We have a juvenile who was charged with a Class C assault. The juvenile was given a citation by the police officer. The juvenile and his parents did not appear before the municipal judge as stated in the citation. The municipal judge has had a summons (or similar document) delivered to the juvenile and his parents to appear. They still did not appear. What can the municipal judge do in connection with the juvenile and his parents� failure to appear?
I'm certainly not an expert on juvenile law, but wouldn't Code of Criminal Procedure art. 45.050(b)(2) and (c) apply as long as the circumstances meet the requirements of subsection (d)? (Different versions apply depending on whether the conduct occurred before or after September 1, 2003.)
Also I guess you could file a delinquency petition -- violation of a muni court order is delinquent conduct under TFC 51.03(a)(2)
For offenses occuring after 9/1/03, see also Tex. Code Crim. Proc. 45.060, effective September 1, 2003, which provides for a new offense of failure to appear under a notice of continuing obligation to appear for those who after their 17th birthday have not answered allegations made before the defendant's 17th birthday. Failure to appear under this new charge is a class c misdemeanor subject to a warrant being issued for the defendant's arrest.
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