Have a case that was just handed to me.

Def. committed crime (Ag.Sex Assault) when was 16.

Outcry not made until Def. was 17.

Def. gave statement/confession when was 18.

A DTA was issued for him after he failed to show up on a summons for hearing on Discretionary Transfer. There is some confusion here - DTA may have been issued before this, but bottom line is there is a DTA out for this 18 soon to be 19 year old.

My question is should the DTA be withdrawn and a Warrant issued in its place or should a warrant also be issued or just leave the DTA out. Plan is to cert. as adult.

Also, IF it appears that Juvi. did recieve the summons for the transfer hearing and did not appear, can a default be entered? If so, what is the Def.'s right to appeal the order granting the trans. to adult court

[This message was edited by JMH on 08-23-06 at .]

I know some counties believe that a DTA ends at 18, but I've not read or seen that anywhere in the statutes. However, there is nothing that keeps you from getting a warrant too and that is what I would do in your situation. Warrants tend to get more respose on TCIC/NCIC than a DTA.

As to the second question, I may be confused. Are you wanting to transfer his probation to adult court ? If so I think you can do that w/o him if he was properly served, especially if his 18th birthday is looming. But if he didn't show up for the hearing do you want to revoke his probation instead of tranferring ? And if so I do think he needs to be present for any revocation.

No, He hasn't been adjudicated at all. He's not on Probation and not on release w/conditions.

From what I can tell from the file, the intent looked to be that He was going to be certified as an adult. There was a "Petition for Discretionary Transfer to Criminal Court" was filed. An "Order Setting Disc.Trans. Hearing" and "Order Directing Issuance of Summons" were both signed by judge on same day as the Petition was filed. Still waiting on word from the court on whether the summons was ever recieved by Juvi.

Since he hasn't been adjudicated nor has it been transfered (as of this time) to Criminal Court (Adult) is it still permissible to issue a warrant for what is still a juvi case? Does it have to stay a juvi case until such time as Perp. brought before the juvi court and juvi is certified or can a default take place w/out his presence so long as he recieved his summons? (Maybe I'm using the wrong terminology - I was under the impression that the Petition for Discr.Trans to Crim. COurt was for the purposes of certifying as adult).

For all practical purposes a DTA IS a "warrant", either one will get him into custody.

Since he is now "over 18", certifying him as an adult is all you can do because the juvenile court has lost jurisdiction to do anything else. The applicable law is in 54.02(j).

I think that you will also need a "Motion for Detention" and, if granted, an "Order of Commitment" to hold him in the adult jail pending his hearing on the "Motion to Waive Jurisdiction" (certification). Since he's over 18, he can't be permitted contact with "juveniles" in a lockup.

I have an "over 18 packet" which contains forms for the Motion to Waive Jurisdiction and the Motion for Detention and Order of Commitment. Email me (moore_kris@dao.hctx.net) and I will email you one.

Also, once he's apprehended and locked up, if he's in an adult jail, the judge will need to set a bond. (see 54.02 (o-r)). I'm sure the judge will take his absconding into consideration when setting the bond.

Sorry JMH, I misunderstood your question. I was thinking "transfer" in terms of a Determinate Sentence and not for certification/waiver of jurisdiction.

Kris covered it well, but just to be clear, you can't tranfer him by default but if he was served and then ran you certainly can argue that you couldn't proceed before he turned 18.

Kris, any comment on the DTA only being good until the kid turns 18 ??
I have heard lots of people say that but no one can ever show me what basis that has.

Just off the top of my head - I think it is good.

It's an order from a judge saying take this person into custody and the legal document filed with the court supporting it is going to be juvenile paperwork - as in this case a petition and motion to waive jurisdiction filed in the juvenile court and under the legal authority of the Texas Family Code.

It's hard for me to see an arrest warrant being issued supported by juvenile paperwork.

I looked back carefully at the facts given in the first posting and it looks like he failed to show up when he was still 17. If so, the DTA was properly issued.

I would want to keep it in effect because it is further information showing that the state was "looking for him" and did not know his whereabouts and was, thus, unable to prosecute him prior to his becoming 18.

Thanks all.