“This title shall be construed to effectuate
the following public purposes: to
provide for the care, the protection, and
the wholesome moral, mental, and
physical development of children
coming within its provisions and to
protect the welfare of the community and
to control the commission of unlawful
acts by children.”
Juvenile Court #1
Referee Richard Ainsa
65th District Court
Judge Yahara Lisa
Gutierrez
Juvenile Court #2
Referee Maria Teresa
Leyva-Ligon
Ralph Girvin
Juvenile Unit Chief
JPD Prosecutors:
Amy Monsivais
Linda Perez
Jose Castillo
Courthouse
Prosecutors/
Criminal Unit:
Mark Burtner
Michael Gomez
Patsy Lopez
Trial
Voir Dire
(Voir Dire)
Delinq./Not
Delinq.
(Guilty/Not Guilty)
Disposition
(Punishment)

Adult (17 yrs +)

Juvenile (10yrs-16yrs)
1. Defendant
1. Juvenile
2. State = D.A.
2. State = C.A.
3. Bond Hearing
3. Detention Hearing
4. Indictment
4. Petition
5. Guilty/Not Guilty
5. Delinquent/Not Del.
6. Conviction
6. Adjudication
7. Punishment
7. Disposition
8. Revocation
8. Modification
9. Beyond Reasonable
9. Beyond Reasonable
Doubt
Doubt

Judge must release the juvenile, unless…
 Prior adjudication
 Danger to self
 Danger to community
 Likely to abscond/be removed from the
jurisdiction
 No suitable supervision
 NOTE: Cannot pay to be released!
Law Enforcement
Agency
Juvenile Probation
Department
Deferred Prosecution Program
(DPP)(some misdemeanor
cases)
El Paso County Attorney’s Office
Decline/DPP
Case
Petition as
Indeterminate
Determinate
Request
Certification as
a Adult
• 3rd Degree
Felony: up
to 10 years
• 2nd Degree
Felony: up
to 20 years
• 1st Degree
Felony: up
to 40 years
Certification
Determinate Sentence
By Petition
• Up to TYC
until the
age of 19
• Same
punishment
as an adult
Negotiation
!
Three
choices
for
juvenile
Charge
only (like
federal
court)
• Punishment
determine
d later
Stipulate
(Adjudica
tion)
Set case
for
motion
hearing
Set case
for
jury/nonjury trial
Either by
judge or
jury
Jury
Trials
• Juvenile may elect either;
State does not need to
agree
• Just like an adult trial
• Beyond a reasonable doubt
• Criminal rules of evidence
• Number of jurors
• Except… No “guilty or not
guilty” & number of
misdemeanor peremptory
strikes
• Adjudicated
• “committed a delinquent act”
or “did not commit a
delinquent act”
Home study
Pre
Disposition
Report (PDR)
Adversarial
Judge can only
sentence a juvenile if…
“the child is in need
of rehabilitation” OR
“the protection of
the public OR the
child requires that a
disposition be
made.”

Judge can only remove a juvenile from
his home if…
 “The child, in the child’s home, cannot be
provided the quality of care and level of
support and supervision that the child needs
to meet the conditions of probation.”
Indeterminate
• Misdemeanor
• Felony
Determinate
Family Code 53.045
Certification/Transfer to
Criminal Court
Family Code 54.02
IN-HOME
OUT-OF-HOME
Curfew (usually 5pm)
Treatment facility
No curfew
Independent Living Skills
Electronic Monitor
RTC
Drug Court/Special Needs
Challenge
Intensive Supervised
Texas Juvenile Justice
Probation/Serious Habitual Division (TJJD)
Offender Comprehensive
Action Program (SHOCAP)

§ 54.05, Hearing to Modify Disposition
 Can modify if child is still under 18 and violated
 Can remove child from his home if…
▪ It is in the child’s best interest, and
▪ Reasonable efforts were made to prevent/eliminate the
need to remove the child, and
▪ The child, in the child’s home, cannot be provided the
quality of care and level of support/supervision that
child needs to meet the conditions of probation



Completion of Sex Offender Treatment
(SOT)
Request the Court Defer Registration
until SOT is completed by juvenile (CCP
Sec. 62.352)
Upon Successful Completion juvenile is
exempt from registration unless the
prosecutor requests a hearing & the
Court finds interest of the public
requires registration. (CCP Sec. 62.352)

New Jersey v. T.L.O., 469 U.S. 325 (1985)

Juveniles have a lesser expectation of privacy
at school
 NOTE: This only applies to school officials
(not officers) who conduct searches!
 SRO’s are considered to be police officers
Facts
• Juvenile is less culpable than an adult
because…
• Lack maturity
• More likely to succumb to outsides
pressure(s)
• Character not fully formed
Holding
• NO execution for those under 18
years of age because of the 8th
Amendment
From the
Juvenile
System
To
Success