Legal Question in Criminal Law in Texas

My 14 year old and his friends got in trouble last week in Galveston county Texas. He got police citations for 3 counts of criminal trespass and 1 count of theft of property. They say we will receive a certified notice in the mail about what to do with these. They also got him on 1 count of minor in possession of alcohol. They already gave him a court date for April 21st for this one. They have the possession court appearance at the Jamaica Beach Police Dept. and the criminal trespass and theft they say will be at Galveston County Court. This is the first time my son has been in trouble and my question is:

Is he eligible for a deferred adjudification on these charges, and if so, do I need an attorney to file complicated paperwork, or can we as the parents, just ask the DA or Judge for the deferred? I don't have any money for an attorney or costly fines and probation. I've only used the deferred once for a traffic ticket and don't know if it can be done for criminal charges.

Thank you for your help!

Cathy


Asked on 4/01/10, 10:18 am

1 Answer from Attorneys

Ryan Bormaster D. Miller & Associates, P.L.L.C.

Unfortunately, the County Court will require your son to be represented by an attorney but you as the parent should be able to speak for him in the Jamaica Beach appearance. Only attorneys can represent individuals in County Court though. Depending on the individual facts of the case that the District Attorney has in their file your child may qualify for a sort of deferred. The juvenile charges are not the same as if he were an adult. They are governed by the Family Code and the question is not whether he committed a crime but whether he engaged in delinquent conduct. I can explain things more fully for you in person if you would like. I do not charge for office consultations and I have very reduced rates for juvenile representation. I also accept credit cards and payment plans. Feel free to give me a call. My legal assistant is Carrie Smith and I am Ryan B. Bormaster.

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Answered on 4/07/10, 11:33 am


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