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<Sean Johnson>
posted
Does anyone know whether a defendant can waive the 2 days notice for a summons for a disposition? The summons has the wrong date and the wrong county.

Thanks,

Sean
 
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The juvenile respondent/defendant CAN NOT waive service. He CAN waive the two days. Any waiver made by the juvenile must also be waived by his attorney (see 51.09). Just be sure it's on the record.

That being said, your question puzzles me a bit. I assume if you have gone to disposition, then there was an adjudication hearing,and the juvenile was served as required by 53.06 - at the conclusion of the adjudication, I assume that it was reset for disposition. WHY do you need to serve him again? If he was properly served and he was properly before the court for adjudication, and he was present when the judge reset for disposition, then you should not have to serve him a second time.
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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