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1. What do I look for in
hiring an attorney?
Most importantly, you need a lawyer with experience
in the area of law where your problem exists.
For example, when facing criminal or juvenile
charges, you need a lawyer experienced in criminal
and juvenile law. Not all lawyers are experienced
in these areas. These are specialized areas of
law that follow different rules and procedures.
You need a lawyer who understands your case and
is able to effectively protect your rights.
At Musick & Musick, LLP, our partners
are experienced in both criminal and juvenile
law. Our partners are former Harris County Prosecutors
and experienced Criminal Defense Attorneys. They
have handled thousands of cases and successfully
tried hundreds of cases to jury verdicts. Each
of our partners have experience with Juvenile
cases as both prosecutors and defense attorneys.
Finally, partner JoAnne Musick is Board Certified
in Juvenile Law by the Texas Board of Legal Specialization
meaning she has devoted a
substantial percentage
of her practice to juvenile law, handled a wide
variety of matters in juvenile law to demonstrate
experience and involvement, attended continuing
education seminars to keep legal training up to
date, been evaluated by fellow lawyers and judges,
and passed a six (6) hour written examination
related to juvenile law.
Legal fees are also an important factor in choosing
your lawyer, but do you really want the cheapest
attorney when your freedom and liberty are on
the line? The old adage you get what you pay for
is certainly true when it comes to legal fees.
Quality representation is what you should seek
to find, but that representation should come at
a fair price.
At Musick & Musick, LLP, we strive
to provide each client with the highest quality
of representation at a reasonable cost.
2. How does juvenile court
differ from adult court?
Cases involving children between the ages of
10 and 17 are handled in the Juvenile District
Courts in Harris County (juvenile district or
county courts in other counties). These cases
are "civil" cases rather than criminal
cases; however, certain rules and aspects of criminal
law are applied to the juvenile. Juveniles are
not "found guilty" but instead are "adjudicated
to have engaged in delinquent conduct". Also,
juvenile offenders are not subject to being released
on "bond" but are detained or released
depending upon the circumstances. Finally, punishment
for a juvenile is based upon levels and guidelines,
not necessarily upon the offense.
Because the juvenile proceedings involve both
a civil aspect and a criminal aspect, you should
hire a lawyer that practices and focuses on juvenile
law. The attorneys at Musick & Musick,
LLP devote a significant portion of their
practice to defending juveniles and are well trained
in both juvenile and criminal law.
3. Does my child need to
have a lawyer?
Children in the juvenile justice system must
be represented by a lawyer during most proceedings.
Because juvenile proceedings are a combination
of civil and criminal rules and procedure, you
should hire a lawyer who practices in juvenile
court and understands the juvenile system.
In some cases, the judge will appoint a lawyer
for the child and require the parents to reimburse
the county for the court-appointed lawyer.
4. What happens when
I go to court?
Your first court setting is usually called the
"arraignment." This is an opportunity
for your lawyer to gather information about your
case by reviewing the District Attorney's file.
In Harris County, the District Attorney has an
open file policy, allowing defense attorneys to
view the police report and other evidence associated
with your case. Also, at this time, the District
Attorney may make a plea offer in an attempt to
"plea-bargain" the case and avoid a
trial.
Also at this setting, your attorney will be
able to review the court probation report related
to your case. The probation department has likely
already contacted your family and your school
to obtain information about your behavior and
performance at home and at school. It is important
that the information contained in this report
is accurate as it will be relied upon by the court
for disposition or punishment purposes.
Sometimes, this setting will result in a reset
of your case to a future date. This may be necessary
so that your attorney can gather additional information,
talk to witnesses, and test the state's case and
evidence. Your attorney will be able to advise
you on whether or not you should reset your case.
At Musick & Musick, LLP we strive to complete
your case with as few number of court appearances
as necessary, without sacrificing your rights.
5. What is going to happen
to me if I'm found guilty?
First of all, juveniles are not found "guilty";
they are said to have "engaged in delinquent
conduct" if the court or a jury finds beyond
a reasonable doubt that an offense was committed.
This is a minor distinction but benefits the child
in the future. For example, most job applications
ask whether or not a person has been "convicted"
of a crime; a juvenile is not convicted therefore
may answer in the negative.
If a child is found to have engaged in delinquent
conduct, the disposition or ramifications can
range from a probation where custody is left with
the parents or guardians to probation where the
juvenile is taken out of the home and placed into
a juvenile facility to commitment or incarceration
in the Texas Youth Commission. In some instances,
the juvenile may face transfer or certification
to the adult court to stand trial as an adult.
Based upon the offense charged and the prior
conduct of the juvenile, your attorney can provide
more guidance for your particular case.
6. Can juvenile records
be sealed?
Depending on the circumstances, many juvenile
cases can be sealed.
In a misdemeanor adjudication with a finding of
delinquent conduct, there is a two year waiting
period before the records may be sealed. The statutes
states the judge shall seal the records if (1)
two years have elapsed since final discharge for
a non-felony offense and (2) there have been no
convictions or adjudications on any charge since
final discharge and no such action is pending.
If the adjudication is for a felony offense,
the sealing is discretionary for the court (may
or may not be granted) and the child must wait
until he or she is at least 21 years of age and
there can be no convictions or adjudications on
any charge since final discharge and no such action
pending. However, in a "determinate sentencing"
case, these records may never be sealed.
Another possibility of sealing records without
waiting either 2 years or until age 21 exists
where there is no adjudication, i.e. no finding
of delinquent conduct. This result is common when
charges are dismissed or when a case is passed
for deferred prosecution (a special form of probation
which does not include a finding of delinquent
conduct).
Consult your attorney to find out if your particular
records may be sealed.
7. Do I need to post a
bond for my child?
No, juvenile offenders are not subject to being
released on "bond" but are either detained
or released depending upon the circumstances.
8. The police say my
child is being charged with a crime, what is going
to happen?
Often juveniles are taken into custody by the
police. In some cases, the police will release
the child to a parent or guardian. When this happens,
the parents are simply told their child is being
charged but they can take the child home. During
the next few days or weeks, the police are sending
their information to the District Attorney. Once
the District Attorney receives the information,
a petition is filed with the juvenile courts.
After the petition is filed, the child and his
parents are "served" with paperwork
to appear in court on a particular day. Papers
are served or delivered to you by a Deputy Constable
who usually will come to your home.
Also the juvenile probation department begins
their process. The probation department is responsible
for gathering information about your child and
your family and preparing a report for the court.
In most cases, a probation officer will contact
you or your child to discuss his situation. Often,
the probation department will contact you even
before the petition is filed with the court.
It is important that you and your child talk
with his or her attorney prior to speaking with
the probation department. Although you will want
to be cooperative with the probation department,
you must be careful to protect your child's rights.
Remember, all information provided to the probation
department may end up in the report that is ultimately
given to the prosecutor and the court for consideration.
9. What does the court
consider in deciding whether to detain or release
a juvenile?
The court considers five factors in determining
whether to hold the child in the detention center
pending court or to release the child to a parent
or guardian: (1) whether the child is likely to
abscond or be removed from the jurisdiction of
the court, (2) whether a parent or guardian can
provide suitable supervision, care, and protection
for the child, (3) whether the child has a parent
or guardian who is able to return him to court
when required, (4) whether the child may be a
danger to himself or others if released, and (5)
whether the child has previously been found to
have engaged in delinquent conduct and is likely
to commit a new offense if released.
It is important for the parents (or guardian)
to be present with a lawyer at the detention hearing
to explore whether or not the judge will release
the child.
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