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Can anyone tell me why a person is still eligible for probation when they have a juvenile conviction (TYC)....? I'd like to know where it is in the code.
 
Posts: 26 | Location: Lufkin, TX | Registered: July 01, 2003Reply With QuoteReport This Post
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They are still eligible because they have not been convicted. Rather, they were adjudicated. The Penal Code, CCP, and Rules of Evidence specifically state where you can use a juvenile adjudication for some other purpose. If a provision does not specifically say you can use a juvenile adjudication, it basically means you cannot.
 
Posts: 2131 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Juveniles don't get convicted. They don't plead guilty. The plead true and are adjudicated. Semantics that make a difference. So, absent some special statute defining the juvenile adjudication as a conviction, it doesn't count. For a special statute, see Chapter 12, PC. No such statute in 42.12, CCP.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Thanks. That's what I needed to hear - I was going crazy looking for it in Ch. 42.
 
Posts: 26 | Location: Lufkin, TX | Registered: July 01, 2003Reply With QuoteReport This Post
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Make sure your kid's TYC trip was not for a state jail felony grade offense. There is some case law out there that makes such adjudication/dispositions to TYC ineligible for enhancement purposes.
 
Posts: 476 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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I think there is some stuff in the family code that lays this out more specifically. I haven't been able to get my hands on it yet.
 
Posts: 2131 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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� 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS.

(f) For the purposes of Subsections (a), (b), (c)(1), and
(e), an adjudication by a juvenile court under Section 54.03, Family Code, that a child engaged in delinquent conduct on or after January 1, 1996, constituting a felony offense for which the child is committed to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), Family Code, is a final felony conviction.
 
Posts: 48 | Location: Hill County | Registered: February 12, 2004Reply With QuoteReport This Post
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