Have a juvi on Probation for a Felony. Has priors as well. Kid is destined for TYC. Has some new Violations of Crt Orders that are the basis of TYC (in that the juvi has had enough warnings, etc.) and I'm wondering about the diff. in simply Modifying the conditions to send to TYC vs. Filing the Violations as new offense and sending there with the prior felony. (Not sure if I'm explaining this right, but...).
I believe that the new case, if filed, could go towards potentially labeling this juvi. as a habitual if he picks up were he left off once out of TYC and I don't have a problem with that.
But, am I opening a new set of worms in doing it that way? I'm thinking if use to modify, then I would only have to prove the violations by a preponderance before the court. But if file as new case, then would have to prove them beyond a reasonable doubt and to a jury if juvi so chooses.
Not saying that would happen, but hypothetically speaking, am I looking at it correctly?
If I'm understading your question correctly, I'd say yes and no.
Yes in that if you file the violations as a new case the burden is BRD and the juvi does have the option of a jury for adjudication, as opposed to you filing the violations as an MTR where your burden is preponderance and no right to a jury.
No in that the new violations from my reading of 51.031 are not going to count for the habitual "rating" unless they are new felonies. Also I'm not sure how you would file a new offense if your violations are just not following court orders.
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