6 th Annual Juvenile Law Conference Houston Texas September 14 2018 Detention Hearings Robert E Thomas Attorney at Law Houston Texas rthomasentouchnet Freedom Important to Respondent Allows for Demonstration of Good Conduct ID: 762533
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6th Annual Juvenile Law ConferenceHouston, TexasSeptember 14, 2018 Detention HearingsRobert E. ThomasAttorney at LawHouston, Texasrthomas@entouch.net
FreedomImportant to Respondent Allows for Demonstration of Good Conduct
Your client will fall into one of the following categories: - A Clear Winner – likely not detained A Good Chance for Early ReleaseA Long Shot – possible release if everything is done rightVirtually No Way Out
Statutory Release CriteriaThe criteria for release is found in Section 54.01(e):At the conclusion of the hearing, the court shall order the child released from detention unless it finds that:(1) he is likely to abscond or be removed from the jurisdiction of the court; (2) suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person;(3) he has no parent, guardian, custodian, or other person able to return him to the court when required;(4) he may be dangerous to himself or may threaten the safety of the public if released; or(5) he has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.
But Probation has Already Determined the following per Section 53.02 (b): (1) the child is likely to abscond or be removed from the jurisdiction of the court;(2) suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;(3) the child has no parent, guardian, custodian, or other person able to return the child to the court when required;(4) the child may be dangerous to himself or herself or the child may threaten the safety of the public if released; (5) the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released; or(6) the child's detention is required under Subsection (f). [involving firearms]
Mechanics of the HearingAbbreviated proceeding; informal in nature.State has burden: likely will produce only the probation report; not objectionable. Proffer of evidence for Respondent: Summary of evidence. Can you back up your summary with evidence? Judge may request testimony.Respondent does not generally testify. Respondent’s attorney argues merits for release. State argues for detention .
Answers to the TestHistory of runaway? Parent present with plan of 24 hour/day supervision? Juvenile history?Nature of offense/danger to themselves or others?
Preparation for Hearing - Meet with the players as soon as possible. - Explain the process: what the hearing is and is not. - Explain and set up supervisory provisions: school options, transportation, work schedule, alternative supervisors. - Discuss possible probation department and mental health programs (and resources required). - Confirm all supervisors can attend hearing. - Evaluate need for discretionary hearing if additional time is needed to effectuate supervisory plan.
Programs Available to Help with SupervisionHarris County Tracker Program – lowest level; short term. PAT Supervision – most common; 3 levels; voluntary agreement between Respondent and probation.PAT with GPS monitoring.You can be creative . . . if you can afford it.
Body Worn GPS (from Satellite Tracking of People LLC) Multiple tracking modes (active and passive ) Offender alert via vibration and LED display Low power modules Evidentiary tamper devices 24 hour battery Minimum user involvement Zone violation modules
Body Worn GPS - Software Multiple Inclusion/Exclusion Zone optionsWarning Zone for enhanced compliance
Body Worn GPS - Software Offender Tracks – Street View
Body Worn GPS - Software Offender Tracks – Birds Eye
The Compelling ArgumentSometimes “The Speech” is not for the Judge but to motivate the Respondent!
The Compelling ArgumentEspecially important for the Extended Stay client. Develop strategy for subsequent hearings. Establish record of good behavior.Keep hope alive.
Collateral Benefits Early start in addressing mental health needs:Michelle Mulligan, M.S. Mental Health LiaisonHarris County Juvenile Probation Department832-239-1841michelle.mulligan@hcjpd.hctx.netRecurring opportunity to meet with Respondent and parents: - discuss course of action - address educational and health issues - encourage continued good behavior
Thanks for your attention.Good luck!