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We had previously filed a petition for discretionary transfer. When we got the report back from the psychologist, he recommended keeping the juvenile in the juvenile system. Do I need to file either a new or amended petition alleging the offense, or is this a "lesser-included" type situation where we could proceed to adjudication under the petition for discretionary transfer?
 
Posts: 362 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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Dismiss and refile especially since i'm assuming it's going to be going before the GJ.
 
Posts: 77 | Location: Montgomery County, Texas | Registered: July 06, 2004Reply With QuoteReport This Post
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Check the wording on your petition/motion. A petition for discretionary transfer should end with a plea to the court for transfer. Since that is not what you want - I think you should refile - whether or not you plan to take it to the Grand Jury (the wording on that one should be different, too).
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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