Page 90 - Juvenile Practice is not Child's Play

Sample Motion to Bar Further Prosecution and for Transfer to Juvenile Court

CAUSE NO. 123567

IN THE MATTER OF § IN THE DISTRICT COURT
§
§ XXXth JUDICIAL DISTRICT
§
CLIENT NAME § HARRIS COUNTY, T E X A S

NOTE TO RECIPIENTS: What follows is a draft of a memorandum of law in support of a motion to suppress
a juvenile statement. It is a far from perfect draft, but is meant to provide a framework for such a pleading.

Of course, before using any of the law contained within this motion, the cases should be Shepardized and the
pleading should be edited to incorporate local law.

MOTION TO BAR FURTHER PROSECUTION AND FOR TRANSFER TO JUVENILE COURT

TO THE HONORABLE JUDGE OF SAID COURT

Defendant F.L. files this motion under Tex. Crim. Proc. Code Ann. Art 4.18, and under Tex. Fam. Code Ann. § 51.08,
to bar further prosecution in this court, and to transfer this case to the juvenile court of [Harris County], Texas. In
support, defendant respectfully shows the court the following:

Under Tex. Fam. Code Ann. § 51.08, if the defendant in a criminal proceeding is a child who is charged with an
offense other than perjury, a traffic offense, a misdemeanor punishable by fine only, or a violation of a penal

ordinance of a political subdivision, and the child has not been transferred to the criminal court under Tex. Fam.
Code Ann. § 54.02, the court exercising criminal jurisdiction must transfer the case to the juvenile court, together
with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case.

Defendant was born on [xx/xx/20xx]

The acts that defendant is alleged to have committed are alleged to have occurred on [xx/xx/2-2x] in [Harris County],

Texas.