Page 42 - Juvenile Practice is not Child's Play

If a child is not released at a detention hearing, there must be another detention hearing within 10 working days. The
first detention hearing cannot be waived. Any subsequent detention hearing may be waived Such a waiver only affects
one hearing. For example, if the child or attorney waived the second detention hearing, the court must hold a detention

hearing within 10-15 days (depending on weekends) of that waiver, unless the next hearing is waived as well. Detention
hearings after the first one may be performed by interactive video recording. TFC § 54.012

There are more strict limitations on the time a status offended may be held in detention. TFC § 54.011. A status

offender is required to have a detention hearing start within 24 hours of arrival at the detention facility. Detention can
only be continued if the offender violated a valid court order, unless the youth is a runaway. If the offender is a runaway
and needs to be returned home to another state, the youth may be detained for five days. Status offenders on probation

may be detained for two 72-hour periods by the district judge.

Pretrial Motions

There are a number of motions you should consider filing. Discovery motions were discussed earlier in Discovery.

1. Suppression Motions
Please see Appendix B for Sample Motion to SuppressSample Motion to Suppress

Suppression motions can take a unique for in juvenile court because of the requirement of a voluntary and
intelligent waiver of rights. Because of their age, youth may not understand the meaning of their rights and may

not be competent to waive them. There are also special requirements for warning youth regarding the waiver of
their rights. Texas requires that youth be taken before a magistrate to be advised of their rights. The magistrate
must explain the Miranda rights to the youth outside of the presence of the arresting or interrogating officer.
Always look into possible suppression issues if your client spoke with the police prior to the magistrate warnings,

especially if there is a written statement.

It is common for youth to make confessions to the police, probation officers, and/or other staff working in the

youth justice system. If your client has confessed, the first thing you need to do is get a copy of the statement. You
should also get the police report to determine the nature and length of the interrogation. Then, interview your
client about the circumstances of the confession. Here are some questions that may help you determine if the
statement was made voluntarily:

• What did the police ask you? What did you tell them?
• Where did they ask you the questions? For how long?
• Did anyone tell you your Miranda rights before asking questions? (Explain Miranda rights to the client).

Did they ask you if you understood each warning? What did you say?