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Our juvenile probation office just referred a case to a neighboring county under 51.06(a)(2)(C). Their position is that as long as the other county accepts the case for prosecution they are free to do so without the consent of the juvenile court or the prosecuting juvenile attorney (myself). Obviously I have a problem with that but I also see legal issues with the fact the court has already appointed him an attorney for a detention hearing (is that attorney still his attorney?) what about his conditions of release? I couldn't find any case law on the issue or AG's opinions any help would be appreciated. | ||
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Member |
53.01(d) may help you depending on the type of charge. If not I'd call the "receiving" county. I'd be reluctant to accept a case in my county if I knew the sending county prosecutor didn't want it sent my way. | |||
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