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I have a case where the juvenile is charged with aggravated sexual assault of a child and has since fled to Mexico. Any possibility of extraditing the juvenile?
 
Posts: 3 | Registered: May 31, 2007Reply With QuoteReport This Post
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I'm not quoting a particular statute but I suppose if the Texas Interstate Compact office sent the requisition to Mexico and they honored it, they would allow you to come pick him up. The chances of that happening I would suspect are slim to none.
 
Posts: 7 | Location: Angleton, Texas, USA | Registered: May 08, 2007Reply With QuoteReport This Post
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I have such a case on my desk. The juvenile defendant was 16 when the alleged offense took place, has since turned 17, and will be 18 early next year. I have filed a petition, and a MOTION TO WAIVE JURISDICTION, and I am preparing a Directive to Apprehend.

When the juvenile defendant is apprehended - we will then have a choice. We could withdraw the motion to waive and handle as a juvenile case (not likely). We could proceed to certify and send him to the adult court.

We would have a basis for proceeding on an over-18 certification, if he is not apprehended until after age 18, because we could argue that the state had shown due diligence, since we had been seeking him since the petition was filed and would be able to satisfy the second requirement that the state did not know the juvenile defendants whereabouts. (see FC54.02(j)(4)(A)&(B)(ii)).

I firmly believe he will come back to the US someday and when he does we will be able to proceed - whenever that occurs.

I don't believe Interstate Compact will cover extradition from Mexico.
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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No, in my search I found that the Interstate Compact will not work. Neither will going through the AG's office using Article 4 of Mexico's Penal Code. I may try your idea of the certification and waiver of jurisdiction on the juvenile.
 
Posts: 3 | Registered: May 31, 2007Reply With QuoteReport This Post
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