What is the process for filing a petition for juvenile delinquency?
In Texas, filing a petition for juvenile delinquency is the process of charging a juvenile with an offense that would be a crime if an adult committed it. The petition is typically filed by a district attorney or other prosecuting attorney in the juvenile court. The petition will explain why the juvenile is being charged with the offense described in the petition. Additionally, the petition will identify the victim, date of the offense, and any witnesses. The petition can also include prior offenses, if applicable. The juvenile court may decide to dismiss the case or transfer it to an adult prosecution court for further action. If the juvenile case is not dismissed or transferred, a hearing will be scheduled to determine if there is sufficient evidence to proceed with the case. At the hearing, evidence will be presented to determine if the juvenile is guilty of the offense charged in the petition. The juvenile must submit a plea of either guilty or not guilty. If the juvenile pleads not guilty, a trial date will be set for later. A probation officer may be assigned to investigate the case and make a recommendation. If the juvenile is found guilty, the judge has the authority to issue a sentence. The sentence may include probation, commitment to a juvenile justice facility, counseling, treatment, and other services. The sentence may also include the juvenile being placed under the supervision of a guardian.
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