TDCAA TDCAA Community Juvenile Law Questioning a Juvenile During Grand Jury Advice (53.035) for a Non Arrest Case
Has anyone ever sought grand jury advice on a juvenile non-arrest case? I have a case that I am going to be submitting for grand jury advice under TFC 53.035. In adult cases where there has been no arrest made and the grand jury is considering an indictment many times the suspect will be subpoenaed to testify concerning the matter being considered. CCP 20.17 gives the guidelines for quesitoning a suspect in a grand jury proceeding, ie they have to be properly warned under CCP 20.17(C). QUESTION: Does the grand jury have the same power under TFC 53.035 to question a juvenile suspect that has not been arrested? The family code specifically says under 53.035(b) that the "grand jury has the same jurisdiction and powers to investigate the facts and circumstances concerning an offese referred to the grand jury under this section as it has to investigate other criminal activity". So this cautiously leads me to think that if properly warned they do have the authority to question them under oath. Any direction or advice would be greatly appreciated.
That's how I've done it in the past.
I've also heard that other counties believe that you need a 51.09 waiver with an attorney but I think that's overkill.
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