The preliminary investigation during a juvenile case can determine further proceedings. The court-designated officer or probation officer can decide the direction of the juvenile court proceedings in Galveston, Texas. The officers may tell both parties that the deferred prosecution program is advisable as it has specific rules for juvenile crimes.
When prosecution and rehabilitation work
Officers of the juvenile court can allow the deferred prosecution program for up to six months. There are specific situations when the differed prosecution program works with juvenile crimes. The deferred prosecution needs to be in the interest of the public and the child. In addition, the child and their guardian need to know that deferred prosecution and rehabilitation aren’t obligatory. The officer can end the deferred prosecution program at any time and petition the court for a hearing.
Situations during the deferred prosecution program
The deferred prosecution process can’t detain a child through the program alone. Any incriminating statements made by the party while seeking advice during discussions aren’t admissible to court. The juvenile board can issue a fee schedule for the deferred prosecution services, but there are waivers for financial hardships. The maximum fee is $15 a month, and the officer collects it from the guardian on the scheduled dates.
The prosecuting attorney and the deferred prosecution program
After a prosecuting attorney forwards a juvenile case, the officer can’t defer the prosecution of the child. The officer can only defer prosecution for a child who commits a felony with the written consent of the prosecuting attorney. A prosecuting attorney can defer the prosecution for juvenile crimes.
When the court can’t defer a child’s prosecution
The probation officer or court-designated officer reports any violation of the child while in the deferred prosecution program. The prosecuting attorney can’t defer the prosecution if the child has certain offenses or a third offense under the Alcoholic Beverage Code. A child may still enter the deferred prosecution program if they show empathy and self-responsibility.
The deferred prosecution program may help during juvenile court if the child is eligible. The probation officer, court-appointed officer or prosecuting attorney can offer to defer the prosecution. When deciding whether to grant deferred prosecution, the court may see professionals from either party about the child’s nature.