court disposition of the child's case.
(g) No statement made by the child at the detention hearing shall be admissible
against the child at any other hearing.
(h) A detention order extends to the conclusion of the disposition hearing, if there is
one, but in no event for more than 10 working days. Further detention orders may
be made following subsequent detention hearings. The initial detention hearing
may not be waived but subsequent detention hearings may be waived in accordance
with the requirements of Section 51.09. Each subsequent detention order shall
extend for no more than 10 working days, except that in a county that does not have
a certified juvenile detention facility, as described by Section 51.12(a)(3), each
subsequent detention order shall extend for no more than 15 working days.
(i) A child in custody may be detained for as long as 10 days without the hearing
described in Subsection (a) of this section if:
(1) a written request for shelter in detention facilities pending arrangement of
transportation to his place of residence in another state or country or another
county of this state is voluntarily executed by the child not later than the next
working day after he was taken into custody;
(2) the request for shelter contains:
(A) a statement by the child that he voluntarily agrees to submit himself to custody
and detention for a period of not longer than 10 days without a detention hearing;
(B) an allegation by the person detaining the child that the child has left his place of
residence in another state or country or another county of this state, that he is in
need of shelter, and that an effort is being made to arrange transportation to his
place of residence; and
(C) a statement by the person detaining the child that he has advised the child of
his right to demand a detention hearing under Subsection (a) of this section; and
(3) the request is signed by the juvenile court judge to evidence his knowledge of the
fact that the child is being held in detention.
(j) The request for shelter may be revoked by the child at any time, and on such
revocation, if further detention is necessary, a detention hearing shall be held not
later than the next working day in accordance with Subsections (a) through (g) of
this section.
(k) Notwithstanding anything in this title to the contrary, the child may sign a
request for shelter without the concurrence of an adult specified in Section 51.09 of
this code.
(l) The juvenile board may appoint a referee to conduct the detention hearing. The
referee shall be an attorney licensed to practice law in this state. Such payment or
additional payment as may be warranted for referee services shall be provided from
county funds. Before commencing the detention hearing, the referee shall inform
the parties who have appeared that they are entitled to have the hearing before the
juvenile court judge or a substitute judge authorized by Section 51.04(f). If a party
objects to the referee conducting the detention hearing, an authorized judge shall
conduct the hearing within 24 hours. At the conclusion of the hearing, the referee
shall transmit written findings and recommendations to the juvenile court judge or
substitute judge. The juvenile court judge or substitute judge shall adopt, modify,
or reject the referee's recommendations not later than the next working day after
the day that the judge receives the recommendations. Failure to act within that
time results in release of the child by operation of law. A recommendation that the
child be released operates to secure the child's immediate release, subject to the
power of the juvenile court judge or substitute judge to reject or modify that
recommendation. The effect of an order detaining a child shall be computed from
the time of the hearing before the referee.
(m) The detention hearing required in this section may be held in the county of the
designated place of detention where the child is being held even though the
designated place of detention is outside the county of residence of the child or the
county in which the alleged delinquent conduct, conduct indicating a need for
supervision, or probation violation occurred.
(n) An attorney appointed by the court under Section 51.10(c) because a
determination was made under this section to detain a child who was not
represented by an attorney may request on behalf of the child and is entitled to a de
novo detention hearing under this section. The attorney must make the request not
later than the 10th working day after the date the attorney is appointed. The
hearing must take place not later than the second working day after the date the
attorney filed a formal request with the court for a hearing.
(o) The court or referee shall find whether there is probable cause to believe that a
child taken into custody without an arrest warrant or a directive to apprehend has
engaged in delinquent conduct, conduct indicating a need for supervision, or
conduct that violates an order of probation imposed by a juvenile court. The court
or referee must make the finding within 48 hours, including weekends and
holidays, of the time the child was taken into custody. The court or referee may
make the finding on any reasonably reliable information without regard to
admissibility of that information under the Texas Rules of Evidence. A finding of
probable cause is required to detain a child after the 48th hour after the time the
child was taken into custody. If a court or referee finds probable cause, additional
findings of probable cause are not required in the same cause to authorize further
detention.
(p) If a child is detained in a county jail or other facility as provided by Section
51.12(l) and the child is not released under Section 53.02(f), a detention hearing
without a jury shall be held promptly, but not later than the 24th hour, excluding
weekends and holidays, after the time the child is taken into custody.
(q) If a child has not been released under Section 53.02 or this section and a petition
has not been filed under Section 53.04 or 54.05 concerning the child, the court shall
order the child released from detention not later than:
(1) the 30th working day after the date the initial detention hearing is held, if the
child is alleged to have engaged in conduct constituting a capital felony, an
aggravated controlled substance felony, or a felony of the first degree; or
(2) the 15th working day after the date the initial detention hearing is held, if the
child is alleged to have engaged in conduct constituting an offense other than an
offense listed in Subdivision (1) or conduct that violates an order of probation
imposed by a juvenile court.
(q-1) The juvenile board may impose an earlier deadline than the specified
deadlines for filing petitions under Subsection (q) and may specify the consequences
of not filing a petition by the deadline the juvenile board has established. The
juvenile board may authorize but not require the juvenile court to release a
respondent from detention for failure of the prosecutor to file a petition by the
juvenile board's deadline.
(r) On the conditional release of a child from detention by judicial order under
Subsection (f), the court, referee, or detention magistrate may order that the child's
parent, guardian, or custodian present in court at the detention hearing engage in
acts or omissions specified by the court, referee, or detention magistrate that will
assist the child in complying with the conditions of release. The order must be in
writing and a copy furnished to the parent, guardian, or custodian. An order
entered under this subsection may be enforced as provided by Chapter 61
