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Can a juvenile waive venue? We have a case that occurred in one of our outlying counties, but who is detained in a different county (all partiies want this waiver, him, his mother, his attorney, and his ad litem). His county of residence is not the USA. Can he waive venue and proceed to adjudication in the county where he is detained?
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Sec. 51.09. WAIVER OF RIGHTS. Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if:

(1) the waiver is made by the child and the attorney for the child;

(2) the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;

(3) the waiver is voluntary; and

(4) the waiver is made in writing or in court proceedings that are recorded.

and nothing in 51.06 Venue seems to preclude waiver.

The bigger question is going to be will the county you want to have venue, accept the transfer. There is nothing in the Code that would mandate that county accept the waiver, so without their voluntary acceptance I believe you/the juvi is out of luck.

Good Luck !
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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