Tampilkan postingan dengan label Law. Tampilkan semua postingan
Tampilkan postingan dengan label Law. Tampilkan semua postingan

Jumat, 26 Agustus 2011

Civil rights safeguard the citizens from discrimination depending on race, class, sex, religion, age, nationality, politics party, and impairment.

WASHINGTON - JULY 07:  Senate Judiciary Commit...Image by Getty Images via @daylifeCivil rights are the natural rights. This group of laws was established to advertise freedom and equality one of the citizens of the democratic nation. Civil rights safeguard the citizens from discrimination depending on race, class, sex, religion, age, nationality, politics party, and impairment.

In most nations, both civil as well as political rights tend to be codified as constitutional privileges. They are incorporated and clearly stated within the bill of rights of the particular nation. The civil rights make reference to the first 10 amendments of america Bill of Privileges. Just like the actual universality of civil rights generally, it entitles Americans the following fundamental constitutional rights:

- The very first Amendment protects the actual citizens' rights in order to freedom of talk, religion, and set up.

This is very self explanatory. The most crucial declaration that prohibits the us government from making laws that could interfere or restrict people's liberty to select a religion, personal expression (free of charge speech and free of charge press), and capability to organize a politics assembly.

- The 4th Amendment protects people from unreasonable research and seizure of the homes and qualities.

This ensures which unreasonable search and seizure of the person's home as well as property is unlawful unless a research warrant, warrant associated with arrest, or an identical court order is presented through the law enforcer. A probable reason ought to be established and told the individual just before any search as well as seizure. Police officers are even necessary to present a documentation from the exact location from the search and the precise description of what they are searching for.

- The 5th Amendment protects people against abuse associated with government authority inside a legal procedure.

This law obtains procedural protections with regard to criminal defendants and helps to ensure that the government might not deprive a resident of life, freedom, or property without due procedure for law.

- The 6th Amendment protects the actual citizens' rights to some speedy and open public trial, trial with a jury, and the right to counsel.

This is an extension from the Fifth Amendment when it comes to procedural protections. The old adage that the person remains not guilty until proven responsible is what this is about. The defendant of the criminal prosecution has got the right to the speedy trial that is usually gauged with the absence of uncommon delays. It also grants the best to be represented by a lawyer of his option or self representation when the defendant is qualified enough. Lastly, the best to an unbiased jury can also be ratified in this particular amendment. Exception to court right are small crimes which requires only a few days of imprisonment.

- The 8th Amendment protects citizens against authorities abuse as excessive bail, extreme fines, cruel as well as unusual punishments.

Bail refers towards the process of depositing money to be able to temporarily release somebody from jail till trial proper. It's illegal to need the defendant to pay for excessive bails as well as fines. Cruel and unusual punishments for example boiling to passing away, burning alive, stoning, disembowelment, along with other forms of do-it-yourself torture are prohibited legally. The execution of people who are under 18 and/or mentally disabled can also be considered as violations from the Eighth Amendment.

With an increase of homeland security and also the subsequent rising requirement for law enforcement providers, more and more individuals are finding themselves fascinated by criminal rights. Obtaining a degree with this field of research can improve the student's chances for getting a career within the actual criminal justice program and opens doorways for leadership functions.

While some from the work might end up being dangerous, the excitement and need to help others separately and in towns usually overrides numerous concerns students might have, and it is extremely rewarding. People who possess criminal justice degrees know about the mobility inside the criminal justice business. They know they are able to increase their earning potential because they gain necessary experience so when they move in the ranks.

A criminal rights degree differs from the criminology degree. Criminology focuses primarily on crime like a social phenomenon, while criminal justice combines the research of social deviance along with practical, policing understanding. Because of this particular, it is wider in its achieve and job choices.

This type of degree is dependant on the justice system using its series of businesses. It has the three-pronged scope: interpersonal control, sanctions, and rehabilitation for those who violate laws as well as deterrence and decrease of criminal exercise.

Coursework in felony degree programs differs but usually consists of criminal law, neighborhood corrections, policing, ways of research, juvenile rights, statistics, and a lot more. Many universities provide either online or even on-campus Associate's levels or Bachelor's levels. Some colleges proceed further and entice students using their Master's and PhD applications. Students interested in likely to law school have the choice of acquiring an initial B. A. within Criminal Justice.

Upon graduation having a Bachelor's in the actual field, students typically will leave with increased abilities to higher analyze crime data, enhanced employment associated with current strategies in medications and education, as well as better application associated with legal concepts, for example search and seizure, because of process, and felony liability. All of the combined builds crucial thinking skills; some thing valued by numerous employers.

As W. A. degree cases, students will possess broadened their paths to explore a variety of career paths. Numerous basic level jobs will be accessible through the 12 months 2014, and most positions might find an 11 % increase by 2016. Various genres of work for example corrections supervisors, cops, CSI, FBI, forensics, personal security personnel, edge protection, jail superintendents, as well as parole administrators, as well as legal positions, exist to select from. An added bonus may be the flexibility of having the ability to move seamlessly with the diverse departments when the degree is guaranteed.

Civil rights are the natural rights

The Bill of Rights, the first ten amendments t...Image via WikipediaCivil rights are the natural rights. This group of laws was established to advertise freedom and equality one of the citizens of the democratic nation. Civil rights safeguard the citizens from discrimination depending on race, class, sex, religion, age, nationality, politics party, and impairment.

In most nations, both civil as well as political rights tend to be codified as constitutional privileges. They are incorporated and clearly stated within the bill of rights of the particular nation. The civil rights make reference to the first 10 amendments of america Bill of Privileges. Just like the actual universality of civil rights generally, it entitles Americans the following fundamental constitutional rights:

- The very first Amendment protects the actual citizens' rights in order to freedom of talk, religion, and set up.

This is very self explanatory. The most crucial declaration that prohibits the us government from making laws that could interfere or restrict people's liberty to select a religion, personal expression (free of charge speech and free of charge press), and capability to organize a politics assembly.

- The 4th Amendment protects people from unreasonable research and seizure of the homes and qualities.

This ensures which unreasonable search and seizure of the person's home as well as property is unlawful unless a research warrant, warrant associated with arrest, or an identical court order is presented through the law enforcer. A probable reason ought to be established and told the individual just before any search as well as seizure. Police officers are even necessary to present a documentation from the exact location from the search and the precise description of what they are searching for.

- The 5th Amendment protects people against abuse associated with government authority inside a legal procedure.

This law obtains procedural protections with regard to criminal defendants and helps to ensure that the government might not deprive a resident of life, freedom, or property without due procedure for law.

- The 6th Amendment protects the actual citizens' rights to some speedy and open public trial, trial with a jury, and the right to counsel.

This is an extension from the Fifth Amendment when it comes to procedural protections. The old adage that the person remains not guilty until proven responsible is what this is about. The defendant of the criminal prosecution has got the right to the speedy trial that is usually gauged with the absence of uncommon delays. It also grants the best to be represented by a lawyer of his option or self representation when the defendant is qualified enough. Lastly, the best to an unbiased jury can also be ratified in this particular amendment. Exception to court right are small crimes which requires only a few days of imprisonment.

- The 8th Amendment protects citizens against authorities abuse as excessive bail, extreme fines, cruel as well as unusual punishments.

Bail refers towards the process of depositing money to be able to temporarily release somebody from jail till trial proper. It's illegal to need the defendant to pay for excessive bails as well as fines. Cruel and unusual punishments for example boiling to passing away, burning alive, stoning, disembowelment, along with other forms of do-it-yourself torture are prohibited legally. The execution of people who are under 18 and/or mentally disabled can also be considered as violations from the Eighth Amendment.

Lots of questions have continually emerged in regards to what extent the federal government can intervene within the ever changing problems that society has faced through time. Although there's a remarkable improvement in the time of the actual Civil Rights Motion, issues concerning discrimination continue to be a work happening. One thing's without a doubt, if people are deprived of the civil and politics rights, history has this that social unrest might be inevitable.

The topic associated with civil rights is very vast

Martin Luther King, Jr. and Malcolm X meet bef...Image via WikipediaThe rights of the person or a person by the virtue to be a citizen, to be a part of political as nicely as civil life from the state without any kind of prejudice or subjugation is called Civil Rights. Additionally, it protects the resident from any unjustifiable action taken through the government or every other private organization.

Civil rights exist in a state that offers its citizens with constitutional in addition to legal guarantees. Nevertheless constitutions occasionally also mention the rights that the citizen, under any circumstances shouldn't enforce their civil rights from the state.

Civil rights differ in each nation due to the difference in democracy; yet you'll be able to point out some of the civil rights which mostly remain typical. Some of the actual universally known civil rights of the person are independence of speech, believed and expression, religion in addition to fair and unbiased trials and taxation.

Let us now check out some of the events within the History of Municipal Rights which played an important role in decreasing the discrimination of minorities within the U. S:

• Within 1964, United Says declared the 1964 Municipal Rights Act. It is regarded as one of the actual strongest civil rights laws within the history of Usa. This act prohibited the discrimination of the person based on their color, competition or nationality. It had been primarily aimed from protecting the privileges of minorities such as the African American neighborhood.

• In 1965, the actual then-President Johnson made certain an affirmative motion, towards the minority communities within the aspect of work, by the federal government contractors.

• Within the year 1991, following a long debate as well as vetoes of 2 yrs, the then-President Rose bush signs the 1991 Municipal Rights Act that strengthened the present laws. It provided damages in the event of intentional discrimination within employment.

• Within 2008, the Municipal Rights Act associated with 2008 was launched. Among the suggested provisions, some of them included making certain the federal fund wouldn't be used with regard to subsidizing discrimination based on employer's age.

When equal safety of rights and laws from the citizens is not really assured, civil unrest develops one of the people. Between 1950 as well as 1980, the worldwide municipal rights movement happened. The reason with this movement was to obtain equality for the folks before the regulation. So, to maintain interpersonal rest and equality inside a state or the nation, it is essential to provide correct civil rights towards the citizens.

The topic associated with civil rights is very vast. Viewers could possibly get more detailed info from jrank. org, the industry free search motor. It works as an encyclopedia and shops the indexed home elevators thousands of webpages with various subjects like family, technology, arts, law, financial etc.

Rabu, 06 Juli 2011

Call a Houston Criminal Lawyer Andy Nolen if You're Arrested for Violating a Protective Order.

Dessins de Martin van Maele. Martin Van Maele....Image via Wikipedia

Texas Penal Code, Section 25.07 - Violation of Protective Order or Magistrate's Order

§ 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER.
        (a) A person commits an offense if, in violation of an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
                (1) commits family violence or an act in furtherance of an offense under Section 42.072;
                (2) communicates:
                        (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
                        (B)  a threat through any person to a protected individual or a member of the family or household; or
                        (C)  in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household;
                (3) goes to or near any of the following places as specifically described in the order:
                        (A)  the residence or place of employment or business of a protected individual or a member of the family or household; or
                        (B)  any child care facility, residence, or school where a child protected by the order normally resides or attends; or
                (4) possesses a firearm.
        (b) For the purposes of this section:
                (1) "Family violence," " family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
                (2)  "Firearm" has the meaning assigned by Chapter 46.
        (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
        (d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
        (e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
        (f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
        (g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.


Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Senin, 04 Juli 2011

Arrested for Criminally Negligent Homicide? Attorney Andy Nolen Can Help

Santa Muerto IImage by PuroGuro via Flickr

Texas Penal Code, Section 19.05 - Criminally Negligent Homicide








CHAPTER 19. CRIMINAL HOMICIDE
§ 19.05.  CRIMINALLY NEGLIGENT HOMICIDE.  (a)  A person commits an offense if he causes the death of an individual by criminal negligence.
        (b)  An offense under this section is a state jail felony.

Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Senin, 27 Juni 2011

Houston Criminal Lawyer, Houston Drug Defense Lawyer Andy Nolen

Various prescription and street drugs may caus...Image via WikipediaWhen there's snow on the ground, I like to pretend I'm walking on clouds. ~Takayuki Ikkaku and Arisa Hosaka, Japanese video game script authors, modern day.

Many drug users get busted for carelessly spilling their powder cocaine on their car seats and elsewhere.  If you've dropped your snow on the ground and you're so stoned that you feel like you're walking on clouds, then you could seriously be in danger of getting arrested by narcotic officers.  If this has already happened to you, then get serious.  Talk to a Houston drug defense lawyer.

The Houston criminal lawyers at Andy Nolen and Associates have represented many fellow Houstonians charged with drug possession and drug delivery cases.  If you have been charged with a drug crime, call  Andy Nolen right now at 713-697-4373.

Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.


Sabtu, 26 Maret 2011

Andy Nolen, Just what is fraud regarding insurance

Cover of "Entrapment [Blu-ray]"
Are you aware about the actual possible defenses that may come for your use whenever you face the criminal cost? Do you believe that just about all criminal costs require exactly the same defense? Generally, individuals, excepting lawyers, do not have access to a obvious idea regarding criminal laws and regulations. For this particular reason, you have to get a lawyer for defense within an insurance scams case.

This is a quick take a look at a few of the details with this regard.

Just what fraud regarding insurance? In the event that an insurance coverage recipient, as an individual or even organization, or perhaps a service supplier, like a healthcare professional, uses distortion or even deception in order to claim cash on reasons of reduction or damage from an insurance carrier, this is really a fraudulent exercise.

Which actions classify because fraud? This may range through minor types like exaggerating the theft claim to improve damage recovery add up to serious types like setting up murder in order to claim life insurance coverage. Fraudulent actions may pertain alive insurance, health insurance and medical insurance coverage, auto insurance coverage, and this kind of other groups.

What would be the penalties that you might face? Both determining factors with this are their state legal directives applicable and also the specific circumstances from the case. These additionally determine if the fraudulent activity is really a misdemeanor or perhaps a felony. Police force, government companies or insurance providers may check out these instances.

The fees and penalties often consist of fines as well as jail phrase for ten years. However, when there is evidence how the activity included injuries to a different, the prison term might increase to two decades. If this involves the actual murder associated with another, you might face imprisonment for a lifetime.

What would you do should you ever face this kind of charges? If you're unfortunate enough to manage any this kind of charges, the first move to make is make contact with an insurance coverage fraud lawyer. Without lawful help as well as representation, setting up a correct defense gets difficult, therefore does staying away from a confidence.

Is protection possible in these instances? It is definitely possible to place up the defense. Nevertheless, it takes time for you to build this up. You have to contact the defense attorney as quickly as possible. Some from the common strategies being used are:

Duress -- someone forced you to definitely commit the actual crime by using threat
Entrapment -- a federal government official coerced a person into carrying out a crime you had no prior intention associated with committing
Lack of intent - you had been not aware it was the criminal behave

Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Rabu, 23 Maret 2011

Fees For The Best Criminal Attorneys, Attorney Andy Nolen

A small courtroom in the Supreme Court of the ...
When you are looking for the help of the protection attorney or even lawyer in the usa, it will likely be smarter should you visit attorneys that provide free of charge preliminary discussion. Many of them utilize toned price felony protection attorney costs. You'll be necessary to spend $1, 500 in order to $5, 000 should you encounter the misdemeanor felony suit. A greater price is actually requested DRUNK DRIVING situation, around $2, 500 in order to $10, 000. The actual price could be greater with regard to more severe instances such as large felony regulation breach. This will set you back $25, 000 or even more. Nevertheless, that isn't the one thing that needs to be compensated. The actual government as well as condition courtroom costs are often put into the entire price.

You need to provide your own lawyer together with your situation background, along with the situation tale to be able to allow your own a lawyer in order to evaluate your own situation specifically. Each and every truth associated with the situation is going to be examined carefully. Each one is carried out to get the actual protection which may be readily available for a person last but not least place a person inside a much better devote the actual courtroom.

You're going to get the actual fine detail from the situation, combined with the chance of the actual quality out of your lawyer following she or he surface finishes evaluating your own situation. Ensure that you tend to be confident with your own attorney; one method to do this is actually through getting a conference. Please be aware which if you're charged of the criminal offense, you are able to just obtain a great quality with an expert as well as qualified attorney.

A great protection lawyer won't provide you with any kind of fake guarantees. The actual attorney works appropriately giving a person simply details. If you discover lawyers that forces you to definitely employ all of them as well as provide you with a guarantee in order to earn your own situation, you need to understand that attorney is just attempting to trick a person. This shouldn't be therefore difficult to get an established protection attorney that has a much better function ethic as well as effective at assisting you together with your difficulty. A great a lawyer provides you with comprehensive details about your own situation combined with the laws and regulations which you may possess dishonored. You'll usually end up being billed close to 25% in order to 50% from the entire charge because deposit for providers.

You may still find lots of costs that you need to spend following employing the protection attorney. Another costs tend to be billed for you throughout the procedure. A few extra costs which can cost you tend to be procedure machines, see costs, depositions, report duplicates, transcripts, professional witnesses, depositions areas, as well as federal government paperwork.

A person, since the customer, should spend each one of these lawful costs. You have to understand them all to ensure that whenever you encounter the actual courtroom, you'll be completely prepared as well as conscious of the actual costs you'll want to negotiate.

As soon as once you have a good event, visit a attorney immediately. The actual lawyer may let you know regardless of whether you're going to encounter the actual test or even not really. She or he will even obviously clarify your own opportunity to solve the situation positively such as the lawful price included.

Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Sabtu, 26 Februari 2011

ATTORNEY ANDY NOLEN: CONFIDENTIALITY OF YOUTH RECORDS

Harris County Juvenile Justice CenterImage by telwink via Flickr
CONFIDENTIALITY OF YOUTH RECORDS
Establishment of protective measures for guarding the privacy of youthful offenders can be traced to the separation of juvenile courts from criminal court systems, which included the idea of keeping juvenile proceedings and records private.
Juvenile records reflect both the legal and social history of a youth, based on the juvenile's contact with various state and local agencies and service providers. Social history records often include information about a youth's family and academic records and any history of abuse or neglect or problems with drug and alcohol use. Legal records include information relating to court proceedings involving the juvenile and information introduced and used as evidence. These records include petitions, complaints, motions, court findings, and court orders.
Recent state action has recognized that many agencies that serve children may be better equipped to do so if provided with comprehensive access to a youth's records. Policy initiatives that support this idea include expanding access to juvenile records to youth corrections personnel, to courts, and to other state agencies, and school officials in some cases.

 
Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Attorney Andy Nolen: Children's Code Mandatory Reporting

Dutch Youth and Family minister André Rouvoet ...Image via Wikipedia


CHILDREN'S CODE


The Children’s Code addresses issues impacting the youth in OJJ’s care including: Mandatory Reporting, Safe Environments, Confidentiality and Expungement of Case Records.


MANDATORY REPORTING


Youth in residential and secure care facilities have the same rights. It is the state's duty to act as a parent to the youth placed in custody. This is known as "Parens Patriae". According to Children’s Code Art. 801, "In those instances when [a child] is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which his parents should have given him." According to State in the Interest of S.D., "the purpose of incarcerating juveniles…is treatment and rehabilitation, due process requires that the conditions and programs…must be reasonably related to that purpose.”

Harris County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Houston, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Criminal Defense Attorney  Andy Nolen at 713-697-4373.

Jumat, 27 Agustus 2010

ATTORNEY ANDY NOLEN: TEXAS LAW PROTECTS JUVENILES

MIAMI - FEBRUARY 11:  Jocelyn Nerey, a Special...
EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES

Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.

(b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by Section 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

Kamis, 27 Mei 2010

Andy Nolen, § 51.08 TRANSFER FROM CRIMINAL COURT

United States criminal justice system flowchart.Image via Wikipedia
Sec. 51.08.  TRANSFER FROM CRIMINAL COURT.  (a)  If the defendant in a criminal proceeding is a child who is charged with an offense other than perjury, a traffic offense, a misdemeanor punishable by fine only, or a violation of a penal ordinance of a political subdivision, unless the child has been transferred to criminal court under Section 54.02, the court exercising criminal jurisdiction shall transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case, and shall order that the child be taken to the place of detention designated by the juvenile court, or shall release the child to the custody of the child's parent, guardian, or custodian, to be brought before the juvenile court at a time designated by that court.
(b)  A court in which there is pending a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense:
(1)  except as provided by Subsection (d), shall waive its original jurisdiction and refer the child to juvenile court if the child has previously been convicted of:
(A)  two or more misdemeanors punishable by fine only other than a traffic offense;
(B)  two or more violations of a penal ordinance of a political subdivision other than a traffic offense;  or
(C)  one or more of each of the types of misdemeanors described in Paragraph (A) or (B);  and
(2)  may waive its original jurisdiction and refer the child to juvenile court if the child:
(A)  has not previously been convicted of a misdemeanor punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense;  or
(B)  has previously been convicted of fewer than two misdemeanors punishable by fine only other than a traffic offense or two violations of a penal ordinance of a political subdivision other than a traffic offense.
(c)  A court in which there is pending a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense shall notify the juvenile court of the county in which the court is located of the pending complaint and shall furnish to the juvenile court a copy of the final disposition of any matter for which the court does not waive its original jurisdiction under Subsection (b).
(d)  A court that has implemented a juvenile case manager program under Article 45.056, Code of Criminal Procedure, may, but is not required to, waive its original jurisdiction under Subsection (b)(1).
(e)  A juvenile court may not refuse to accept the transfer of a case brought under Section 25.094, Education Code, for a child described by Subsection (b)(1) if a prosecuting attorney for the court determines under Section 53.012 that the case is legally sufficient under Section 53.01 for adjudication in juvenile court.



Houston, Texas Criminal Defense Lawyers Andy Nolen and Associates  represent clients charged with  crimes in State and Federal courts in Houston, Galveston, Houston, Houston, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead,  Houston, Texas  and all counties in Texas. The law firm of Andy Nolen and Associates is located in Houston, Texas; however, Attorney Andy Nolen appears in all criminal, juvenile, and family courts in Texas.

Texas  Attorney Andy Nolen has over 19 years  experience representing persons injured persons and those accused of committing criminal violations of State and Federal law.

 Houston, Texas  Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Attorney  Andy Nolen at 713-697-4373.

ATTORNEY ANDY NOLEN: ADMISSIBILITY OF A STATEMENT OF A CHILD

ST. CHARLES, MO - OCTOBER 20:  A law enforceme...Image by Getty Images via @daylife
Sec. 51.095.  ADMISSIBILITY OF A STATEMENT OF A CHILD.  (a)  Notwithstanding Section 51.09, the statement of a child is admissible in evidence in any future proceeding concerning the matter about which the statement was given if:
(1)  the statement is made in writing under a circumstance described by Subsection (d) and:
(A)  the statement shows that the child has at some time before the making of the statement received from a magistrate a warning that:
(i)  the child may remain silent and not make any statement at all and that any statement that the child makes may be used in evidence against the child;
(ii)  the child has the right to have an attorney present to advise the child either prior to any questioning or during the questioning;
(iii)  if the child is unable to employ an attorney, the child has the right to have an attorney appointed to counsel with the child before or during any interviews with peace officers or attorneys representing the state; and
(iv)  the child has the right to terminate the interview at any time;
(B)  and:
(i)  the statement must be signed in the presence of a magistrate by the child with no law enforcement officer or prosecuting attorney present, except that a magistrate may require a bailiff or a law enforcement officer if a bailiff is not available to be present if the magistrate determines that the presence of the bailiff or law enforcement officer is necessary for the personal safety of the magistrate or other court personnel, provided that the bailiff or law enforcement officer may not carry a weapon in the presence of the child; and
(ii)  the magistrate must be fully convinced that the child understands the nature and contents of the statement and that the child is signing the same voluntarily, and if a statement is taken, the magistrate must sign a written statement verifying the foregoing requisites have been met;
(C)  the child knowingly, intelligently, and voluntarily waives these rights before and during the making of the statement and signs the statement in the presence of a magistrate; and
(D)  the magistrate certifies that the magistrate has examined the child independent of any law enforcement officer or prosecuting attorney, except as required to ensure the personal safety of the magistrate or other court personnel, and has determined that the child understands the nature and contents of the statement and has knowingly, intelligently, and voluntarily waived these rights;
(2)  the statement is made orally and the child makes a statement of facts or circumstances that are found to be true and tend to establish the child's guilt, such as the finding of secreted or stolen property, or the instrument with which the child states the offense was committed;
(3)  the statement was res gestae of the delinquent conduct or the conduct indicating a need for supervision or of the arrest;
(4)  the statement is made:
(A)  in open court at the child's adjudication hearing;
(B)  before a grand jury considering a petition, under Section 53.045, that the child engaged in delinquent conduct; or
(C)  at a preliminary hearing concerning the child held in compliance with this code, other than at a detention hearing under Section 54.01; or
(5)  subject to Subsection (f), the statement is made orally under a circumstance described by Subsection (d) and the statement is recorded by an electronic recording device, including a device that records images, and:
(A)  before making the statement, the child is given the warning described by Subdivision (1)(A) by a magistrate, the warning is a part of the recording, and the child knowingly, intelligently, and voluntarily waives each right stated in the warning;
(B)  the recording device is capable of making an accurate recording, the operator of the device is competent to use the device, the recording is accurate, and the recording has not been altered;
(C)  each voice on the recording is identified; and
(D)  not later than the 20th day before the date of the proceeding, the attorney representing the child is given a complete and accurate copy of each recording of the child made under this subdivision.
(b)  This section and Section 51.09 do not preclude the admission of a statement made by the child if:
(1)  the statement does not stem from interrogation of the child under a circumstance described by Subsection (d); or
(2)  without regard to whether the statement stems from interrogation of the child under a circumstance described by Subsection (d), the statement is voluntary and has a bearing on the credibility of the child as a witness.
(c)  An electronic recording of a child's statement made under Subsection (a)(5) shall be preserved until all juvenile or criminal matters relating to any conduct referred to in the statement are final, including the exhaustion of all appeals, or barred from prosecution.
(d)  Subsections (a)(1) and (a)(5) apply to the statement of a child made:
(1)  while the child is in a detention facility or other place of confinement;
(2)  while the child is in the custody of an officer; or
(3)  during or after the interrogation of the child by an officer if the child is in the possession of the Department of Protective and Regulatory Services and is suspected to have engaged in conduct that violates a penal law of this state.
(e)  A juvenile law referee or master may perform the duties imposed on a magistrate under this section without the approval of the juvenile court if the juvenile board of the county in which the statement of the child is made has authorized a referee or master to perform the duties of a magistrate under this section.
(f)  A magistrate who provides the warnings required by Subsection (a)(5) for a recorded statement may at the time the warnings are provided request by speaking on the recording that the officer return the child and the recording to the magistrate at the conclusion of the process of questioning.  The magistrate may then view the recording with the child or have the child view the recording to enable the magistrate to determine whether the child's statements were given voluntarily.  The magistrate's determination of voluntariness shall be reduced to writing and signed and dated by the magistrate.  If a magistrate uses the procedure described by this subsection, a child's statement is not admissible unless the magistrate determines that the statement was given voluntarily.



Houston, Texas Criminal Defense Lawyers Andy Nolen and Associates  represent clients charged with  crimes in State and Federal courts in Houston, Galveston, Houston, Houston, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead,  Houston, Texas  and all counties in Texas. The law firm of Andy Nolen and Associates is located in Houston, Texas; however, Attorney Andy Nolen appears in all criminal, juvenile, and family courts in Texas.

Texas  Attorney Andy Nolen has over 19 years  experience representing persons injured persons and those accused of committing criminal violations of State and Federal law.

 Houston, Texas  Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Attorney  Andy Nolen at 713-697-4373.

§ 51.071 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED

9:366  Juvenile Court Hearing RoomsImage by iampeas via Flickr
Sec. 51.071.  TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED.  Except as provided by Section 51.075, a juvenile court or juvenile probation department may not engage in the practice of courtesy supervision of a child on probation.



Houston, Texas Criminal Defense Lawyers Andy Nolen and Associates  represent clients charged with  crimes in State and Federal courts in Houston, Galveston, Houston, Houston, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead,  Houston, Texas  and all counties in Texas. The law firm of Andy Nolen and Associates is located in Houston, Texas; however, Attorney Andy Nolen appears in all criminal, juvenile, and family courts in Texas.

Texas  Attorney Andy Nolen has over 19 years  experience representing persons injured persons and those accused of committing criminal violations of State and Federal law.

 Houston, Texas  Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Attorney  Andy Nolen at 713-697-4373.

§ 51.074 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES

Map of USA with Texas highlightedImage via Wikipedia
Sec. 51.074.  TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:  DEFERRED PROSECUTION.  (a)  A juvenile court may transfer interim supervision, but not permanent supervision, to the county where a child on deferred prosecution resides.
(b)  On an extension of a previous order of deferred prosecution authorized under Section 53.03(j), the child shall remain on interim supervision for an additional period not to exceed 180 days.
(c)  On a violation of the conditions of the original deferred prosecution agreement, the receiving county shall forward the case to the sending county for prosecution or other action in the manner provided by Sections 51.072(i) and (j), except that the original conditions of deferred prosecution may not be modified by the receiving county.



Houston, Texas Criminal Defense Lawyers Andy Nolen and Associates  represent clients charged with  crimes in State and Federal courts in Houston, Galveston, Houston, Houston, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead,  Houston, Texas  and all counties in Texas. The law firm of Andy Nolen and Associates is located in Houston, Texas; however, Attorney Andy Nolen appears in all criminal, juvenile, and family courts in Texas.

Texas  Attorney Andy Nolen has over 19 years  experience representing persons injured persons and those accused of committing criminal violations of State and Federal law.

 Houston, Texas  Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Texas Attorney  Andy Nolen at 713-697-4373.