I am from a small county south of Dallas and we have situation that we have never had to deal with and are looking for some guidance on. Synopsis: Outcry from child victim comes up of agg sex assault. She was 5 yo at time of offense and is now 10yo. Suspect is now 18yo but obviously was a juvenile when the events took place. Failed Polygraph today and confessed. Want a warrant to arrest to cover our bases (obviously do not want to give chance to commit another offense). Which law applies Juvenile or Penal and depending on which one where do we go from there? Any help or insight is greatly appreciated. Case law would also be helpful havent really found anything worth while in that department.

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Update the suspect was twelve years old when the offense occurred and is now 18.

I think you are out of luck. See Tex. Family Code sec. 54.02(j)(2)(B) (to transfer adult for juvenile offense -- for 1st degree felony -- adult must have been 14-16 when offense took place)

We had a similar one and treated the perp as a juvenile. He jumped at the chance to handle it that way rather than the attendant publicity if we were to charge as an adult.

Thanks for the help everyone I figured out late afternoon yesterday after reading some cases and getting in the thick of the family code that I am out of luck. But thanks for the replies they are always much appreciated. Chad Morgan ADA Freestone County.