I should preface this post by saying that I rarely, if ever, do juvenile cases, so forgive my ignorance.
I've got a sexual assault case involving several adults and 1 juvenile. I'm presenting it to the grand jury next week, and am most likely going to pursue a determinate sentence on the juvi. I am about to send target letters to the attorneys for all of the adults, inviting them each to testify before the grand jury. Can I follow that same procedure with the juvi or is there some other procedure I must employ? Looking at 53.035 and 53.045, it seems that I can handle him just the same as his grown-u p cohorts. Am I missing something?
Apparently I know less about using the little icon doo-dads than I do about juvenile law!
My reading of the Code is the same as yours. I believe that if you are going to the grand jury with a juvi case you handle it just as you would an adult, with the exception of the paperwork at the end of course. However, we don't put the juvi's name on the Grand Jury docket, either just his/her initials or a note that the case is "In the Matter of a Juvenile". Keep in mind 51.09 if you are going to have him sign anything.
If you need any juvi paperwork for a Determinate, I can email you whatever you need.
So regarding the standard target warnings given IF he chooses to testify, I'd be ok having him sign off on them so long as the attorney is outside and available to advise him, right? There is no need to allow the attorney to be present with him for the warnings, is there?
That's how it looks to me anyway....
Yes I think you're fine as long as he is not in custody, but in an abundance of caution I might have the attorney sign the warnings if you have them in writing. I'm of both minds to that question, when you think about it his GJ testimony would technically fall under 51.095 and the attorney would not have to sign but then again I can see where a court not really familiar with the ins and outs of juvi stuff might find that 51.09 applied to any other rights he might be waiving by appearing before the GJ too. Better safe than sorry and if an attorney is going to let his guy testify anyway, I'd bet he'd sign a standard waiver too
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.