TDCAA TDCAA Community Juvenile Law modification or transfer of determinate probation to appropriate district court or neither?
Juvenile was placed on a determinate sentence probation for aggravated assault with a deadly weapon for a period of 5 years probated for 4. At the time of the A&D juvenile was 16 years old. While on probation (and after 17th birthday), juvenile absconds from the area and a directive to apprehend is issued by the juvenile court. Juvenile has not been picked up on the DTA although it has been active for several months. Juvenile's 18th birthday is quickly approaching. Modification is filed after the DTA is issued.
1. What if anything can be done in this situation if the juvenile is not located before his/her 18th birthday?
2. Does the juvenile court have jurisdiction to legally transfer a determinate sentence probation to district court if the juvenile is not physically present at the transfer hearing?
3. Does the juvenile court have jurisdiction to transfer the specific allegations alleged in a modification of determinate probation to district court (because hearing them before transfer is not practicable)?
Any thoughts or suggestions would be greatly appreciated.
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