A juvenile who was assessed a probated sentence under the determinate sentencing stuff was ordered to continue his probation as an adult. Apparently this is a first in our county, as nobody knows how to deal with the file and paperwork to transfer to the adult system.
Do we open a new case number with our district clerk and file the order transferring the case to the adult system? Are new conditions of probation prepared and filed? I haven't seen the order yet so I don't really know what it says. My question is what sort of paperwork do we need in order to affect (effect?) this transfer?
We did several in Ft. Bend Co. while I was there.
It was a mess for us too.
I'm in Gregg Co. now but try to contact Bob Yack or Tyra McCollum there and they should be able to help you with the paperwork we used.
We prepare new adult orders of probation, and have the juvenile come in on his 18th birthday to sign. We do get a new cause number. hope this helps.
We have only transferred two juveniles' determinate sentencing probation to adult court, but we have handled it this way.
In the order transferring the kid's determinate sentencing probation supervision to the district court, I included a separate paragraph which orders the District Clerk to "open" a new adult file with a cause number to be assigned by the Clerk and include a certified copy of the said order from the juvenile cause. Then the Clerk is ordered to "close" the juvenile cause file.
My District Clerk requires a order, in the absence of a charging instrument, to create an adult file, and an order to "close" the juvenile file, because it will obviously never be acted upon again. She merely gave the new adult file the next available felony cause number. Then I had already obtained a setting for a hearing in felony court, which is the same court in our county, and provided notice on the record to the former juvenile and his attorney at the transfer hearing in juvenile court of when to appear in felony court for a hearing where the adult probation conditions would be imposed.
At the hearing in felony court, I prepared an order which contained our standard adult probation conditions, with the change that said cause was a transfer of determinate sentencing probation from the juvenile court. The young men were then ordered in open court to follow the conditions as written, provided a copy of the order, and were processed by the Adult Probation Office just like any other felony probationer. This process seemed to have worked well. Any questions, call me at 817-598-6124. Ask for Eddy.
I know this is an old thread, but I hope someone will respond. I have a juvenile that went to a jury trial on a determinate sentencing case. The allegations were found to be true and he was subsequently sentenced to probation. The probation has now been transferred to adult probation. This is apparently the first time anyone can remember of this happening. Adult Probation is telling me they have to have a new judgment signed by the adult court. Does anyone have an example of such a judgment they could share? I can't find anything that says we have to do a new judgment. We did do adult orders.
Any help would be appreciated.
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