Student Tagging Report ~CCISD

a punk that tagged rich people not poor Sales~ That is why exploiting a child to an adult violant institution 4 business contributions?

2009-09-05T21:05:00.000-07:00

Judge sentences tagger to 18 months in jail
Man was part of group that hit Southside

By Mary Ann Cavazos (Contact)
Originally published 05:23 p.m., September 4, 2009
Updated 11:32 p.m., September 4, 2009
Hernandez
Hernandez

CORPUS CHRISTI — A San Antonio tagger who wanted to leave his mark on Corpus Christi paid the price Friday: 18 months in jail.

Andrew Hernandez, 20, pleaded no contest to a state jail felony graffiti charge and asked the judge for probation.

Police say Hernandez and a group of other San Antonio taggers went on a rampage on Oct. 5, 2008, spray-painting businesses, vehicles, a cable box, telephone pole, and fences on the city’s Southside.

He cried on the witness stand saying he had fallen in with the wrong crowd and had trouble dealing with his parents’ separation.

“I just wasn’t thinking,” he said.

Hernandez sobbed when 347th District Judge Nelva Gonzales Ramos announced her decision.

He said since his arrest he started going to church, made plans to join the Army and wanted to set an example for his 2-year-old son.

Hernandez’s attorney, Carmine Giardino, argued that Hernandez should be put on probation to clean up graffiti and pay back property owners.

The four business owners who testified said they wanted Hernandez sent to jail.

Prosecutor James Sales pointed out Hernandez has no job to pay back anyone and already was on probation for graffiti in 2007.

He said Hernandez’s sudden desire to join the military was a way for him to try and avoid the consequences of what he did. He also brought up that Hernandez has photos of his tagging exploits over the years on a social networking Web site.

“He’s a punk. That’s what he is,” Sales said. “(Jail is) the only way that these graffiti people will get the message...”

Hernandez faced as many as two years in jail and as much as a $10,000 fine.

Three others still face graffiti charges.

MySpace LIPS sinks hips sepp ........lips shhhhhips

2008-07-25T03:28:00.000-07:00

Judge: Seizure of cocaine, weed by cops was legal

By Mary Ann Cavazos (Contact)
Saturday, July 19, 2008

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Rosales will face trial on Wednesday.
Rosales will face trial on Wednesday.
Sanchez is awaiting a trial date.
Sanchez is awaiting a trial date.

CORPUS CHRISTI — Cocaine and marijuana collected by police during a residential search will remain evidence in a drug case against two teens already on probation for graffiti offenses, a judge ruled Friday.

Attorneys for Michael Rosales, 18, and Jonathan Sanchez, 19, had filed motions to suppress the evidence, saying the drugs had been unlawfully seized.

Rosales and Sanchez are charged with one count each of possession with intent to deliver a controlled substance, a first-degree felony, and a misdemeanor charge of possession of marijuana.

Rosales pleaded guilty to a graffiti charge in December for damaging school property and was placed on four years' deferred probation. Sanchez also is on probation for separate graffiti incidents in which he also damaged a school's property and three businesses on Chaparral Street in 2006.

Corpus Christi police Detective Ben Teed testified Friday that Rosales' grandfather had asked him to talk to Rosales on April 14 about all the graffiti on the elder Rosales' property.

Teed and Detective Ramiro Torres said the elder Rosales first showed them the graffiti on his fence and then led them to a back apartment where the two teens were staying.

The detectives said they immediately smelled the odor of burnt marijuana from outside the door.

Teed said that when the younger Rosales opened the door, he saw a marijuana cigarette on a nearby counter and graffiti covering the inside of the apartment. After Rosales told him that Sanchez also was there, Teed testified he heard movement from a back room. He entered the apartment at that point to do a protective sweep ensuring Sanchez or anyone else there was not armed or trying to destroy evidence.

After finding Sanchez, both teens were detained until Teed returned with a search warrant. During the search, police found a bag of cocaine, several bags of marijuana, spray paint cans and marijuana cigarettes.

The teens' attorneys argued that detectives did not have permission to enter the apartment and that the sweep was not justified.

District Judge Sandra Watts denied the motions, saying the officers did have probable cause to enter the apartment after what they saw and smelled from the doorway and had followed the law.

Rosales will face trial on Wednesday. A trial date has not yet been scheduled for Sanchez.

Contact Mary Ann Cavazos at 886-3623 or cavazosm@caller.com

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(157) User Comments:
Reply to this Post | Suggest removal
related links Posted by 711988 on July 19, 2008 at 3:21 a.m.

Oh yeah, these guys are obviously winners. They look high in the pictures.
Reply to this Post | Suggest removal
related links Posted by 233198 on July 19, 2008 at 4:33 a.m.

Good job Judge Watts: Way to look out for society.
Reply to this Post | Suggest removal
related links Posted by 381322 on July 19, 2008 at 5:26 a.m.

Bwahahahahah, what a couple of punk losers! They should have put some time, energy and effort into their own education. Good job, Watts.
Reply to this Post | Suggest removal
related links Posted by 331813 on July 19, 2008 at 7:01 a.m.

Great ruling judge! We need many more just like it. Get these potheads/drug addicts off our streets and out of our society. Maybe, this is the beginning of a MAJOR crackdown in CC. For the sake of our city lets hope so.!
Reply to this Post | Suggest removal
related links Posted by 415983 on July 19, 2008 at 7:02 a.m.

Send them to Afghanistan and/or Iraq to serve time.
Thank you Judge Watts!!
Reply to this Post | Suggest removal
related links Posted by 445388 on July 19, 2008 at 7:06 a.m.

Get a Life! Writing graffiti proves you need help. Doing drugs doesn't help. Join the Army and see how long it will take you to grow up.
Reply to this Post | Suggest removal
related links Posted by 710237 on July 19, 2008 at 7:14 a.m.

What a couple of really ugly guys. Man, these are UGGGGGGGG-LEEEEEEE thugs. Very unphotogenic dudes.

I bet they didn't even finish high school. I bet they are dropouts and failed the TAKS. Anyone know them from high school or middle school, or elementary school? I bet they were mean and ugly then, too. Let us know.

What a proud moment for their mom and dad.

Thanks to the CCPD and to Judge Watts.
Reply to this Post | Suggest removal
related links Posted by 331813 on July 19, 2008 at 7:17 a.m.

Boot camp does mircacles for a lot of punk losers!
Reply to this Post | Suggest removal
related links Posted by 448119 on July 19, 2008 at 7:27 a.m.

District Judge Sandra Watts denied the motions, saying the officers did have probable cause (a) to enter the apartment after what they saw and smelled from the doorway and had followed the law.
(a) ...to what effect?...
(b) ...what law is this?
Reply to this Post | Suggest removal
related links Posted by 448119 on July 19, 2008 at 7:29 a.m.

District Judge Sandra Watts denied the motions, saying the officers did have probable cause (a) to enter the apartment after what they saw and smelled from the doorway and had followed the law. (b)
(a) ...to what effect?...
(b) ...what law is this?
Reply to this Post | Suggest removal
related links Posted by 235700 on July 19, 2008 at 7:35 a.m.

Plain view doctrine is the "effect" you are asking about.
Reply to this Post | Suggest removal
related links Posted by 427774 on July 19, 2008 at 7:53 a.m.

Wonderful! Here we have the regular "perfect" posters stealing any social dignity they can muster from the failure parade for the day. So glad they are able to FIND SOME! Too bad they can't seem to find any where civil destruction is NOT the supplied avenue.

Really - who cares whether it's was legal or not, so long as the dogs get fed the same old grueling crap. Too bad people couldn't just learn to be civil about maintaining their own dignity instead of feeding like rabid dogs on the failure of others.

And when it's all about the MONEY, and so called "family" tough love - there's really no dignity to be had. Complete failure rears up and get cheers! Whooop whoop te do! Two down, and millions to go!

Bet many of their buyers have REAL jobs! Oh yeah! The people rule!!!

I have seen moms and dads, grandmothers, and grandfathers, aunts and uncles, sisters and brothers, all - cry buckets of tears over what THEY DID to destroy the young lives they thought they were helping. Nothing like long lost dreams to reflect on years later with intense hatred, and no family left that gives a damn.

Always great to hear another baby has joined the family that will not ever have - the full benefits of a big happy family.

Yep! This government controls are our ONLY options. Isn't it great?! Not.

Will these young men be sterilized while they are _used_ to shore up failing public dignity in these _criminalized_ times? No, but maybe the grandfather can REALLY help them now, and get back some of his own dignity in having provided them a place to live. Too bad someone in the family didn't have the intestinal fortitude to stop all the tolerating of the boys' choices long ago - when they needed the power of good family values. So yeah - isn't it great that the grandfather finally asked for help.
Reply to this Post | Suggest removal
related links Posted by 427774 on July 19, 2008 at 8 a.m.

in response to 331813

Boot camps only make them physically able to fight battles we don't want to read about in the news the next time they get arrested. Run farther faster, and really pack a abusive punch. They will need those skills when they are released right back into the failed streets they come from. Too bad they don't get any REAL skills to build the good lives they are expected to achieve afterward.

Punks feed off of the failures of other, and yes these two look well fed, and according to your post - so do you.
Reply to this Post | Suggest removal
related links Posted by 331813 on July 19, 2008 at 8:04 a.m.

in response to 427774

My military experience made me a better man in every way. Sounds like you may have been "booted" OUT of the military!
Reply to this Post | Suggest removal
related links Posted by 427774 on July 19, 2008 at 8:18 a.m.

in response to 331813

Nope! Guess again. Real, or well trained soldiers don't depend on assumptions - they either know, or do exactly what it takes to know for sure. They don't pop off with undisciplined words, or follow through with wasting time on the illusive "sounds" of assumed insecurities either.
Reply to this Post | Suggest removal
related links Posted by 241862 on July 19, 2008 at 9:06 a.m.

Re: 710237

You really think anybody in school at the same time as these 2 would really read the caller?
Reply to this Post | Suggest removal
related links Posted by 298842 on July 19, 2008 at 9:11 a.m.

Does anyone realize that the property belonged to the grandfather and that these punks were abusing it, and that he invited the officer into the premises and to look at the apt. where the punks were "residing" and destroying property.

The officers are to be commended and so is Judge Sandra Watts.

These two losers look like they need an attitude adjustment when it comes to other people's belongings. The taxpayers have to pay to clean up their messes.

Get a job!!!
Reply to this Post | Suggest removal
related links Posted by 248197 on July 19, 2008 at 9:43 a.m.

Quite fugly, indeed.

Let's not forget that these aren't 'boys' or 'children', they're adults and should be treated as so.
Reply to this Post | Suggest removal
related links Posted by 699932 on July 19, 2008 at 9:49 a.m.

Yay! Two caught- a few thousands left! One by one gathered ,ti's OK with me! Greatttt job Judge Watts and to CCPD for following guidelines in apprehending these two ugly m_____r f_____rs!

* please excuse my language :-)~
Reply to this Post | Suggest removal
related links Posted by 241503 on July 19, 2008 at 10:17 a.m.

Search and seizure rules were bastardized long ago by the Bush administration. Early on, they tried to get Miranda thrown out. They even tried to challenge Posse Comitatus.

I don't condone what these two every unphotogenic young men were doing. My concern was a search was predicated on what the police "say" was a smell coming from OUTSIDE the dwelling. If the article is true and the police knocked on the door an the younger Rosales did open the door, well then, too bad, he's caught. But I suspect it was the elder Rosales or the detective who simply opened the door themselves, thus breaching the seal of privacy for that dwelling.

One of the officers even had to leave the scene and return with a warrant. That says they didn't really have much to go on in terms of the nature of their initial search.

I know alot of you are know screaming "Liberal Commie Lawyer" but look at it this way. Privacy in our homes is one of the LAST vestiges of freedom our government hasn't fully taken away yet. These officers had the BEAR MINIMUM excuse for entering and detaining those two men.

You "cuff-em-and-stuff-em" types can celebrate all you want right up to the point when an officer knocks on your door and asks to come in to 'ask you a question' and, even though you may be a very law abiding citizen, that officer finds something 'suspicious' that he wants to investigate further.

Don't believe me, ask an officer to come into your home for a 'home protection evaluation'. He won't be keeping eye contact with you, he'll be sweeping the room looking for anything that might be illegal; even though you're a law abiding citizen who would never think of doing anything wrong.
Reply to this Post | Suggest removal
related links Posted by 461293 on July 19, 2008 at 10:27 a.m.

in response to 331813

I believe he was talking about the Nueces County Boot Camp...it is a total waste of taxpayer money.

Now as far as Military Boot Camp I agree, you grow up fast in a few short weeks.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:27 a.m.

in response to 427774

Why don't YOU invite them over for dinner and give them employment. Your heart is BLEEDING again.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:30 a.m.

I say the credit here goes to Grandfather "Mr. Rosales".

Mr. Rosales Sr. is tired of this going on in his own backyard. If his grandson cannot respect his own family members then how in the heck can we expect him to respect other peoples property?

Spray paint cans everywhere, they mark up their own grandfathers property. They probably pay absolutely NO RENT. Just BUM off of society.

No bleeding heart here.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:32 a.m.

Log Out
County SID No. : 10146815
Name : ROSALES, MICHAEL Age : 18
Date of Birth : 06/21/1990

--------------------------------------------------------------------------------
County Court Cases
Case Style: DRUG OFFENSES
Date Filed:
10/24/2007 Date Disposed:
12/19/2007
Vol:
0 Start:
0 End:
0 Status:
CONVICTION

--------------------------------------------------------------------------------

Case Style: DRUG OFFENSES
Date Filed:
04/24/2008 Date Disposed:

Vol:
0 Start:
0 End:
0 Status:
PENDING
District Court Cases
Case Style: OTHER FELONY
Date Filed:
09/27/2007 Date Disposed:
12/06/2007
Vol:
0 Start:
0 End:
0 Status:
PENDING REVOCATION

--------------------------------------------------------------------------------

Case Style: DRUG POSSESSION
Date Filed:
05/14/2008 Date Disposed:

Vol:
0 Start:
0 End:
0 Status:
PENDING
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:33 a.m.

County SID No. : 10136815
Name : SANCHEZ, JONATHAN Age : 20
Date of Birth : 08/09/1988

--------------------------------------------------------------------------------
County Court Cases
Case Style: OTHER CRIMINAL CAUSES
Date Filed:
01/18/2006 Date Disposed:
08/07/2006
Vol:
0 Start:
0 End:
0 Status:
DISMISSAL

--------------------------------------------------------------------------------

Case Style: ASSAULT
Date Filed:
11/28/2006 Date Disposed:
05/21/2007
Vol:
0 Start:
0 End:
0 Status:
DISMISSAL

--------------------------------------------------------------------------------

Case Style: OTHER CRIMINAL CAUSES
Date Filed:
02/07/2007 Date Disposed:
06/19/2007
Vol:
0 Start:
0 End:
0 Status:
CONVICTION

--------------------------------------------------------------------------------

Case Style: OTHER CRIMINAL CAUSES
Date Filed:
05/30/2007 Date Disposed:
06/19/2007
Vol:
0 Start:
0 End:
0 Status:
CONVICTION

--------------------------------------------------------------------------------

Case Style: DRUG OFFENSES
Date Filed:
04/24/2008 Date Disposed:

Vol:
0 Start:
0 End:
0 Status:
PENDING
District Court Cases
Case Style: OTHER FELONY
Date Filed:
12/18/2006 Date Disposed:
02/20/2007
Vol:
0 Start:
0 End:
0 Status:
DISMISSAL

--------------------------------------------------------------------------------

Case Style: OTHER FELONY
Date Filed:
01/25/2007 Date Disposed:
03/27/2007
Vol:
0 Start:
0 End:
0 Status:
PENDING REVOCATION

--------------------------------------------------------------------------------

Case Style: OTHER FELONY
Date Filed:
02/01/2007 Date Disposed:
03/27/2007
Vol:
0 Start:
0 End:
0 Status:
PENDING REVOCATION

--------------------------------------------------------------------------------

Case Style: DRUG POSSESSION
Date Filed:
05/14/2008 Date Disposed:

Vol:
0 Start:
0 End:
0 Status:
PENDING
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:36 a.m.

in response to 427774

"Too bad someone in the family didn't have the intestinal fortitude to stop all the tolerating of the boys' choices long ago - when they needed the power of good family values. So yeah - isn't it great that the grandfather finally asked for help."

What you say is on the mark. This is exactly why I have been saying that we should arrest the parents of these types of individuals as soon as it is discovered that they are not parenting.

It's obvious there were never any real rules put down from birth up.

Where are the damn parents today? They probably had these boys when they were children themselves and left them for grandma and grandpa to raise.

It's a sad state of affairs.
Reply to this Post | Suggest removal
related links Posted by 710237 on July 19, 2008 at 10:41 a.m.

in response to 427774

"They will need those skills when they are released right back into the failed streets they come from."

Failed streets?? Give me a break.

They, like everyone else, had the opportunity for REAL SKILLS a few years ago when they were in elementary, middle, and high school. Evidently, they were too busy acting out, not studying, being absent, going to school late, not doing their homework, not getting along with others, probably destroying school property, and taking up space in the classroom. I don't know of one school who does not bend over backwards to help kids such as these. Their parents blamed the school system and the teachers all along their years of education. These same parents were not involved in school activities or cared what their kid did or didn't do in school.

I think our country does an awesome job for all of us who want to better our lives. We have a free public education. If you are a good student you can apply for scholarships, work parttime and go to college. You CAN make something of yourself if you have the desire.

And even if you aren't college material but would rather learn a trade, there are so many opportunities out there and great jobs for welders, especially. My husband's company can't find enough welders to do the work they do. Pay can be as high as $40 an hour...better than flipping burgers. And when they do find some, then there is the problem of drugs because they are randomly tested due to safety issues at work. Many of these fine welders end up losing their good paying jobs because they have drugs in their system. It's a crying shame.

No, I can't feel sorry for these two men. And you know what? They can still change their lives around. They are young and they still have time to make better choices and live better lives.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:46 a.m.

in response to 710237

You cannot try to change 774's mind. This women bleeds for every criminal on the street.

I'm beginning to think that she too has kids with a criminal records.
She's very intelligent by the writings she posts, but a bleeding heart liberal just the same.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:51 a.m.

County SID No. : 10136815
Name : SANCHEZ, JONATHAN
Cause No. : 06003647 - B Age : 20
Date of Birth : 08/09/1988

--------------------------------------------------------------------------------
Degree of Off. FS
Offense Desc. GRAFFITI PECUNIARY LOSS <$20K
Arrest Date 10/17/2006
Complaint No. 000000
Bond Req. $ 7500.00
Court Date
Fine $ 0.00
Court Cost $ 0.00
Sentencing Time
Probation Time 36 Months
Sentence Date 10/31/2007
Disposition PROBATION
Degree of Off. F
Offense Desc. MOTION TO REVOKE PROB
Arrest Date
Complaint No. 000000
Bond Req. $ 0.00
Court Date
Fine $ 0.00
Court Cost $ 0.00
Sentencing Time
Probation Time
Sentence Date
Disposition

--------------------------------------------------------------------------------

Entry No. Comments Entry Date
0001 s:FILED by booking number 061017141300 10/17/2006
0002 MAGISTRATE PROCDNG AT CCPD- DFT DOES NOT REQ ATTY 10/18/2006
0003 INDICTED PGG 02/01/2007
0004 ORDER APPOINTING ATTY: GABRIEL SALIAS (IMAGED) 02/06/2007
0005 INDICTMENT RETURNED FROM DA SENT TO CT SH 02/08/2007
0006 MOTION TO REVOKE BOND MG 02/08/2007
0007 NTC OF ARRAIGNMENT FEB 20, 2007 AT 8:15 AM 02/09/2007
0008 INDICTMENT RETURNED FROM CT BOND SET AT $7500.00 NO BOND 02/09/2007
0009 ** POSTED NO SERVICE ISSUED IN NCJ SH 02/09/2007
0010 APPLICATION FOR ST SUBP (INSTANTER) MG 02/15/2007
0011 DEFT ARRAIGNED: ENTERED A PLEA OF NOT GUILTY 02/20/2007
0012 DCO: PLEA DEADLINE MARCH 16, 2007 AT 8;15 AM (IMAGED) 02/20/2007
0013 ***DOCKET CALL MARCH 23, 2007 AT 9:00 AM 02/20/2007
0014 ***JURY TRIAL MARCH 26, 2007 AT 9:00 AM 02/20/2007
0015 BOND REDUCTION HRG: BOND IS SET AT $20,000.00 02/20/2007
0016 ORD CONTINUING, SETTING OR REDUCING BAIL AND/OR IMPOSING 02/20/2007
0017 **CONDITIONS OF BAIL PENDING TRIAL (IMAGED) 02/20/2007
0018 DEFT PLACED ON CURFEW FROM 8:00 PM TIL 6:00 AM 02/20/2007
0019 DEFT MUST ENROLL IN GED CLASSES 02/20/2007
0020 SX1 THRU SX19 PHOTOS ON PAPER 02/20/2007
0021 APPLICATION FOR SUBPOENA-STATE (1) D/T SHERIFF SERVES. PGG 03/07/2007
0022 ATTY FEE VOUCHER TO AUDITORS ($400.00-GABRIEL SALAIS) 03/08/2007
0023 RULE 404(B), AND 609, AND ARTICLE 37.07 REQUEST FOR NOTICE 03/12/2007
0024 ***OF INTENT TO OFFER EXTRANEOUS CONDUCT PGG 03/12/2007
0025 MOTION FOR BRADY MATERIAL PGG 03/12/2007
0026 DEFENDANT'S MOTION FOR DISCOVERY AND INSPECTION PGG 03/12/2007
0027 STATE JAIL PACKET WALKED TO JAIL PGG 03/13/2007
0028 STATE'S NOTICE OF POSSIBLE "EXTRANEOUS" OFFENSES WHICH MAY 03/14/2007
0029 ***OR MAY NOT BE OFFERED AT TRIAL PGG 03/14/2007
0030 PLEA DEADLINE: TO BE A BENCH TRIAL OR JURY TRIAL 03/16/2007
0031 APPL FOR DEFT SUBP SH 03/23/2007
0032 PSI FILED AND WALKED TO COURT MG 03/27/2007
0033 OPEN PLEA: PLEA PACK FILED W/SX1 (JUDICIAL CONFESSION AND 03/26/2007
Reply to this Post | Suggest removal
related links Posted by 425944 on July 19, 2008 at 10:55 a.m.

continued...

0034 ***STIPULATION ONLY) 03/26/2007
0035 TRIAL COURTS CERTIFICATION ON DFTS RIGHT OF APPEAL 03/26/2007
0036 DEFT HAS THE RIGHT OF APPEAL 03/26/2007
0037 DEFT PLED GUILTY 03/26/2007
0038 CRT RECESSED FOR PSI COMPLETION 03/27/2007
0039 PUNISHMENT: COURT HEARD ARGUMENTS; FOUND DEFT GUILTY 03/27/2007
0040 10 MONTHS IN A STATE JAIL FACILITY W/CREDIT FOR TIME SERVED 03/27/2007
0041 COURT COST $241.00, RESTITUTION $5481.36 03/27/2007
0042 THIS CASE TO RUN CC W/06-CR-4448-B 03/27/2007
0043 NO WARRANTS OUT PER 81-2239 03/27/2007
0044 SUPPLEMENT TO JUDGMENT OR ORDER (RIGHT THUMB PRINT) 03/27/2007
0045 ATTY FEE VOUCHER TO AUDITORS (GABRIEL SALAIS-$375.00) 04/13/2007
0046 JUDGMENT OF CONVICTION BY COURT-WIVER OF JURY TRIAL (I) 04/23/2007
0047 STATE JAIL PACKET TO 2ND FLR. CRIMINAL FOR S/O 04/23/2007
0048 STATE JAIL PACKET P/U AND WALKED BY MITCHELL CAC 04/24/2007
0049 DFTS MTN FOR NUNC PRO TUNC 05/25/2007
0050 STATUS: HRG ON MTN FOR SHOCK PROBATION: GRANTED 10/17/2007
0051 APPLICATION FOR BENCH WARRANT FILED 10/19/2007
0052 BENCH WARRANT ISSUED 10/19/2007
0053 DEFT BENCH WARRANTED BACK FROM STATE JAIL; SENTENCE IS 10/31/2007
0054 ***SUSPENDED DFT PLACED ON 3 YRS PROBATION; 120 HRS OF 10/31/2007
0055 ***COMMUNITY SUPERVISION TO RUN CC W/06-CR-4448-B 10/31/2007
0056 COURT COST $TBD, RESTITUTION $4000.00 10/31/2007
0057 CONDITIONS OF COMMUNITY SUPERVISION FILED & SERVED 11/14/2007
0058 BENCH WARRANT RTN ANN 12/27/2007
0059 ORIGINAL MTN TO REVOKE PROBATION-WALKED BY PO SH 04/17/2008
0060 s:PRECEPT/MOTION TO REV.PROB. 04/17/2008
0061 WARRANT OF ARREST ISSUED SH 04/17/2008
0062 ORD APPOINTING ATTY: GABRIEL SALAIS (IMAGED) 04/21/2008
0063 WARRANT OF ARREST RTND FILED & SVD. LG 05/02/2008
0064 MOTION TO SUBSITUTE COUNSEL TG 05/12/2008
0065 MOTION FOR CONTINUANCE TG 05/14/2008
0066 MTR: CASE RESET TO 6-9-08 AT 9:00 AM 05/19/2008
0067 MOTIO TO SUPPRESS TG 05/22/2008
0068 NTC OF SETTING MTR 6-4-08 AT 1:00 PM 05/27/2008
0069 MOTION TO SUBSTITUTE COUNSEL PGG 07/02/2008
0070 ORD ON MNT TO SUBSTITUTE COUNSEL: FRED JIMENEZ (IMAGED) 07/03/2008
0071 PLEA DEADLINE: EXTENDED TO DOCKET CALL 07/11/2008
0072 MTN TO SUPPRESS SET 7-16-08 AT 8;15 AM 07/11/2008
0073 PLEA DEADLINE: EXTENDED TO DOCKET CALL 07/11/2008
0074 MTN TO SUPPRESS SET 7-16-08 AT 8:15 AM 07/11/2008

Sanchez likes to file motions to suppress! This offense alone says he caused 20,000 dollars in DAMAGE. GET HIM OFF THE STREETS! It's obvious he does not want to get his GED as the judge asked him to do. He would rather sell drugs and run with a gang and tear up your property in the process of promoting his GANG.

774, If you look at their records, they're given chance after chance after chance and on and on.....

The government offers you the chance you need to get your act together and if you choose not to then in my book they get what they deserve.
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related links Posted by 247748 on July 19, 2008 at 11:31 a.m.

A great applause to Judge Watts , CCPD and Grandpa Rosales. More people need to be like the grandpa and not be scared of their children. I remember growing up my parents had us so well disciplined that it use to only take a look at us and we knew we had to be quiet or exit the room where there were adults talking or behave. In todays society you can tell a child over and over behave and 9 out of 10 the parent still lets the child do whatever they want. Back in the day we were not asked if we wanted to go somewhere or what did we want to wear. It was you are going and that's it or you are wearing this and no questions asked. Now a days the parents ask the child "Do you want to go.......?" or "What do you want to wear or do you like this......?" The parents need to get back in control and show their children what it is to respect. It all starts at the home. It may be a little harder when you are a single parent but IT CAN BE DONE!!!!!!!!!! When I was in school I came from a home where you respect your teachers they are like your parents you give them respect. My mom use to always say "Those teachers are teaching you they are giving you knowledge. Knowledge that no one will ever be able to take away from you. You respect them." Now in days the kids have no respect for teachers or education. Again, I have to say it all starts in the home.
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related links Posted by 247591 on July 19, 2008 at 11:35 a.m.

I believe I heard the two were saving up the drug money for a college tuition. Mr. Rosales wanted to get a business degree and open his own taco stand at a closing Starbuck's location. Mr. Sanchez simply wanted to be an astronaut, using drugs to prepare for life without gravity. One time he almost made it up to the moon, and without a rocket or space shuttle. Beat that NASA!
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related links Posted by 436131 on July 19, 2008 at 11:53 a.m.

A couple of you posters are ticking me off as I read your posts. It took a lot for my grandfather to call the cops!!!! You don't know what we have been through with my cousin!! Everyone in my family has tried to help him, but in the end he crapped all over us, especially my grandparents. He doesn't care about any of his family, or embarassment he has caused. That apartment is my grandfather's property, neither of them were paying rent or for food. I hope he goes to jail, he doesn't want to change, he still thinks he hasn't done anything wrong. Some of you may think that I don't care about my cousin, but I do. If he doesn't want help, then no one can help him until he wants the help; and he doesn't want help. So, to all of you who are blaming my grandparents, flip you!!! We have all tried and have gotten spit on by him. I will always love him, but that doesn't mean I have to like him.

I stand by Judge Watt's decision and blame my cousin for his actions and want him held accountable for them.
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related links Posted by 706973 on July 19, 2008 at 12:08 p.m.

Who gave them probation the first time they got caught damaging property with paint?????
Vote that judge back to the street!!
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related links Posted by 706973 on July 19, 2008 at 12:11 p.m.

That is why this city has a graffiti problem. Its half the kids fault and the other half are the liberal, soft on crime judges and prosecutors.
Period.
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related links Posted by 706973 on July 19, 2008 at 12:13 p.m.

Yea...who was the judge who gave them the initial probation.?
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related links Posted by 237121 on July 19, 2008 at 1:03 p.m.

It 's lawyers like who ever they had that puts them back on streets too. The lawyers were trying to justify what they had done. Did any body catch thier name? I dont ever want to use them if their going to defend things like this! Post 436131 thank you for sharing what you did. Every body has their own ideas, but its not any body elses responsiblity except these 2 boys what they did. I'm sure your family did what they could hoping they would change. I,m just glad Watts over rid the lawyers.
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related links Posted by 425944 on July 19, 2008 at 1:11 p.m.

in response to 436131

I praise you for coming forward too. You sound fed up with the situation.

You think like most of us posters and want them to be prosecuted just as we do.

But it still leaves us wondering if their Mom and Dad gave up on them or if their Mom and Dad were ever even in their lives.

I know parents aren't to blame some of the time. But I have witnessed parents that just never set a good example themselves. In some cases, the parents are just like the juveniles. The minute the boy was in trouble with the law, and skipping school, that's when it was time to come in and administer some tough love.

Each scenario is different.
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related links Posted by 248197 on July 19, 2008 at 1:38 p.m.

436131, I feel for you. Sounds like they've been walking all over your grandfather and as his family, that must have been hard to see. Thank you for posting.
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related links Posted by 377702 on July 19, 2008 at 1:52 p.m.

Wow, you've pulled up their records? Sounds a bit like obsession.
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related links Posted by 236543 on July 19, 2008 at 2:06 p.m.

in response to 436131

Thanks so much for the information.

It must have been hard for Grandpa Rosales to turn his grandson in but he did the right thing.

Thanks Granpa Rosales.
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related links Posted by 248197 on July 19, 2008 at 2:30 p.m.

377702, you probably don't read these comment sections, often. These are public records which you can access at the Nueces County website. When stories/articles like these pop up, someone usually posts the records of those arrested and it helps us to see what kind of person they are.

It has nothing to do with obsession, so stop being dramatic.

So which one are you related to or friends with?
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related links Posted by 415983 on July 19, 2008 at 2:37 p.m.

Give each one the option of doing time or joining the military. The military will make real men out of them. Then send them to Afghanistan or Iraq. Give them a taste of life outside of their useless life in Corpitos.
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related links Posted by 248197 on July 19, 2008 at 2:41 p.m.

That option was given to one tagger and he agreed to serve 4 years in the Navy to avoid jail time. I'm curious to see how he's doing and if his attitude has changed any. It's been a year now, I believe.
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related links Posted by 425944 on July 19, 2008 at 2:43 p.m.

in response to 248197

oh, you are so funny. We think alike. That last part was spot on! lol
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related links Posted by 427774 on July 19, 2008 at 2:58 p.m.

in response to 425944

ROTFL - And I guess your corpse sniffing ways are perfect eh!? Quit beating that dead corpse! No you can't change my mind. It's mine. And I don't bleed for anyone, and have very firm convictions regarding everyone - especially those who think I am their target, and the "keeper of the liberal" flames that keep you all burned up too. Lol! I am the least of your concerns, and yet you bother addressing me with superficial assumptions!?

Impose the damned killing floors! Not one person that commits a violent crime lives beyond that "gotcha" moment. Not one irresponsible parent out there infesting your schools with scum kids is allowed to freely do so. Let's get the commie camps going so they can at least be who they are, and so that you can have what you want. Pristine little communities full of the well conformed, and simple minded people who LOVE unjust ""propaganda"", and work deligently at hating people.

What harm were these young men doing to ""responsible"" society? Do you think ""responsible"" society was buying their drugs??? Creating the lucrative opportunity available to them??? Who IS responsible for the opportunity they chose even existing? Let those irresponsible idiots straighten these young men out! And let the no-balls-atall Grandpa take care of his own backyard too! Grandpa had to get the police to take care of what was going on in his own backyard! My Grandpa would have used a razor strap, and they would have been living a good life - or GONE! Yours?

And there is a BIG difference in advocating the CONSTRUCTIVE influences toward the developing trends among the YOUNG, and defending criminals.

While people like you DEMAND MORE petty criminalizing of the young - I simply demand more efforts to develop abilities, and help those out there NEEDING help. Are the doors of churches open, and serving those needs? Are the bureaucratic "your papers please" castles serving those needs? Do you give a damn about those needs?

Your ways of life depend on the governing tit to keep all the irresponsible chaos of superficial societies - maintained. If your ways of life weren't draining my wallet for the sake of MILLIONS - One out every 100 people in the USA - choosing to be legally corralled screw ups - I wouldn't give a damn.
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related links Posted by 427774 on July 19, 2008 at 3:01 p.m.

in response to 425944

Are you trying to say I got stabbed and didn't know it? Hummm... LOL! Go drink your own blood, mines well contained.
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related links Posted by 711504 on July 19, 2008 at 3:56 p.m.

Dumb...and Dumber?

I hope these guys enjoy hanging out with fellow idiots in the prison court yard. There's no drugs, women or grafitti there!
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related links Posted by 713757 on July 19, 2008 at 4:39 p.m.

We live in the same neighborhood as Grandfather Rosales. The old man deserves respect. He is a WW2 veteran who volunteered to fight in the Pacific when he was 17 years old. He and his wife and their 7 children are hard-working, law-abiding citizens. Shame about his grandson, but everyone knows they tried. Our prayers go out to them.
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related links Posted by 425944 on July 19, 2008 at 4:57 p.m.

in response to 427774

774,

You need to give us statistics of just how many people born in the (hood) or (criminal infested streets) or (bad neighborhoods) or (kids that have bad parents) ..actually make it out and do right by their lives.

I really believe that many kids choose to better themselves no matter what their situation.

You cannot continue to blame the streets or government for the choices these thugs make. I respect anybody anywhere that respects themselves and tries to do good in society.

I have met many poor people that have not had all the opportunities that most of us have and even so, they NEVER WOULD GO OUT AND DESTROY OTHER PEOPLES PROPERTY! Over and over again. They would never steal or treat their parents, grandparents like these two did or does.

The blame game has to stop. Each of us should be held ACCOUNTABLE FOR OUR OWN ACTIONS. I don't care if you live on a street with gangs and crappy parents and drugs everywhere. You can choose to free yourself from all that.

And when you get caught and put in the slammer, that in in of itself should be a deterrent. I know it is for me and most people. I do not ever want my freedom taken away. And I also want to treat people the way I want to be treated.

I do not have any sympathy for these repeat offenders. They get what they deserve.

Now, in all honesty, have your children ever been in trouble with the law? Or have they ever been drug abusers? Or have they ever destroyed others property? Or hurt anyone?

I can't help but feel that you talk from personal experience.

I come from law enforcement family, and to put it bluntly, they don't put up with this kind of behavior from family members. My parents were the type to be IN YOUR FACE and DEAD SERIOUS about the consequences if you didn't fly right.

These thugs are never going to amount to anything if they don't wake up and realize soon, that life is short and that it is no way to live waking up everyday selling drugs or spray painting peoples property or driving by your arch enemies house shooting at them.

Surely they have more to live for than that.

I just have no COMPASSION for repeat offenders.
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related links Posted by 425944 on July 19, 2008 at 5:04 p.m.

http://www.caller.com/news/2007/oct/1...

thanks to 248197 for reminding us of what a thug this man really is. His picture keeps getting more thug by the minute.

He's never gonna learn till he's had the hurt put on him. (made to get clean) (made to walk around with a tracking device)
(banned from being out at night) (made to feed the poor) (made to get a legitimate job)
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related links Posted by 425944 on July 19, 2008 at 5:24 p.m.

"Sanchez's mother, Sylvia Morin, and his girlfriend, Valerie Villarreal, who will give birth to his child next month, said that he regretted his actions and had changed for the better. On Saturday, both women attended his GED graduation ceremony at the state prison in Hondo.

"He looks different. I think he's grown up a lot," Morin testified, adding her son also had college plans."

Go figure, I read this article and Sanchez's own mother vouched that he had learned his lesson. He was virtually forced to get his GED. Look what the boy could accomplish when imprisoned! 774 thinks that prison is no good for this guy. The establishment forced a GED on him. That's probably the most he's ever accomplished in his life, other than bringing a poor child into this lifestyle.

774, ......this is where it begins. I suggest that society look in closely on this child, because this baby fathered by Sanchez will be a future thug if society doesn't step in a save the poor thing.

Sanchez does not deserve to have a child in my opinion. He should have absolutely no contact as long as he continues to be a menace to society.
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related links Posted by 425944 on July 19, 2008 at 5:28 p.m.

CR00070025572 10144315
County SID No. : 10144315
Name : VILLARREAL, VALERIE
Cause No. : 07002557 - 2 Age : 19
Date of Birth : 01/01/1989

--------------------------------------------------------------------------------
Degree of Off. MB
Offense Desc. GRAFFITI PECUNIARY LOSS <$500
Arrest Date 02/01/2007
Complaint No. 000000
Bond Req. $ 500.00
Court Date 03/30/2007
Fine $ 100.00
Court Cost $ 224.00
Sentencing Time 50 Days
Probation Time
Sentence Date 03/30/2007
Disposition PROBATION + FINE/COURT COSTS

--------------------------------------------------------------------------------

Entry No. Comments Entry Date
0001 s:COURT 2 computer assigned 03/27/2007
0002 COMPLAINT/INFORMATION SH 03/26/2007
0003 MAGISTRATE PRCDG AT CCPD - DEFT DOES NOT REQ ATTY 02/02/2007
0004 50 DAYS JAIL PROBATED TO 1 YR $100.00 FINE $224.00 CCOST 03/30/2007
0005 PMT AGREEMNT PLED GUILTY I 03/30/2007
0006 BAIL BOND POSTED $500 FILED 02/2/07 A-1 BONDING CG 06/20/2007
0007 CAPIAS/PRECEPT RTN FILED SCVD JMG 08/21/2007
0008 MOTION TO MODIFY CONDITIONS OF COMMUNITY SUPERVISION-WALKED 03/19/2008
0009 ***BY PO TO COURT / ALSO TAKING FILE. PGG 03/19/2008
0010 ORDER MODIFY CONDITONS OF COMMUNITY SUPERVISION EXTEND 03/25/2008
0011 TWO MONTHS OT TERMINATE 05/30/08 I 03/25/2008
0012 ORDER DISM COMMUNITY SUPERVISION CASE I 05/28/2008

And this is Sanchez's girlfriend (mother of his child's) favorite past time too.

I feel so sorry that children are born into this lifestyle every single day.
Parents spending all their energy and extra money on probation and court fees.

Neither one of them respect our Law Officers or the Laws.
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related links Posted by 425944 on July 19, 2008 at 5:37 p.m.

http://www.caller.com/news/2007/mar/2...
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related links Posted by 425944 on July 19, 2008 at 5:48 p.m.

County SID No. : 10142738
Name : GONZALEZ, ALEX Age : 23
Date of Birth : 08/19/1985

--------------------------------------------------------------------------------
District Court Cases
Case Style: OTHER FELONY
Date Filed:
12/18/2006 Date Disposed:
03/06/2007
Vol:
0 Start:
0 End:
0 Status:
CONVICTION

--------------------------------------------------------------------------------

Case Style: OTHER FELONY
Date Filed:
02/01/2007 Date Disposed:
03/06/2007
Vol:
0 Start:
0 End:
0 Status:
CONVICTION

did Jonathan Sanchez's co-defendent get out of jail early too? Hmm, things to ponder. Alex Gonzalez was also convicted for destroying property all over Corpus Christi. They were partners in crime.
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related links Posted by 701626 on July 19, 2008 at 6:16 p.m.

in response to 425944

Its so easy to make asumptions of how a baby's life is going to turn out when obvisously you dont know either of the parents.
A person makes mistakes and lives from them. All people can do is find one flaw in a person and destroy them by publicizing their name on the internet. WOW how smart you are. If someone can have the time to research someone elses life which has nothing to do with Jonathan Sanchez conviction, seems like you dont have a life at all. Valerie is a good person and should be left out of this. She is a FULL TIME del mar college student and has a job, she has a loving family who respects her mistakes and her descions. The baby is a healthy and happy baby who has not been exposed to any sort of drugs or bad behavior.
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related links Posted by 377702 on July 19, 2008 at 6:38 p.m.

in response to 425944

Valerie Villarreal and her child have nothing to do with Jonathan Sanchez and this Rosales dude's latest incident.

Valerie has a good head on her shoulders and has wonderfully intelligent friends and family who have supported and led her towards a life of unlimited possibilities. Get over the past and do not dwell on the future of this perfectly innocent and beautiful child; because it reality, it's their life, not yours.
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related links Posted by 377702 on July 19, 2008 at 6:40 p.m.

TEAM V A L E R i E ***

WE loooooove Val!
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related links Posted by 236306 on July 19, 2008 at 6:42 p.m.

I hope these individuals reckon their mistakes and realize crime is senseless. Now, you tell me who now in-days is'nt doing drugs
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related links Posted by 248197 on July 19, 2008 at 7:04 p.m.

LOL I knew this was going to happen.

Yes, 701626, people make mistakes and should learn from them, unfortunately, that doesn't include Jonathan Sanchez. This recent arrest wasn't his first! He was in jail and then released and arrested again! Now tell me how exactly did he learn from his first mistake?

How many mistakes should we allow people before we do something about it? We have to nip these things in the bud.

And if Valerie has such a good head on her shoulders, what was she thinking when she became impregnated by this LOSER? And don't get all huffy because Jonathan Sanchez IS a loser. He's an unproductive citizen who is setting a bad example for his child. What a shame.

And as far as "researching" Jonathan's life, which you have to admit, isn't much of a life at all, it doesn't take all day. It takes about 10 minutes to log into the database and then copy and paste and about 1 minute to search his name on this website. But I could see how you would think it could be such a time-consuming thing, it's not that easy for those who are not so bright. While I don't always agree with 425944's opinions, I think she is rather intelligent and I don't think it takes her very long at all to copy and paste these records.
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related links Posted by 319350 on July 19, 2008 at 7:44 p.m.

Doesn't the fact that both of these guys were on probation give the officer the authority to search their premises at any time?
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related links Posted by 248197 on July 19, 2008 at 7:57 p.m.

in response to 701626

Oh my heck, this is hilarious!!!!!!!!
701626 AKA Valerie, you just pulled a Dalia Brem or do you usually speak in third person? LMAO

related links Posted by ******701626******* on October 19, 2007 at 9:15 p.m.

Thank you for those who support Jonathan, as his girlfriend for well over four years now and soon the mother of his child I greatly appreciate it. But those of you out there that knows nothing about him and is constantly spreading lies about him, its not nice and very upsetting that people view him this way. For as long as I have known him he was never bad just made some bad choices. He made it a point to get his GED and with top scores in jail, doing something productive with his time instead of being lazy. Yes we have a crazy time ahead of us but that is life and please stop saying comments about the baby; he is an innocent baby and I obviously don’t think you would like someone talking about your child. Also, his sister is NOT Ashley Sanchez; his sister is a hardworking single parent and his mother is a respected LVN. His family is behind him 100% and Jonathan is willing to strive as a better person in this community, why else do you people think he would choose 5 years probation instead of just till the end of January just to be there for his first sons birth? Think about it he wants a better life and knows the consequences of going back to graffiti; he is not dumb how some people that don’t know him portray him, he will be out in a little over a week and those of you who are making a big deal about it wont even notice him, he will be too busy turning his life around. Thank you once again for the support and taking time to read the truth about Jonathan Sanchez.
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related links Posted by 248197 on July 19, 2008 at 8:01 p.m.

Another interesting post from Miss Valerie

related links Posted by 701626 on May 4, 2008 at 2:09 a.m.

so does that mean the taggers that get caught and these people paint it for free that the restitution that is set to pay back will be less??
well if so thanks

http://www.caller.com/news/2008/apr/1...

Good head on your shoulders, Val? I think not!
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related links Posted by 706973 on July 19, 2008 at 8:09 p.m.

Valerie gets a $100 dollar fine and court costs? Stupid Judges. Tag a picket fence and you paint over the tag and it still looks ghetto. Replace the boards and it still looks ghetto new and weathered wood. They should have to replace the whole fence. Our Judges are at the root of the Tagging problem in Corpus. As long as a few twenties are the penalty, the taggers will continue.
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related links Posted by 425944 on July 19, 2008 at 8:14 p.m.

in response to 319350

JACKPOT! You must understand LAW. : )
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related links Posted by 425944 on July 19, 2008 at 8:24 p.m.

in response to 248197

Miss Valerie attended this thugs GED ceremony up in Hondo a couple of months or so ago. She helped in getting him released out of PRISON because of good behavior.

She stated along with Jonathan's mom that "he's learned his lesson"

I just get furious when they try to deceive the public. He has obviously NOT LEARNED his lesson.

And that is a great post you caught there. She actually chimed in on the good people (college students) painting over the hideous graffiti didn't she! What a joke! lol

Oh, what oh what do we do with these people? I wonder if she wants graffiti all over HER HOME? Her parents home? Why isn't her boyfriend out working a job to help raise that 8 month old baby they have? Why is he in an apartment (fresh out of jail) already found with spray cans and dope? I just don't get it? I guess jail is not scary enough for him. He's willing to risk it all again.
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related links Posted by 411404 on July 19, 2008 at 8:30 p.m.

in response to 241503

Hey Goober,

Miranda is an imaginary judge made concept. There has never been a law passed that requires law enforcement to explain to some ignorant criminal his rights. If he would have stayed in school instead of dropping out to sell drugs he should already know the Bill of Rights anyway! Judges are supposed to interpret the law not create it. Liberals can never get their silly ways with law makers (democracy, it’s so darn inconvenient to the left) so they have courts overextend their constitutional mandate in order to shape society to benefit criminals and thugs. The US Supreme Court was never intended to wield the power that it has given itself over the last couple hundred years.

Funny how liberals cried that the recent ruling affirming an individual’s right to bear arms is “inventing rights not intended by the founders”. This despite the actual existence of an amendment that was so important to the drafters of the Bill of Rights they put it second after free speech. Yet they see no problem with concepts like rights of privacy or Miranda even though they are no where to be seen in the document or in any writings of our founding fathers.

The US Constitution is neither a “living document” nor is it carved in stone. The founders foresaw the need to update the instrument and the process they devised is called an "amendment". So all you liberals put your wacky ideas into the federal and state houses and see if they will pass the amendment test… Didn’t think so; just keep having radical activist judges do your dirty work.

Good news in this story is the that judge did her job, but I guess 241503 knows better than a judge. Great job judge Watts and CCPD.
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related links Posted by 411404 on July 19, 2008 at 9 p.m.

I love a happy ending :-)
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related links Posted by 710237 on July 19, 2008 at 9:26 p.m.

in response to 248197

Wow, how interesting.

I think this Valerie gal is one mixed up kid...and now she is raising one, too, all at our expense. You think the father should have no contact with his son, well, I think Valerie isn't playing with a full deck, either, or the fumes from the spray paint have gotten to her.

I bet she is one of those girls who has a love/hate relationship with Jonathan and still can't get him out of her system. Some girls never learn.

I have no hope for Valerie. She isn't strong enough and some of her posts show her in a very stupid light. Perhaps, she and Jonathan do deserve each other.
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related links Posted by 377702 on July 19, 2008 at 10:14 p.m.

Team Valerie!!!!!!!!
We Love VALERIEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE!
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related links Posted by 248197 on July 19, 2008 at 10:15 p.m.

Child, it's past your bedtime.
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related links Posted by 425944 on July 19, 2008 at 10:42 p.m.

in response to 710237

But let's give Valerie a break. I'm sure she is not on section 8 housing, and I'm sure she paid for her babies delivery in full, or her medical insurance paid for most of it, and I'm sure she's going to be one of our highly respected nurses in the near future at one of our local hospitals. : )

We're lucky to have her! ; /
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related links Posted by 417780 on July 19, 2008 at 10:43 p.m.

our kids are our future! when we stop raising our children, we lose our society! i was a dumb asx when i was young, but never destructive! my parrents would not tolerate it! I had parents, how odd? when this type of crap moves into my neighborhood, i will move!
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related links Posted by 425944 on July 19, 2008 at 10:46 p.m.

in response to 411404

And I love an intelligent post! : ) really enjoyed reading yours.
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related links Posted by 425944 on July 19, 2008 at 10:48 p.m.

in response to 248197

oh lord your funny sometimes. Thanks for the smile. It's actually past my bedtime too but I just couldn't stand it. Had to see if (you) were still there too.

Goodnight, and until the next thug story...

p.s. thugs go to bed at about 6 a.m
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related links Posted by 425944 on July 19, 2008 at 10:49 p.m.

in response to 417780

or sit out in your lawn chair with a concealed weapon. : )
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related links Posted by 427774 on July 20, 2008 at 12:06 a.m.

in response to 425944

Well I posted a couple of posts in response - but found out they were posted under a different ID number that was logged on to my computer. I share. Anyway - I don't see the posts now, so maybe you didn't get to read them. If not - Maybe you should feel blessed eh! Little glitch in the CCCT comments. I know of two IDs where the posts don't show up on my log in ID, but low and behold there they are when they log on! I'll have to be more careful about sharing my computer with other CCCT posters! Wouldn't want you to be deprived! Or is it depraved?

According to your other posts - looks to me like you couldn't care less about other people's experiences. Just hell bent on supporting, and demanding your own superficial ideals - no matter how ugly the results get in the over all realities of life. Even went so far as to condemn a baby! Damned ugly! Go sit in your lawn chair, and keep your dogs well trained!

One thing is certain - Life will continue it's ""natural"" courses just like it always has - no matter how entertained you choose to be - at the expense of others - of course.
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related links Posted by 235037 on July 20, 2008 at 1:15 a.m.

427774 ... from your post it’s obvious you are still suffering from flashbacks … man those 60s’ were rough eh?
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related links Posted by 713155 on July 20, 2008 at 1:22 a.m.

Why is this a big story?

Do you think the Judges decision will solve the crime or drug problem?

Why do you applaud the judges decision that this was a valid search when the evidence regarding the alleged reasons to search is barely discussed in the article?

Why are these young mens physical appearances important enough to comment on?

The implication in these statements is that the accused are always guilty and any legal attempts to have them acquitted is ridiculous.

The first person who wants their home invaded by the police for no reason should raise their hand.
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related links Posted by 234453 on July 20, 2008 at 2:39 a.m.

in response to 248197

painted over tagging still looks ghetto. Taggers should pay to have the entire building painted or the entire fence replaced. Whatever it takes to restore the person's property to the original condition.
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related links Posted by 349783 on July 20, 2008 at 4:25 a.m.

in response to 713155

At least the judge is doing something. I definately applaud when someone takes a step in the right direction to stop the flood of gargage ruining our city. These guys even painted their grandfathers fence and lived in a room full of paint, pot and coke.

I don't care what they look like, get them off the street before they ruin more public and private property. It's not like they're going to stop. Last I heard smoking pot and doing coke doesn't suddenly make you have common sense and a conscience.

The first person who wants the side of their house painted with gang signs should raise their
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related links Posted by 331813 on July 20, 2008 at 8:46 a.m.

I don't know and don't care if this particular judge has a son in trouble. I CARE about what this judge did in handling these punk thugs. We need a lot more judges like to respond like this. If they DON'T Corpus Christi is toast!
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related links Posted by 427774 on July 20, 2008 at 9:01 a.m.

in response to 235037

Lol - Suffering? Not really the suffering kind myself. And wouldn't know anything about having "flashbacks" myself either. I have heard of them though.

Wasn't rough for me - I was barely a teenager in the 70s. I do have an older sister though, and remember her stories about riots at school. I remember riots too - but wasn't any where near them for sure. Always have avoided nasty crowds really. I remember hearing about them on the news, and thinking how stupid those people were. Go out there and get killed - knowing the crowd would be out of control. I guess that's what they wanted - to die for their cause.

Are you referring to the missing posts? They aren't there! lol! Next time they sign on here - I'll get the numbers. Copy and paste the posts MAYBE. Nah - Old news.
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related links Posted by 427774 on July 20, 2008 at 9:13 a.m.

in response to 331813

Corpus Christi is TOAST already. What can possibly result with so many criminals living in one place AND people who don't CARE what ANY of the realities of life are like in CC - Even among those who aren't criminals! Even the kids are TOAST!
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related links Posted by 698658 on July 20, 2008 at 10:52 a.m.

in response to 415983

I hate to be the bearer of bad news but no matter how much a judge orders. The military will not take someone with a major criminal back ground. They will however consider individuals on a case by case basis. But that is no guarantee that they will take that person.
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related links Posted by 298842 on July 20, 2008 at 11:27 a.m.

in response to 713155

If you want your property destroyed for no reason, raise your hand.

Since the jail doesn't hold them long on grefetti charges, there will be plenty of criminals released who can accomodate you.

The grandfather did not want his property painted by these two morons, one being his own grandson.
He had a right to call the police to come over to his property.
They smelled and SAW illegal things going on and got a search warrant.
The two morons were arrested before they could do further damages. Now what happens next.....?
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related links Posted by 236306 on July 20, 2008 at 11:28 a.m.

people in corpus has a stigma and the wrong perception about their neighbors
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related links Posted by 427774 on July 20, 2008 at 2:23 p.m.

in response to 298842

To begin with - My dogs greet everyone that spends any time around my house very loudly - from both inside, and outside.

Yes the grandfather asked for help. DID you notice WHEN the request was made? APRIL! It is now JULY. What was the hold up there??? Unenforceable laws, and lacking values, or lacking dignified purpose in young lives is exactly that.

I cannot support the results of the drug war, or the impossible duties burdening our law enforcement officers. Law enforcement is swating at tiny little microscopic bugs here. I guess - Never mind that the nest that produces the bugs is massive, wide spread, and very well $upported. I am really tired of that being OUR responsiblity to STOP, and people believing that will happen by just squashing the little microscopic bugs. Or housing people like dogs. In fact that's what the grandfather was doing - housing them like dogs.

There is a lot of responsibility lacking here, and not being held accountable with ONLY the legal charges against these two "morons" - As you called them. ""Young"" FAILING lives need firm guidance, well directed, and dignified purpose they ARE obviously working for in their lives. These two very OBVIOUSLY didn't have anything even close to that. Did they have jobs, were they up EARLY every morning looking for jobs?

Housing, and keeping them well fed? How does that work toward making them develop as young men responsible for themselves? It doesn't period. Would this happen in your backyard? In your home? Not in mine.
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related links Posted by 427774 on July 20, 2008 at 2:28 p.m.

" Corpus Christi police Detective Ben Teed testified Friday that Rosales' grandfather had asked him to talk to Rosales on April 14 about all the graffiti on the elder Rosales' property.

Teed and Detective Ramiro Torres said the elder Rosales first showed them the graffiti on his fence and then led them to a back apartment where the two teens were staying. "

So did he talk to the young men "staying" there on April 14th?
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related links Posted by 248197 on July 20, 2008 at 2:46 p.m.

Ben Teed went out there when the Grandfather called him. It was in the news when Jonathan Sanchez was arrested in April. It's in the news now because they are in court. This didn't just happen this month.

I don't think the Detective could talk to them after he saw the drugs, he had no choice but to arrest them.
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related links Posted by 425944 on July 20, 2008 at 2:58 p.m.

in response to 427774

774

What would you want done to these "young men" if they get caught spray painting your house with a gang sign next?

Should we just let them sit there in that backyard garage apartment and continue to sell their dope to others? And continue to buy spray paint with intentions of causing thousands of dollars in more damage?

What the heck do you suggest we do?

And you say, would this happen in your backyard? Hell no it wouldn't happen in my backyard, or anybody else's backyard for that matter....especially if it was my own flesh and blood.

I would have interceded a long time ago. I would have called the law myself if it couldn't be handled by me. I would have taken evidence right down to the police department myself as not to waist any time either.

You also say "young FAILING lives need firm guidance, well directed, and dignified purpose they ARE obviously working for int heir lives.

When I suggested that society look in on that baby, that is all I was suggesting. That society has a chance to step in and make sure that the baby does not grow up with the same ideals that these two obviously have. That's ALL I SAID. If we can save a young life from living this kind of lifestyle, then now is the time to step in and do it. This guy was let out of jail early, told the sitting judge that he would fly right. That he wanted to be there for the birth of his baby. Wanted to get a college degree in nursing.

Obviously it was all words. He knew damn well that having big bags of cocaine and loads of spray paint cans in the house would lead to more jail time if caught.

We cannot hold his hand and make sure that his next decision is the right one. Even his cousin came on board to say that this young man could care less about his own family. That he's "crapped" on them over and over.

Again, I ask, 774, if they come to your house tonight and spray paint the entire side of your home, and then do a drive by and hit one of your innocent family members, do you suggest jail time then?
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related links Posted by 248197 on July 20, 2008 at 3:29 p.m.

I suggest coddling and redirection and lots of hand holding and back-patting.
hehe
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related links Posted by 292564 on July 20, 2008 at 7:41 p.m.

and don't forget blaming someone or something else as we hold hands and sing Kuum BAYA as we cry over all the chances they had and the poor choices they made . . .
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related links Posted by 236127 on July 20, 2008 at 7:42 p.m.

in response to 425944

It's all about retribution rather than an affective deterrent. Isn't it? If we make prison life harder then what have we done other than turn people into animals? Look up the stats on boot camps and SAFEP.

For violent crimes prison is all we have but the government must end this illegal war against the American people. These Gestapo style raids are primarily targeting poor people. Families are being broken apart and family pets are being shot. People are being reduced to second class citizens because they can't find decent work with felonies on their record. If they get sick Uncle Sam must pay because they have no insurance. Their kids grow up hating authority. I could go on and on.

In the name of what? To protect middle and upper class folks from the masses. When I hear statements like" They are selling drugs to our kids" it really makes me laugh because Americans are dumb enough to believe this propaganda.
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related links Posted by 425944 on July 20, 2008 at 9:11 p.m.

in response to 236127

Again I ask, what is an affective deterrent?

And in my humble opinion, huge bags of cocaine does not end with casual use.

It also leads to paranoia and criminal behavior...i.e. burglary, armed robbery, and yes drive bys for non payment or selling in the opposing gangs territory and even murder.

If my kids ever buy drugs, I will blame my kids for getting involved in it in the first place, and then I will follow up with making their lives a living hell if they choose to stay doped up and insist on becoming a non-productive citizen in society. At least while their under my roof.... and maybe even under their own roof someday.

If you ever watch the show on cable called "Intervention" you realize how sick family members can become. Once you give them no more option's. free rent, cash, food, transportation, phone, etc, etc, then maybe you can actually help somebody get the help they need.

The grandfather of one of these men that reported him in the first place had already extended an olive leaf. Free room and board and food.

All Jonathon Sanchez or Michael Rosales had to do was get some sort of job and come home and go to bed and get up and do it again until he could be trusted by an employer enough to make something of himself.

It's never enough. These men made a choice (again) to do the wrong thing.

The police had every right to come in and search. I guarantee if I was dealing drugs out of my parents or grandparents home & property and they found out about it, they'd have the cops all over me. And SPRAY PAINT their property on top of all that? You've got to be kidding me?

That's the way IT SHOULD BE.

Grandpa Rosales is a HERO to me. : )
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related links Posted by 427774 on July 20, 2008 at 9:30 p.m.

in response to 425944

Oh really you are plum full of yourself, and you encourage idiocy. I said nothing of the sort that you elude to and you know it! You just can't stand the fact that there are rules to developing life that don't fit your agenda!

Like I said before - I have dogs. No way could your idiotic scheme work in my reality. And as for the drive by BS - That's a completely out of the ball park FOUL and you know it.

The cousin came on here crying about how much the family suffered because of her cousin, and how they ALL tried and got screwed. Just deserts maybe!? I can hear all the screaming and yelling. The slammed doors - the GIVING UP!

That's a whole lot of why family values have gone to crap. We keep SUPPOSEDLY taking care of the problems that result for them too. Dissect the kids mentally, label them well, and inch them through their HATED schools. Send them to overwhelmed Juvenile detention centers. Maybe 'tough love' boot camps to make them rough and tough. Then later we can lock 'em up, saddle them with iron clad criminal records while WE house and feed them - again - support any babies, and the stupid mothers too.

She wants us to take care of her cousin's already screwed up development. No way!!! They need to take care of him, and be responsible for having not already done so. Make them follow outlined time lines for him AND THEM. Guide them to the resources to overcome their own failing inabilities. Make them become ABLE to help him. Make them pay according to the ""entire"" family's combined income too. She said the whole family has been actively involved - and spit on. Include the whole family!

So there's my suggestions you claim to be so interested in. Do you still want to coddle them though the ALREADY FAILING legal system, saddle them up with iron clad criminal records, and believe THAT'S going make ALL the difference? It doesn't and you know it.

And then you want to go a step further and steal the baby - OR ELSE condemn that baby to hell on earth with hated, and well databased worthless parents. Parents you want to WORK DELIGENTLY to forcefully disable, and hate. Idiocy beyond belief, and raised in a law enforcement family to boot. You are entirely too proud. Reminds me of a girl whose brother was murdered by an ex-husband - She wants the whole world to PAY! The whole family went to work in law enforcement after the double homicide - she tried, and didn't make the grade.

Pride comes before destruction, and a haunted spirit before a fall. - Proverbs - And no I'm not a bible thumper, and am very dedicated to the truth. Too true in my books.

Let's hope we ALL work to just fall into the required ""orders"" of developing life. Enough IS enough with the well engineered, and destructive failures demanded by hatred, and pride. The natural forces of responsible family life WORK - and need to be working in these matters NOW.
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related links Posted by 236543 on July 20, 2008 at 9:32 p.m.

in response to 236306

I will tell you, my sons don't do drugs and that is a fact. I am always keeping track of them and know who they are with and where. I am a responsible parent.

Nine o'clock is the latest they are out. If they go to the movies I buy their ticket(s) and ask the person at what time is the movie over and I am right there waiting for them.
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related links Posted by 236543 on July 20, 2008 at 9:44 p.m.

in response to 377702

Team Valerie--please. What team is this that no one has join yet? Lol

Please enlighten us with full details so that we can, maybe, cheer you on. Yeah right!!!
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related links Posted by 236543 on July 20, 2008 at 9:49 p.m.

in response to 701626

Let the cycle continue.
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related links Posted by 294963 on July 20, 2008 at 10:04 p.m.

in response to 236306

uhh...say what?
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related links Posted by 427774 on July 20, 2008 at 10:52 p.m.

in response to 236127

Thank you! Plain words, and to the point - right on the mark.

The drug war is also a matter of global prevention of developed wealth in areas of the world where human rights don't exist. So we ended up sacrificing our rights so that our government could fight the all too able drug industries allowed in other nations. Upper and middle class are believing the ""marketing"" propaganda to support the drug war, and willingly sacrificing their own community abilities to fight drug USE, and lacking family abilities.

You would think the history of government involvement in flooding our own cities with allowed drug imports would have provided enough clues. Encourage our people to work truthfully for the resolves we need now - among the people.

The muddy ruts shown by THIS story are nothing compared to the drowning pits that have been ALLOWED, and even created by our government to prove the points against drug industries with actual examples of development. AND the results were very tell tell with impoverished conditions to prove that point too. Then came the actual Drug WAR against our own people.

Does it look like those nations around the globe cared how many US lives were sacrificed before, and are being sacrificed now in this stupid war? Our own people don't even care! Those people got what they deserved?! Yeah right - I guess never mind that their communities were FLOODED with illegal drugs by their own government! For GLOBAL purposes!

Now - we are all to bow down to well engineered government dependence and the people are falling for that too. And it's obvious the lacking ablilities were created by governing manipulations, and neglect. Europeans have already been through it. Many of them don't even have babies anymore. Now their nation is being over run with muslim immigrants reproducing like rabbits, so they are stepping up and having more babies - maybe. It's the common advice not to have babies here now too. I know a rich family that has a new baby EVERY year. Up to 15 now, I think. He was a pro football player and she was a super model - Both super people! BUT - I guess we can just become the more GLOBALLY politically correct NAU - Short for Not Atall United!

Much of our conditions really are just deserts for simple minded, and excessive pride. We certainly have no real protection from drugs, or thug development, and no protection from overbearing, and obviously overwhelming government either. It's really a shame that we are more like Old Europe than Europe, and more like Russia than most of our people will ever admit. Good night.
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related links Posted by 425944 on July 20, 2008 at 10:54 p.m.

in response to 294963

lol, that one flew way over my head too. I just moved on to the next.
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related links Posted by 427774 on July 20, 2008 at 11:15 p.m.

in response to 236306

Makes perfect sense to me!

Superficial stigmas have a lot of people hiding in their homes, hating their neighbors, and doing drugs too. My neighbors are a funny bunch. Some good, some not so good, but mostly respectful and helpful.

No doubt a wide ranged crew, and really amazing to study. For those raising children - it does get really complex. Our interactions really are limited by common stigmas. I don't push past SOME of those stigmas, and especially not my own that are based on firm convictions. To me there is a very firm point of privacy in our homes.

I remember after the hurricanes here when I was a kid. We had tables of food down the middle of the streets, and people working together to rebuild. Too bad it would take something like that to encourage people to get to know their neighbors, and MAYBE learn how to help and respect each other. Could end up all out mayhem like in New Orleans for CC these days.
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related links Posted by 710237 on July 21, 2008 at 1:44 a.m.

in response to 427774

I see your number come up and I want you to know that I do not waste my time reading what drivel you have to speel forth. Half the time you make no sense, you are defensive, and let me say again...you make no sense. You have a lose screw somewhere.

No one should bother to respond to you because you are very stubborn and close-minded. You think you know it all. Well, you, sweetie, you don't.

There, I feel much better.
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related links Posted by 238212 on July 21, 2008 at 7:48 a.m.

Sterilize!
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related links Posted by 249528 on July 21, 2008 at 8:02 a.m.

in response to 427774

"no-balls-atall Grandpa"

"My Grandpa would have used a razor strap, and they would have been living a good life - or GONE! Yours?"

Wow. Talk about "superficial assumptions". You're a hypocrite and if I could buy you for what you know and sell you for what you think you know, I could retire a billionaire. You're not the "keeper of the liberal flames", you're just another doofus that's a little bit too full of him/herself.
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related links Posted by 705049 on July 21, 2008 at 9:46 a.m.

They'll make pretty brides for the prison papis.....
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related links Posted by 245928 on July 21, 2008 at 10:32 a.m.

whoooo, here I am, back from out of town, ya miss me ?? ;-)

It is nice to see this tidal wave of support and encouragements plus the loving disgust and suffering related by Family to make things clean again. THANK YOU GRANDPA ROSALES ... it is awesome what happens when someone puts their foot down ... others are deciding to do the very same thing. Thanks and God bless !!!
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related links Posted by 331932 on July 21, 2008 at 10:49 a.m.

haha Valerie...BUSTED! Love it...not very smart are you Valerie..p.s. love the 3rd person action....I don't personally know how anyone in their teens can actually go and graffitti someone else's property and call that a "mistake they have learned from" I would accept marking on the wall with marker from a toddler as being a mistake because they didn't know better, but any TEEN..heck no, they surely know better...and getting knocked up by a drug-doing-drug-selling-graffitti-loser doesn't warrant any smarts either, but hey birds with feathers stick together..because Valerie is a graffitti loser too! And we'll continue to support her because I can 100% guarantee you Valerie is playing the single mother-college-student card, well, she wouldn't be single if she didn't choose a loser thug to be the father of her child! This is the kind of girl that will get knocked around and say "he loves me, he is going to change, he only beats me because he loves me!" Sad, very sad! Poor child..I hope Valerie is not raising this child, I hope sane adults are caring for this baby!

That is why people need to think about the consequences before they commit an action, because the label these thug criminals create will follow them forever!
related links Posted by 248197 on July 21, 2008 at 11:13 a.m.

(This comment was removed by the site staff.)
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related links Posted by 425944 on July 21, 2008 at 11:25 a.m.

in response to 248197

His myspace and photo bucket MAKES ME SICK.

He proudly promotes all of his crap on peoples fences. Look at that despicable crap ( graffiti ) on his myspace page!

And what the hell is SEP? (signaling end point)? or Drugs?

He proudly calls his baby a playa. UGGGGG.

Throw his worthless butt in PRISON, AND KEEP HIM THERE!
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related links Posted by 425944 on July 21, 2008 at 11:29 a.m.

in response to 249528

THANKYOU! Exactly what I was thinking too. 744 is the only one full of HOT AIR around here.

744 came up with another lame solution. 744, your solution is a day late and a dollar short. The parents and the la familia is not going to do a damn thing to right a wrong now. Jonathan and the other one is grown men now.

There are no laws on the books that will make the family step up and do the right thing. Now it's in the hands of Law Enforcement.
Either we keep letting them spray paint our town up with their filth or we put them behind bars where they cannot do it anymore.

Law Enforcement is going to have to be their family now.
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related links Posted by 425944 on July 21, 2008 at 11:41 a.m.

"Just take a look at this picture from his myspace, taken 4/13/08.
And they're INSIDE a house. Look at the graffiti on the walls and the blinds. Seriously, that's just ridiculous. But hey, keep making excuses for whichever one is your son. That's probably why he ended up this way."

248197......I didn't even realize that some of this graffiti was INSIDE of their home! Ugg! Unbelievable.

Can you imagine inviting company over to your home with that crap on your blinds and walls? What class.
My Dad would have tore me a new hole! lol And then called the law! : )
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related links Posted by 425944 on July 21, 2008 at 11:50 a.m.

My my......folks, he even put graffiti on his TOILET SEAT COVER!

He states......"I'm the sh--!" He even put it on the entire front of a nice brick home! In huge BLOCK PRINT! He even boasts about it being on his WASHING MACHINE! He quotes..."haha" they used this for evidence in the raid"

WHAT A LOSER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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related links Posted by 425944 on July 21, 2008 at 11:55 a.m.

He's even holding his little precious baby with a caption underneath the pic that states, "this is my little nigggga"

How utterly disgusting to call your precious baby the N word.

God save the baby. That baby will have a spray paint can in his hands by the time he's 8 years old. He will have dropped out of school soon after.

The cycle begins again....and again.....and again
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related links Posted by 427774 on July 21, 2008 at 5:40 p.m.

in response to 249528

There's nothing superficial about concluding the grandpa had no control over his own backyard. From APRIL to JULY!

Hypocrite!? ROTFL! Gamer. Players always play the hypocrite card when they are confused.

Enjoy the CC sewers you love watching, and adding to, even creating! Why don't you go out there and clean up after your hateful self? Your sewer runs all over town. Looks like these two boys have been bathing in it all their lives. You really shouldn't crap on people, and then complain about the stink.
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related links Posted by 248197 on July 21, 2008 at 5:44 p.m.

427774, you must have missed my post. This didn't go on from APRIL to JULY! They were arrested in APRIL but this is in the news now because they are in court!! And it was in the news in APRIL when Jonathan Sanchez was arrested!!
related links Posted by 427774 on July 21, 2008 at 6:34 p.m.

(This comment was removed by the site staff.)
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related links Posted by 248197 on July 21, 2008 at 7:09 p.m.

Why are you so upset about 3 months? They were arrested 3 months ago and they're going to trial soon. So what about 3 months are you so upset about?

You seriously need to chill.
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related links Posted by 248197 on July 21, 2008 at 7:19 p.m.

See here:
April 14 was the day the elder Rosales called Detective Teed.

And this is from Sanchez's record:
Degree of Off. MA
Offense Desc. POSS MARIJ <= 4OZ > 2OZ
********Arrest Date 04/14/2008***********

Degree of Off. F1
Offense Desc. POSS W/ INT MAN/DEL CS PG 1 >= 4G < 200G
*********Arrest Date 04/14/2008*********

Rosales's record:
Degree of Off. MA
Offense Desc. POSS MARIJ <= 4OZ > 2OZ
**********Arrest Date 04/14/2008**********

Degree of Off. F1
Offense Desc. POSS W/ INT MAN/DEL CS PG 1 >= 4G < 200G
*********Arrest Date 04/14/2008*********
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related links Posted by 425944 on July 21, 2008 at 7:20 p.m.

in response to 248197

Your just too nice.

It's time to just ignore 774. What a THICK skull. 774 actually blames the good people of Corpus Christi for Jonathons and Michaels lifestyle.

And to Michael and Jonathon, please go stock up on diapers and water and food, and check to see if your grandpa needs his windows boarded up.

Forget about stocking up on spray paint and cocaine for a change.
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related links Posted by 425944 on July 21, 2008 at 7:22 p.m.

in response to 248197

Aren't FELONS supposed to stay away from OTHER felons? : )

That's a new charge in in of itself.
And Law Enforcement has said that both of these guys fought the police. Gave them a real hard time.
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related links Posted by 248197 on July 21, 2008 at 7:25 p.m.

Yeah, 774 is seriously on the verge of trolling. I think he just likes "hearing" himself "talk". It would be great if we had an ignore feature on here!

Team Watts!!
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related links Posted by 425944 on July 21, 2008 at 7:31 p.m.

lol, and 774 has admitted to being a women. She talked about having a baby at 18. She's a woman, HEAR HER ROAR! : )
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related links Posted by 425944 on July 21, 2008 at 7:35 p.m.

Officials await tests on man for human Mad Cow Disease

Now I know what's wrong with 774! : ) JUST KIDDING! Please don't roar too loudly.
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related links Posted by 427774 on July 21, 2008 at 7:48 p.m.

in response to 248197

Thank you for clearing that up for me! I did pose a question regarding that. And I didn't take the time to re-read the article - thank you.

I am just real tired of the feeding frenzies that go on with these comments, and the infesting facts of criminal developments that are NOT getting the attention, much less the actions needed. What were the odds for these two before they became men, and after? In CC's inch along, mess around schools, and then on to the depressed, and abusive work market? And there are plenty more where they came from, MAYBE even in the same families.

While hate and discontent are the flourishing traits of general culture - oh well - they are losers. Don't we all wish the developing facts of over all LIFE would just be - that simple?! How many losers do we have in junior high, and high school - wasting time just waiting for their turn? How high will our taxes need to go? How many more officers do we need busting down doors and then getting warrents? How many more jails, prisons, and public workers to staff them ... on and on and on. The hate filled mess has to stop somewhere.
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related links Posted by 425944 on July 21, 2008 at 7:48 p.m.

Posted by 427774 on July 20, 2008 at 10:52 p.m.in response to 236127

Take your own advise 774 below that you said to another poster. PLAIN WORDS AND TO THE POINT! Your should take your own advise!
-------------------------------------------------------------------------------------------
(Thank you! Plain words, and to the point - right on the mark.)
The drug war is also a matter of global prevention of developed wealth in areas of the world where human rights don't exist. So we ended up sacrificing our rights so that our government could fight the all too able drug industries allowed in other nations. Upper and middle class are believing the ""marketing"" propaganda to support the drug war, and willingly sacrificing their own community abilities to fight drug USE, and lacking family abilities.

You would think the history of government involvement in flooding our own cities with allowed drug imports would have provided enough clues. Encourage our people to work truthfully for the resolves we need now - among the people.

The muddy ruts shown by THIS story are nothing compared to the drowning pits that have been ALLOWED, and even created by our government to prove the points against drug industries with actual examples of development. AND the results were very tell tell with impoverished conditions to prove that point too. Then came the actual Drug WAR against our own people.

Does it look like those nations around the globe cared how many US lives were sacrificed before, and are being sacrificed now in this stupid war? Our own people don't even care! Those people got what they deserved?! Yeah right - I guess never mind that their communities were FLOODED with illegal drugs by their own government! For GLOBAL purposes!

Now - we are all to bow down to well engineered government dependence and the people are falling for that too. And it's obvious the lacking ablilities were created by governing manipulations, and neglect. Europeans have already been through it. Many of them don't even have babies anymore. Now their nation is being over run with muslim immigrants reproducing like rabbits, so they are stepping up and having more babies - maybe. It's the common advice not to have babies here now too. I know a rich family that has a new baby EVERY year. Up to 15 now, I think. He was a pro football player and she was a super model - Both super people! BUT - I guess we can just become the more GLOBALLY politically correct NAU - Short for Not Atall United!

Much of our conditions really are just deserts for simple minded, and excessive pride. We certainly have no real protection from drugs, or thug development, and no protection from overbearing, and obviously overwhelming government either. It's really a shame that we are more like Old Europe than Europe, and more like Russia than most of our people will ever admit. Good night.
-------------------------------------------------------------------------------------------
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related links Posted by 425944 on July 21, 2008 at 7:49 p.m.

This is in reference to the above post by 774 ...

If I've ever read dribble, THIS IS IT! "Much of our conditions really are just deserts for simple minded???? "thug development" "overbearing and obviously overwhelming government??? "It's really a shame that we are more like Russia" And then you top it off with GOOD NIGHT? WHAT THE HELL IS THIS DRIBBLE???
You must pat yourself on the back quite frequently. lol How long does it take you to sit down and pen this stuff??? : )
And wth is ATALL?
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related links Posted by 427774 on July 21, 2008 at 7:55 p.m.

425944 You should be proud! My FIRST "removed" post EVER!!! I wish I would have saved it!!! Get proud! ROTFL!!!
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related links Posted by 427774 on July 21, 2008 at 7:58 p.m.

in response to 425944

Oh figure it out for yourself. Unless you have no brain ATALL - shouldn't be that hard for you.
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related links Posted by 248197 on July 21, 2008 at 8:05 p.m.

427774, what do you suggest should be done to/for these two adults? We can't change the fact that they've already been arrested and have been arrested more than once. Jonathan Sanchez served 8 months of his sentence and was released 2 months early because he said he was going to turn his life around. At this point, what do you suggest should be done?
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related links Posted by 427774 on July 21, 2008 at 8:09 p.m.

in response to 425944

Well, I did give it a thought a time or two, but hey - not. I didn't advise the poster about anything. Just recognized a good post is all. And do whatever it takes to make yourself happy. "Your" should be able to that very well. Just don't expect it to really work well - at the expense of others. Life all too often does have ways of requiring those bills to be paid.
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related links Posted by 425944 on July 21, 2008 at 8:12 p.m.

in response to 427774

It's not just me 774, quite a few others on here cannot figure you out either.

But hey, it's all good, your do your part for the community and I'll do mine. At least you sound like your a law abiding citizen. A liberal one. : )

And I didn't even get to read your deleted post. I was out filling gas cans for my generator if I should ever need it. I hope you didn't come down on me to bad. What did you say to get deleted? Hope you didn't resort to name calling.
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related links Posted by 427774 on July 21, 2008 at 9:06 p.m.

in response to 248197

Just off the top - Put them to work! And pay them a justified wage - Minus their debts. I'd bet they would work doing anything at this point. AND baby's momma wants money! Wouldn't surpise me if that was the ""excuse"" for the drugs! These witches want it all, and they want it right now!

I'd also bet there isn't one employer that would hire them before or now. So unless there are efforts to make sure they do get jobs - FINE lock them up! Don't expect them to live up to the impossible promises of productive values while they are BEING branded for failure in the eyes, minds, and hearts of ABLE society.

Maybe they will come out alive. And if they do - Guaranteed they will come out A LOT MORE ""criminally"" developed, have the scars to prove it, lazy as hell, more hateful toward society, and more frustrated in trying to accomplish the impossible. With plenty of company on the streets free to roam. If all of that is going to keep being the routines for these herds of criminalized people ... either WORK to CURE the over all infections - or thin the herd!

The ONLY place to even think about changing the cycles is with the young. What cannot work - is the same old routines of court-jail/prison - streets again - with no realistic options, and no skills - and ABLE society running ignorant, uncaring, and hateful.
Reply to this Post | Suggest removal
related links Posted by 427774 on July 21, 2008 at 9:48 p.m.

in response to 425944

Well, I guess maybe I am glad you didn't get to read it - maybe not. Something about guttonous ways, and of course pride - With a bit of honorable dignity to be fully honored - not taken for granted.

Unbelievable that you think law enforcement takes the place of family resolves, or is able to resolve massive development trends. Outside of imposing full forces of marshal law - not going to happen.

So what is your obsession with the "liberal" digs!? You know better really. And I am not the one to be figured out since the problem really has nothing to do with me. Since you think the same old sloppy mess we get from long term results of massive failure - now and later - is fine - Not my problem either. I just can't help but care that things are getting worse - for all of us - not better.

I'd offer a quote - but hey - measure for measure - Life does give us back what we give to life. Both individually, and collectively. Offering nothing but punishments, destructive intent, and compiled measures of frustrating impossibilities - really ugly when it does come back!
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related links Posted by 425944 on July 21, 2008 at 10:59 p.m.

in response to 427774

I never said that Law Enforcement takes the place of family resolves.

Law Enforcement has to step in when there is no other resolve. Especially when public property is being destroyed.

And I'm not obsessed with liberals. I'm only adament about liberal thinking being (forced) on me. I have just as much right to think the way I do as do you. I don't consider myself so much a die hard conservative as I do myself a centurist.

And one more thing, honestly, if a hurricane came and blew C.C. off the map, I'd more than likely help Jonathan and Michael with a meal or a helping hand if they needed it or asked for it.

And that marshall law thing you brought up isn't such a bad idea in my book. That thought has crossed my mind a time or two.
Reply to this Post | Suggest removal
related links Posted by 427774 on July 22, 2008 at 6:55 a.m.

in response to 425944

" And that marshall law thing you brought up isn't such a bad idea in my book. That thought has crossed my mind a time or two. "

Then this is exactly where we part ways when it comes to the bottom lines of over all facts.

I have lived in marshal law conditions (South Korea), and adamently demand the elements of development HERE - freely and abundantly available - and ABLE - to work toward preventing, and encouraging - NOT discouraging with sacrificing stupidity.

When will enough be enough with these retarded examples of failing realities? Aren't the lessons already taught redundantly, and aren't the FACTS of retarded conditions in all of our lives enough for you - YET? Where's the giant bottle of pink Pepto to cure these gushing sewers? Who IS out there making sure the young men get THAT cure?

The underground mayhem of very intense criminal extremes becomes a lot worse under marshal law. The facts of human survival - no matter how bad it gets - are UGLY period. And you want it to get worse? Great. That tells me you are more liberal than you will ever admit. Get to the center, and you tell me what your answers are - Not your excuses for having won the game, and knowing all the facts you need to know about the losers.
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related links Posted by 274667 on July 22, 2008 at 9:10 a.m.

To 436131: Bravo!!

To 427774: daaah!!! huh?

Now I ask Ya!!!

WHAT ARE YOU PEOPLE TALKING ABOUT???

You have two rats in a cage. All the little forest creatures are happy with the exception of the "rats". They clan together and attempt to polish over the nasty appearance of the captured "rats" They jump up and down and spew garbage about how the “rats” have changed and have become respectable members of society.

Hmmmm! Lets me thinks this overs for a momentum!

They were leaching off their grandfather, painting graffiti on the walls of their “free” domicile, in possession of illegal drugs, fathering children out of wedlock, gang members, and totally disrespectful of authority or family and the other rats are trying to claim that these “rats” were rehabilitated and were on the path of holy glory? AAAHHHHHH!!!!!!!!!!!

Now poor 436131 will probably be excommunicated from the family for speaking the truth about these “rats”.

Just a thought...
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related links Posted by 713137 on July 22, 2008 at 9:20 a.m.

in response to 427774

You Go Girl!!!
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related links Posted by 244563 on July 22, 2008 at 9:28 a.m.

774
release some of that tension - you need to go out and "get some" maybe with 944
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related links Posted by 713146 on July 22, 2008 at 10:41 a.m.

in response to 248197

She never came back and responded.

Dumb girl.
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related links Posted by 713146 on July 22, 2008 at 10:43 a.m.

I cant believe all these morons on his myspace pages: "free seb", "i hate the cops that took you away". These punks are idiots, they actually think they did nothing wrong.

You know I have seen his taggings in the area where I work at. Now I know who this loser is.
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related links Posted by 713146 on July 22, 2008 at 10:46 a.m.

in response to 701626

Good job Val. You can actually say that that poor little baby has never been exposed to secondhand marijuana smoke from your loser boyfriend? I doubt that. The sad thing is this innoncent little baby looks like his loser sperm donor.
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related links Posted by 425944 on July 22, 2008 at 11:47 a.m.

in response to 713146

glad you said it and not me.... : / They are identical are they not?
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related links Posted by 425944 on July 22, 2008 at 11:48 a.m.

in response to 713146

She just might be embarrassed. : /

Or making plans to tag YOUR house. : {
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related links Posted by 425944 on July 22, 2008 at 11:56 a.m.

Jonathon Sanchez actually states his income is 250,000.00 a year because his occupation is "He's a playaaa" : )

I guess that means he won't be voting for Obama, Obama would definitly want some of that 1/4 million bucks a year!

Oh that's right, when your a felon, YOU CAN'T VOTE! I guess we can thank goodness for the little things.

JoNJoN 5eP1 5aNCHeZ... A-FAM FRee SEP

"AYE*TEE*ARE*FOR*AYE 361-287-7371"

Male
19 years old
CORPUS CHRISTI, Texas
United States

Last Login:7/9/2008

Mood: chill
View My: Pics | Videos

Contacting JoNJoN 5eP1 5aNCHeZ... A-FAM FRee SEP

JoNJoN 5eP1 5aNCHeZ... A-FAM FRee SEP's Interests
General iLLaGaL GRaFFiTi,BaNGiNG SCReW,RoLLiN CHiLLiN WiT My HoMeBoy5
Music TEXA5 ARTI5TMOMMY AND CHRISTIAN CHRISTIAN DOESNT KNOW HOW TO EAT HAHA I LOVE MY DADDY I LOVE MYYYY LIL NIGGGGAAAA MY LIL BASEBALL PLAYA #21 LIKE HI5 DADDY DIOR BY 5EP1

JoNJoN 5eP1 5aNCHeZ... A-FAM FRee SEP's Details
Status: Single
Here for: Friends
Orientation: Straight
Hometown: CC TEXA5
Body type: 5' 7" / Body builder
Ethnicity: Latino / Hispanic
Religion: Catholic
Zodiac Sign: Leo
Smoke / Drink: Yes / Yes
Children: I don't want kids
Occupation: IMa PLaYa DaT5 My OccUpaTiOn
Income: $250,000 and Higher

This is his myspace page identity update. He's a catholic and doesn't want kids. (I hope he knows HE ALREADY HAS ONE!)
He say's he's single.

I guess the government is the daddy of this 8 month old.

Jonothon, 250,000 K a year would go a looong way in taking care of one child. You should give it a go!
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related links Posted by 420894 on July 22, 2008 at 4:52 p.m.

lesson here; dont answer the door when the cops come knockin. They cant kick it down unless they see something through the window or have a warrant.
Sad Grampz for tattle telling, sad grampz

Chromez
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related links Posted by 248197 on July 22, 2008 at 5:08 p.m.

Ahh your parents must be real proud of you.
Sad Grampz?
So tell me, do you strive to be a pathetic loser or does it just come naturally?
Reply to this Post | Suggest removal
related links Posted by 425944 on July 22, 2008 at 5:28 p.m.

in response to 420894

another lesson here; don't smoke weed where the police will be able to smell it because (when the cops do come a knocking)....and you happen to be on probation and fresh out of the TDC, ... their gonna knock only once. Then there's going to be a loud BANG. Your door will come down instantaneously. : ) ...you won't know whether to poop or get off the pot.

another lesson here; don't buy spray paint in bulk, your going to be followed home. : )

Just as stores make you give your DL to buy Sudafed at the Pharmacy Dept. they should also apply this measure to spray paint.

I really believe that these punks buy spray paint to get high off the stuff too. You know, killing two birds with one stone.

Lesson over.
Reply to this Post | Suggest removal
related links Posted by 425944 on July 22, 2008 at 5:33 p.m.

Oh, and last but not least, never ever post your illegal crap on myspace!

If you ask me, you've got to be plain stupid to advertise your sorry butt for all to see.
related links Posted by 234453 on July 22, 2008 at 6:15 p.m.

(This comment was removed by the site staff.)
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related links Posted by 236306 on July 22, 2008 at 6:20 p.m.

Yet, there is hope!!!!!
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related links Posted by 236306 on July 22, 2008 at 7:07 p.m.

in response to 425944

I'll stay in my corner if you stay in yours, but please don't say anything illegal
Reply to this Post | Suggest removal
related links Posted by 698482 on July 23, 2008 at 8:16 a.m.

I used to live near Valerie and saw her grow up - she was a sweet girl and I am VERY disappointed the way her life has turned out.

Her father is a hard working man and unfortunately that ethic hasn't translated down to his daughter.

Stay away from Jonathan, Valerie. He's a loser and will never make anything of himself.
Reply to this Post | Suggest removal
related links Posted by 713146 on July 23, 2008 at 8:27 a.m.

Does anyone know if that is his phone number? I say we leave voice mails and let him know what a loser he is.
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related links Posted by 436131 on July 23, 2008 at 11:31 a.m.

I can't believe you people are still posting to this article. I have read a lot of these posts since I posted when the article was first printed. I appreciate the words of support and to those who are defending my cousin and Jonathan, all I can say is, you just don't know what my family has been through. I just hope that everyone gets a life and moves on. Thank you. :)
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related links Posted by 713714 on July 23, 2008 at 12:09 p.m.

I'm not going to even read that propaganda. The real drug pushers in this world that Really matter are Big Pharma. The real reason as to why street drugs are illegal is that Mr Fat Cat Governmant can't tax them...Bleeping Hypocrites
related links Posted by 713146 on July 23, 2008 at 2:34 p.m.

(This comment was removed by the site staff.)
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related links Posted by 713146 on July 23, 2008 at 2:36 p.m.

Everyone, remember these losers faces, that way if you see them on the street, we could keep a close eye as to what they are up to. I'm pretty sure the only time they are on the streets is to go out and get beer, buy spray paint, or tag a fence. What a bunch of little punks.
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related links Posted by 713146 on July 23, 2008 at 2:38 p.m.

I cant believe those PEOPLE (your cousin) has no respect for anyone or anyones property. Now that is someone with no life.

Thank you :)
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related links Posted by 463186 on July 24, 2008 at 10:28 p.m.

LOCK THEM UP AND THROW AWAY THE KEY!!!!
TWO LESS MEMBERS OF THE SICK SOCIETY THAT OUR CITY COUNCIL PROPAGATES!

American Graffiti

2008-06-27T03:23:00.000-07:00

Graffiti summit offers up ideas to fight problem

By David Kassabian (Contact)
Originally published 05:09 a.m., June 27, 2008
Updated 05:09 a.m., June 27, 2008

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Eddie Seal/Special to the Caller-Times Ben Teed, a detective with the Corpus Christi Police Department, addresses graffiti in the city during a summit Thursday at Del Mar College's Center for Economic Development. From July 17, 2007, through June 5 of this year, officers arrested 106 graffiti suspects.
Eddie Seal/Special to the Caller-Times Ben Teed, a detective with the Corpus Christi Police Department, addresses graffiti in the city during a summit Thursday at Del Mar College's Center for Economic Development. From July 17, 2007, through June 5 of this year, officers arrested 106 graffiti suspects.

Diana Hinojosa and her two sons, Ernest and Nick, have become accustomed to waking up in their Ray High School area neighborhood and finding a fence tagged.

For them, graffiti has been a constant the past few years. They said feelings of anger mixed with helplessness begin to set in when property is tagged for the third or fourth time.

"We see the taggers or know who they are and the police don't do anything," said Ernest Hinojosa, who added that his fence was hit Wednesday night. "We're here to see what they say, because I don't think the police take it seriously. ... We want results, not just someone saying, 'We'll repaint your fence.' "

The Hinojosas were three of about 40 residents at the city's first graffiti summit, a collaboration of several police groups with local and state officials, to brainstorm how to get people more involved in fighting graffiti.

Responses from a panel of police officers, elected officials and community leaders to the problem were about as varied as the panel's makeup.

Officials with the city's solid waste department asked residents to fill out consent forms that allow the graffiti eradication truck to remove graffiti from private property. State Rep. Solomon Ortiz Jr., D-Corpus Christi, called for more resources to get the word out on the penalties for graffiti.

District Attorney Carlos Valdez said his office is taking a hard look at ending plea bargains when it comes to graffiti cases. Pete Peralta, assistant chief deputy with the Nueces County Sheriff's Department, said the greater use of inmate labor on public land could help get graffiti erased faster.

Carlos Cavazos, chief of the Corpus Christi Independent School District Police Department, said he would like to see heavier sentences.

"Anything to deter these kids," Cavazos said.

Corpus Christi police Capt. Mark Schauer, who oversees the department's recently expanded graffiti task force, said he understands the frustrations of residents because the graffiti in certain neighborhoods keeps coming back.

"There's a small number of adults and juveniles casing an extreme amount of damage," he said. "It takes moments to put up graffiti and weeks and months to take it down."

Schauer said community involvement can be a tremendous tool at fighting graffiti, in many situations surpassing the impact of law enforcement alone.

"The solution is going to be grass roots community involvement," he said. "It would far supersede anything we at the department can do."

While no hard numbers exist on the extent of graffiti in Corpus Christi, Schauer said earlier this month that he's starting to see less graffiti around town.

From July 17, 2007, through June 5 of this year, officers arrested 106 graffiti suspects. About half the suspects were adults. All but two of those arrested were males, the youngest 12 and the oldest 49.

Streamlined enforcement and a new graffiti truck and city graffiti ordinance have helped erase part of the problem. As of last month, 134,309 square feet of surface at 1,332 locations had been cleaned up by the city's new graffiti eradication truck since it went into service in June 2007.

To fill out a graffiti removal consent form online, visit www.cctexas.com/police/.

Contact David Kassabian at 886-3778 or kassabiand@caller.com

§ 51.10. RIGHT TO ASSISTANCE OF ATTORNEY; (a) A child may be represented by an attorney at every stage of proceedings under this title, including:

2008-04-16T04:10:00.000-07:00

FAMILY CODE

TITLE 3. JUVENILE JUSTICE CODE

CHAPTER 51. GENERAL PROVISIONS

§ 51.01. PURPOSE AND INTERPRETATION. This title shall
be construed to effectuate the following public purposes:
(1) to provide for the protection of the public and
public safety;
(2) consistent with the protection of the public and
public safety:
(A) to promote the concept of punishment for
criminal acts;
(B) to remove, where appropriate, the taint of
criminality from children committing certain unlawful acts; and
(C) to provide treatment, training, and
rehabilitation that emphasizes the accountability and
responsibility of both the parent and the child for the child's
conduct;
(3) to provide for the care, the protection, and the
wholesome moral, mental, and physical development of children
coming within its provisions;
(4) to protect the welfare of the community and to
control the commission of unlawful acts by children;
(5) to achieve the foregoing purposes in a family
environment whenever possible, separating the child from the
child's parents only when necessary for the child's welfare or in
the interest of public safety and when a child is removed from the
child's family, to give the child the care that should be provided
by parents; and
(6) to provide a simple judicial procedure through
which the provisions of this title are executed and enforced and in
which the parties are assured a fair hearing and their
constitutional and other legal rights recognized and enforced.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 2, eff. Jan. 1, 1996.

§ 51.02. DEFINITIONS. In this title:
(1) "Aggravated controlled substance felony" means an
offense under Subchapter D, Chapter 481, Health and Safety Code,
that is punishable by:
(A) a minimum term of confinement that is longer
than the minimum term of confinement for a felony of the first
degree; or
(B) a maximum fine that is greater than the
maximum fine for a felony of the first degree.
(2) "Child" means a person who is:
(A) ten years of age or older and under 17 years
of age; or
(B) seventeen years of age or older and under 18
years of age who is alleged or found to have engaged in delinquent
conduct or conduct indicating a need for supervision as a result of
acts committed before becoming 17 years of age.
(3) "Custodian" means the adult with whom the child
resides.
(4) "Guardian" means the person who, under court
order, is the guardian of the person of the child or the public or
private agency with whom the child has been placed by a court.
(5) "Judge" or "juvenile court judge" means the judge
of a juvenile court.
(6) "Juvenile court" means a court designated under
Section 51.04 of this code to exercise jurisdiction over
proceedings under this title.
(7) "Law-enforcement officer" means a peace officer as
defined by Article 2.12, Code of Criminal Procedure.
(8) "Nonoffender" means a child who:
(A) is subject to jurisdiction of a court under
abuse, dependency, or neglect statutes under Title 5 for reasons
other than legally prohibited conduct of the child; or
(B) has been taken into custody and is being held
solely for deportation out of the United States.
(9) "Parent" means the mother or the father of a child,
but does not include a parent whose parental rights have been
terminated.
(10) "Party" means the state, a child who is the
subject of proceedings under this subtitle, or the child's parent,
spouse, guardian, or guardian ad litem.
(11) "Prosecuting attorney" means the county
attorney, district attorney, or other attorney who regularly serves
in a prosecutory capacity in a juvenile court.
(12) "Referral to juvenile court" means the referral
of a child or a child's case to the office or official, including an
intake officer or probation officer, designated by the juvenile
board to process children within the juvenile justice system.
(13) "Secure correctional facility" means any public
or private residential facility, including an alcohol or other drug
treatment facility, that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the placement of any juvenile who
has been adjudicated as having committed an offense, any
nonoffender, or any other individual convicted of a criminal
offense.
(14) "Secure detention facility" means any public or
private residential facility that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the temporary placement of any
juvenile who is accused of having committed an offense, any
nonoffender, or any other individual accused of having committed a
criminal offense.
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section
51.03(b)(3);
(C) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(D) failure to attend school under Section
25.094, Education Code;
(E) a violation of standards of student conduct
as described by Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or
order;
(G) a violation of a provision of the Alcoholic
Beverage Code applicable to minors only; or
(H) a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for conduct for
which the person convicted may be sentenced to imprisonment or
confinement in jail; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
(17) "Valid court order" means a court order entered
under Section 54.04 concerning a child adjudicated to have engaged
in conduct indicating a need for supervision as a status offender.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2152, ch. 693, § 1, eff.
Sept. 1, 1975; Acts 1995, 74th Leg., ch. 262, § 3, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.06, 30.182, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 822, § 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 13, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1086, § 41, 47, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 821, § 2.02, eff. June 14, 2001; Acts 2001,
77th Leg., ch. 1297, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, § 1, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 1, eff. September 1, 2005.

§ 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED
FOR SUPERVISION. (a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court
under circumstances that would constitute contempt of that court
in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code; or
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305.
(c) Nothing in this title prevents criminal proceedings
against a child for perjury.
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show
by a preponderance of the evidence that the absence has been or
should be excused or that the absence was involuntary. A decision
by the court to excuse an absence for purposes of this subsection
does not affect the ability of the school district to determine
whether to excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), "child" does not
include a person who is married, divorced, or widowed.
(f) Except as provided by Subsection (g), conduct described
under Subsection (b)(1), other than conduct that violates Section
49.02, Penal Code, prohibiting public intoxication, does not
constitute conduct indicating a need for supervision unless the
child has been referred to the juvenile court under Section
51.08(b).
(g) In a county with a population of less than 100,000,
conduct described by Subsection (b)(1)(A) that violates Section
25.094, Education Code, is conduct indicating a need for
supervision.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, § 2 to 4, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, § 1, eff.
June 6, 1977; Acts 1987, 70th Leg., ch. 511, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 924, § 1, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 955, § 1, eff. June 19, 1987; Acts
1987, 70th Leg., ch. 1040, § 20, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 1099, § 48, eff. Sept. 1, 1987; Acts 1989, 71st
Leg., ch. 1100, § 3.02, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 1245, § 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg.,
ch. 14, § 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
16, § 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169,
§ 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, § 1,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 14.30, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, § 4, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.07, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 14, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1015, § 15, eff. June 19, 1997; Acts 1997,
75th Leg., ch. 1086, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1297, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 1514, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
137, § 11, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 3, eff. September 1,
2007.

§ 51.031. HABITUAL FELONY CONDUCT. (a) Habitual
felony conduct is conduct violating a penal law of the grade of
felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least
two previous final adjudications as having engaged in delinquent
conduct violating a penal law of the grade of felony;
(2) the second previous final adjudication is for
conduct that occurred after the date the first previous
adjudication became final; and
(3) all appeals relating to the previous adjudications
considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final
if the child is placed on probation or committed to the Texas Youth
Commission.
(c) An adjudication based on conduct that occurred before
January 1, 1996, may not be considered in a disposition made under
this section.

Added by Acts 1995, 74th Leg., ch. 262, § 5, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1086, § 2, eff. Sept. 1,
1997.

§ 51.04. JURISDICTION. (a) This title covers the
proceedings in all cases involving the delinquent conduct or
conduct indicating a need for supervision engaged in by a person who
was a child within the meaning of this title at the time the person
engaged in the conduct, and, except as provided by Subsection (h),
the juvenile court has exclusive original jurisdiction over
proceedings under this title.
(b) In each county, the county's juvenile board shall
designate one or more district, criminal district, domestic
relations, juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c) and (d) of this section.
(c) If the county court is designated as a juvenile court,
at least one other court shall be designated as the juvenile court.
A county court does not have jurisdiction of a proceeding involving
a petition approved by a grand jury under Section 53.045 of this
code.
(d) If the judge of a court designated in Subsection (b) or
(c) of this section is not an attorney licensed in this state, there
shall also be designated an alternate court, the judge of which is
an attorney licensed in this state.
(e) A designation made under Subsection (b) or (c) of this
section may be changed from time to time by the authorized boards or
judges for the convenience of the people and the welfare of
children. However, there must be at all times a juvenile court
designated for each county. It is the intent of the legislature
that in selecting a court to be the juvenile court of each county,
the selection shall be made as far as practicable so that the court
designated as the juvenile court will be one which is presided over
by a judge who has a sympathetic understanding of the problems of
child welfare and that changes in the designation of juvenile
courts be made only when the best interest of the public requires
it.
(f) If the judge of the juvenile court or any alternate
judge named under Subsection (b) or (c) is not in the county or is
otherwise unavailable, any magistrate may make a determination
under Section 53.02(f) or may conduct the detention hearing
provided for in Section 54.01.
(g) The juvenile board may appoint a referee to make
determinations under Section 53.02(f) or to conduct hearings under
this title. The referee shall be an attorney licensed to practice
law in this state and shall comply with Section 54.10. Payment of
any referee services shall be provided from county funds.
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 25.094, Education Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 1357, ch. 514, § 1, eff. June
19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, § 5 to 7, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch. 411, § 1, eff.
June 15, 1977; Acts 1987, 70th Leg., ch. 385, § 1, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 168, § 4, eff. Aug. 30, 1993;
Acts 1999, 76th Leg., ch. 232, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1297, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1514, § 12, eff. Sept. 1, 2001.

§ 51.041. JURISDICTION AFTER APPEAL. (a) The court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 17
years of age if, as a result of an appeal by the person or the state
under Chapter 56 or by the person under Article 44.47, Code of
Criminal Procedure, of an order of the court, the order is reversed
or modified and the case remanded to the court by the appellate
court.
(b) If the respondent is at least 18 years of age when the
order of remand from the appellate court is received by the juvenile
court, the juvenile court shall proceed as provided by Sections
54.02(o)-(r) for the detention of a person at least 18 years of age
in discretionary transfer proceedings. Pending retrial of the
adjudication or transfer proceeding, the juvenile court may:
(1) order the respondent released from custody;
(2) order the respondent detained in a juvenile
detention facility; or
(3) set bond and order the respondent detained in a
county adult facility if bond is not made.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.
Amended by Acts 2001, 77th Leg., ch. 1297, § 4, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 283, § 2, eff. Sept. 1, 2003.

§ 51.0411. JURISDICTION FOR TRANSFER OR RELEASE
HEARING. The court retains jurisdiction over a person, without
regard to the age of the person, who is referred to the court under
Section 54.11 for transfer to the Texas Department of Criminal
Justice or release under supervision.

Added by Acts 1997, 75th Leg., ch. 1086, § 3, eff. June 19, 1997.

§ 51.0412. JURISDICTION OVER INCOMPLETE
PROCEEDINGS. The court retains jurisdiction over a person,
without regard to the age of the person, who is a respondent in an
adjudication proceeding, a disposition proceeding, a proceeding to
modify disposition, or a motion for transfer of determinate
sentence probation to an appropriate district court if:
(1) the petition, motion to modify, or motion for
transfer was filed while the respondent was younger than 18 years of
age;
(2) the proceeding is not complete before the
respondent becomes 18 years of age; and
(3) the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 18 years of
age.

Added by Acts 2001, 77th Leg., ch. 1297, § 5, eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 4, eff. September 1,
2007.

§ 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF
THE CHILD. (a) A child who objects to the jurisdiction of the
court over the child because of the age of the child must raise the
objection at the adjudication hearing or discretionary transfer
hearing, if any.
(b) A child who does not object as provided by Subsection
(a) waives any right to object to the jurisdiction of the court
because of the age of the child at a later hearing or on appeal.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.

§ 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision
of this title requires a jury of 12 persons, that provision prevails
over any other law that limits the number of members of a jury in a
particular county court at law. The state and the defense are
entitled to the same number of peremptory challenges allowed in a
district court.

Added by Acts 1987, 70th Leg., ch. 385, § 2, eff. Sept. 1, 1987.

§ 51.05. COURT SESSIONS AND FACILITIES. (a) The
juvenile court shall be deemed in session at all times. Suitable
quarters shall be provided by the commissioners court of each
county for the hearing of cases and for the use of the judge, the
probation officer, and other employees of the court.
(b) The juvenile court and the juvenile board shall report
annually to the commissioners court on the suitability of the
quarters and facilities of the juvenile court and may make
recommendations for their improvement.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 8, eff.
Sept. 1, 1975.

§ 51.06. VENUE. (a) A proceeding under this title
shall be commenced in
(1) the county in which the alleged delinquent conduct
or conduct indicating a need for supervision occurred; or
(2) the county in which the child resides at the time
the petition is filed, but only if:
(A) the child was under probation supervision in
that county at the time of the commission of the delinquent conduct
or conduct indicating a need for supervision;
(B) it cannot be determined in which county the
delinquent conduct or conduct indicating a need for supervision
occurred; or
(C) the county in which the child resides agrees
to accept the case for prosecution, in writing, prior to the case
being sent to the county of residence for prosecution.
(b) An application for a writ of habeas corpus brought by or
on behalf of a person who has been committed to an institution under
the jurisdiction of the Texas Youth Commission and which attacks
the validity of the judgment of commitment shall be brought in the
county in which the court that entered the judgment of commitment is
located.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 1, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 7, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 488, § 1, eff. Sept. 1, 1999.

§ 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.
When a child has been found to have engaged in delinquent conduct or
conduct indicating a need for supervision under Section 54.03, the
juvenile court may transfer the case and transcripts of records and
documents to the juvenile court of the county where the child
resides for disposition of the case under Section 54.04. Consent
by the court of the county where the child resides is not required.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 3, eff. September 1, 2005.

§ 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by
Section 51.075, a juvenile court or juvenile probation department
may not engage in the practice of courtesy supervision of a child on
probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

§ 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: INTERIM SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) When a child on probation moves or intends to move from
one county to another and intends to remain in the receiving county
for at least 60 days, the juvenile probation department of the
sending county shall request that the juvenile probation department
of the receiving county provide interim supervision of the
child. If the receiving county and the sending county are member
counties within a judicial district served by one juvenile
probation department, then a transfer of probation supervision is
not required.
(c) The juvenile probation department of the receiving
county may refuse the request to provide interim supervision only
if:
(1) the residence of the child in the receiving county
is in a residential placement facility arranged by the sending
county; or
(2) the residence of the child in the receiving county
is in a foster care placement arranged by the Department of Family
and Protective Services.
(d) The juvenile probation department of the sending county
shall initiate the request for interim supervision by electronic
communication to the probation officer designated as the
inter-county transfer officer for the juvenile probation
department of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.
(e) The juvenile probation department of the sending county
shall provide the juvenile probation department of the receiving
county with the following information in the request for interim
supervision initiated under Subsection (d):
(1) the child's name, sex, age, race, and date of
birth;
(2) the name, address, date of birth, and social
security or driver's license number, and telephone number, if
available, of the person with whom the child proposes to reside or
is residing in the receiving county;
(3) the offense for which the child is on probation;
(4) the length of the child's probation term;
(5) a brief summary of the child's history of
referrals;
(6) a brief statement of any special needs of the
child;
(7) the name and telephone number of the child's school
in the receiving county, if available; and
(8) the reason for the child moving or intending to
move to the receiving county.
(f) Not later than 10 business days after a receiving county
has agreed to provide interim supervision of a child, the juvenile
probation department of the sending county shall provide the
juvenile probation department of the receiving county with a copy
of the following documents:
(1) the petition and the adjudication and disposition
orders for the child, including the child's thumbprint;
(2) the child's conditions of probation;
(3) the social history report for the child;
(4) any psychological or psychiatric reports
concerning the child;
(5) the Department of Public Safety CR 43J form or
tracking incident number concerning the child;
(6) any law enforcement incident reports concerning
the offense for which the child is on probation;
(7) any sex offender registration information
concerning the child;
(8) any juvenile probation department progress
reports concerning the child and any other pertinent documentation
for the child's probation officer;
(9) case plans concerning the child;
(10) the Texas Juvenile Probation Commission standard
assessment tool results for the child;
(11) the computerized referral and case history for
the child, including case disposition;
(12) the child's birth certificate;
(13) the child's social security number or social
security card, if available;
(14) the name, address, and telephone number of the
contact person in the sending county's juvenile probation
department;
(15) Title IV-E eligibility screening information for
the child, if available;
(16) the address in the sending county for forwarding
funds collected to which the sending county is entitled;
(17) any of the child's school or immunization records
that the juvenile probation department of the sending county
possesses; and
(18) any victim information concerning the case for
which the child is on probation.
(f-1) The inter-county transfer officers in the sending and
receiving counties shall agree on the official start date for the
period of interim supervision, which must begin no later than three
business days after the date the documents required under
Subsection (f) have been received and accepted by the receiving
county.
(g) The juvenile probation department of the receiving
county shall supervise the child under the probation conditions
imposed by the sending county and provide services similar to those
provided to a child placed on probation under the same conditions in
the receiving county. On request of the juvenile probation
department of the receiving county, the juvenile court of the
receiving county may modify the original probation conditions and
impose new conditions using the procedures in Section 54.05. The
juvenile court of the receiving county may not modify a financial
probation condition imposed by the juvenile court of the sending
county or the length of the child's probation term. The juvenile
court of the receiving county shall designate a cause number for
identifying the modification proceedings.
(h) The juvenile court of the sending county may revoke
probation for a violation of a condition imposed by the juvenile
court of the sending county only if the condition has not been
specifically modified or replaced by the juvenile court of the
receiving county. The juvenile court of the receiving county may
revoke probation for a violation of a condition of probation that
the juvenile court of the receiving county has modified or imposed.
(i) If a child is reasonably believed to have violated a
condition of probation imposed by the juvenile court of the sending
county, the juvenile court of the sending or receiving county may
issue a directive to apprehend or detain the child in a certified
detention facility, as in other cases of probation violation. In
order to respond to a probation violation under this subsection,
the juvenile court of the receiving county may:
(1) modify the conditions of probation or extend the
probation term; or
(2) require that the juvenile probation department of
the sending county resume direct supervision for the child.
(j) On receiving a directive from the juvenile court of the
receiving county under Subsection (i)(2), the juvenile probation
department of the sending county shall arrange for the prompt
transportation of the child back to the sending county at the
expense of the sending county. The juvenile probation department
in the receiving county shall provide the sending county with
supporting written documentation of the incidents of violation of
probation on which the request to resume direct supervision is
based.
(k) The juvenile probation department of the receiving
county is entitled to any probation supervision fees collected from
the child or the child's parent while providing interim supervision
for the child. During the period of interim supervision, the
receiving county shall collect and distribute to the victim
monetary restitution payments in the manner specified by the
sending county. At the expiration of the period of interim
supervision, the receiving county shall collect and distribute
directly to the victim any remaining payments.
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation if the
child's family is financially unable to pay for the program or
placement.
(m) Except as provided by Subsection (n), a period of
interim supervision may not exceed 180 days. Permanent
supervision automatically transfers to the juvenile probation
department of the receiving county after the expiration of the
period of interim supervision. The juvenile probation department
of the receiving county may request permanent supervision from the
juvenile probation department of the sending county at any time
before the 180-day interim supervision period expires. After
signing and entry of an order of transfer of permanent supervision
by the sending county juvenile court, the juvenile probation
department shall, in accordance with Section 51.073(b), promptly
send the permanent supervision order and related documents to the
receiving county.
(m-1) If a child on interim supervision moves to another
county of residence or is otherwise no longer in the receiving
county before the expiration of 180 days, the receiving county
shall direct the sending county to resume supervision of the child.
(n) Notwithstanding Subsection (m), the period of interim
supervision of a child who is placed on probation under Section
54.04(q) does not expire until the child has satisfactorily
completed the greater of either 180 days or one-third of the term of
probation, including one-third of the term of any extension of the
probation term ordered under Section 54.05. Permanent supervision
automatically transfers to the probation department of the
receiving county after the expiration of the period of interim
supervision under this subsection. If the state elects to initiate
transfer proceedings under Section 54.051, the juvenile court of
the sending county may order transfer of the permanent supervision
before the expiration of the period of interim supervision under
this subsection.
(o) At least once every 90 days during the period of interim
supervision, the juvenile probation department of the receiving
county shall provide the juvenile probation department of the
sending county with a progress report of supervision concerning the
child.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 5, eff. September 1,
2007.

§ 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: PERMANENT SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) On transfer of permanent supervision of a child under
Section 51.072(m) or (n), the juvenile court of the sending county
shall order the juvenile probation department of the sending county
to provide the juvenile probation department of the receiving
county with the order of transfer. On receipt of the order of
transfer, the juvenile probation department of the receiving county
shall ensure that the order of transfer, the petition, the order of
adjudication, the order of disposition, and the conditions of
probation are filed with the clerk of the juvenile court of the
receiving county.
(c) The juvenile court of the receiving county shall require
that the child be brought before the court in order to impose new or
different conditions of probation than those originally ordered by
the sending county or ordered by the receiving county during the
period of interim supervision. The child shall be represented by
counsel as provided by Section 51.10.
(d) Once permanent supervision is transferred to the
juvenile probation department of the receiving county, the
receiving county is fully responsible for selecting and imposing
conditions of probation, providing supervision, modifying
conditions of probation, and revoking probation. The sending
county has no further jurisdiction over the child's case.
(d-1) On the final transfer of a case involving a child who
has been adjudicated as having committed an offense for which
registration is required under Chapter 62, Code of Criminal
Procedure, the receiving county shall have jurisdiction to conduct
a hearing under that chapter. This subsection does not prohibit
the receiving county juvenile court from considering the written
recommendations of the sending county juvenile court.
(e) This section does not affect the sending county's
jurisdiction over any new offense committed by the child in the
sending county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 6, eff. September 1,
2007.

§ 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: DEFERRED PROSECUTION. (a) A juvenile court may
transfer interim supervision, but not permanent supervision, to the
county where a child on deferred prosecution resides.
(b) On an extension of a previous order of deferred
prosecution authorized under Section 53.03(j), the child shall
remain on interim supervision for an additional period not to
exceed 180 days.
(c) On a violation of the conditions of the original
deferred prosecution agreement, the receiving county shall forward
the case to the sending county for prosecution or other action in
the manner provided by Sections 51.072(i) and (j), except that the
original conditions of deferred prosecution may not be modified by
the receiving county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 7, eff. September 1,
2007.

§ 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING
COUNTIES. (a) If a child who is on probation in one county spends
substantial time in an adjoining county, including residing,
attending school, or working in the adjoining county, the juvenile
probation departments of the two counties may enter into a
collaborative supervision arrangement regarding the child.
(b) Under a collaborative supervision arrangement, the
juvenile probation department of the adjoining county may authorize
a probation officer for the county to provide supervision and other
services for the child as an agent of the juvenile probation
department of the county in which the child was placed on
probation. The probation officer providing supervision and other
services for the child in the adjoining county shall provide the
probation officer supervising the child in the county in which the
child was placed on probation with periodic oral, electronic, or
written reports concerning the child.
(c) The juvenile court of the county in which the child was
placed on probation retains sole authority to modify, amend,
extend, or revoke the child's probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

§ 51.08. TRANSFER FROM CRIMINAL COURT. (a) 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 other than public intoxication, or a
violation of a penal ordinance of a political subdivision, unless
he has been transferred to criminal court under Section 54.02 of
this code, the court exercising criminal jurisdiction shall
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, and shall order that the child be
taken to the place of detention designated by the juvenile court, or
shall release him to the custody of his parent, guardian, or
custodian, to be brought before the juvenile court at a time
designated by that court.
(b) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense:
(1) except as provided by Subsection (d), shall waive
its original jurisdiction and refer a child to juvenile court if the
child has previously been convicted of:
(A) two or more misdemeanors punishable by fine
only other than a traffic offense or public intoxication;
(B) two or more violations of a penal ordinance
of a political subdivision other than a traffic offense; or
(C) one or more of each of the types of
misdemeanors described in Paragraph (A) or (B) of this subdivision;
and
(2) may waive its original jurisdiction and refer a
child to juvenile court if the child:
(A) has not previously been convicted of a
misdemeanor punishable by fine only other than a traffic offense or
public intoxication or a violation of a penal ordinance of a
political subdivision other than a traffic offense; or
(B) has previously been convicted of fewer than
two misdemeanors punishable by fine only other than a traffic
offense or public intoxication or two violations of a penal
ordinance of a political subdivision other than a traffic offense.
(c) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense shall notify the juvenile court of the county
in which the court is located of the pending complaint and shall
furnish to the juvenile court a copy of the final disposition of any
matter for which the court does not waive its original jurisdiction
under Subsection (b) of this section.
(d) A court that has implemented a juvenile case manager
program under Article 45.056, Code of Criminal Procedure, may, but
is not required to, waive its original jurisdiction under
Subsection (b)(1).
(e) A juvenile court may not refuse to accept the transfer
of a case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 1040, § 21, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1245, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 169, § 2, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1297, § 6, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 283, § 3, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 650, § 1, eff. September 1, 2005.

§ 51.09. WAIVER OF RIGHTS. Unless a contrary intent
clearly appears elsewhere in this title, any right granted to a
child by this title or by the constitution or laws of this state or
the United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney
for the child;
(2) the child and the attorney waiving the right are
informed of and understand the right and the possible consequences
of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court
proceedings that are recorded.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 9, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 84, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 64, § 1, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 429, § 1, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 557, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 593, § 1, eff. Aug. 26, 1991; Acts 1995, 74th
Leg., ch. 262, § 8, 9, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 1086, § 4, eff. Sept. 1, 1997.

§ 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD.
(a) Notwithstanding Section 51.09, the statement of a child is
admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a
circumstance described by Subsection (d) and:
(A) the statement shows that the child has at
some time before the making of the statement received from a
magistrate a warning that:
(i) the child may remain silent and not make
any statement at all and that any statement that the child makes may
be used in evidence against the child;
(ii) the child has the right to have an
attorney present to advise the child either prior to any
questioning or during the questioning;
(iii) if the child is unable to employ an
attorney, the child has the right to have an attorney appointed to
counsel with the child before or during any interviews with peace
officers or attorneys representing the state; and
(iv) the child has the right to terminate
the interview at any time;
(B) and:
(i) the statement must be signed in the
presence of a magistrate by the child with no law enforcement
officer or prosecuting attorney present, except that a magistrate
may require a bailiff or a law enforcement officer if a bailiff is
not available to be present if the magistrate determines that the
presence of the bailiff or law enforcement officer is necessary for
the personal safety of the magistrate or other court personnel,
provided that the bailiff or law enforcement officer may not carry a
weapon in the presence of the child; and
(ii) the magistrate must be fully convinced
that the child understands the nature and contents of the statement
and that the child is signing the same voluntarily, and if a
statement is taken, the magistrate must sign a written statement
verifying the foregoing requisites have been met;
(C) the child knowingly, intelligently, and
voluntarily waives these rights before and during the making of the
statement and signs the statement in the presence of a magistrate;
and
(D) the magistrate certifies that the magistrate
has examined the child independent of any law enforcement officer
or prosecuting attorney, except as required to ensure the personal
safety of the magistrate or other court personnel, and has
determined that the child understands the nature and contents of
the statement and has knowingly, intelligently, and voluntarily
waived these rights;
(2) the statement is made orally and the child makes a
statement of facts or circumstances that are found to be true and
tend to establish the child's guilt, such as the finding of secreted
or stolen property, or the instrument with which the child states
the offense was committed;
(3) the statement was res gestae of the delinquent
conduct or the conduct indicating a need for supervision or of the
arrest;
(4) the statement is made:
(A) in open court at the child's adjudication
hearing;
(B) before a grand jury considering a petition,
under Section 53.045, that the child engaged in delinquent conduct;
or
(C) at a preliminary hearing concerning the child
held in compliance with this code, other than at a detention hearing
under Section 54.01; or
(5) subject to Subsection (f), the statement is made
orally under a circumstance described by Subsection (d) and the
statement is recorded by an electronic recording device, including
a device that records images, and:
(A) before making the statement, the child is
given the warning described by Subdivision (1)(A) by a magistrate,
the warning is a part of the recording, and the child knowingly,
intelligently, and voluntarily waives each right stated in the
warning;
(B) the recording device is capable of making an
accurate recording, the operator of the device is competent to use
the device, the recording is accurate, and the recording has not
been altered;
(C) each voice on the recording is identified;
and
(D) not later than the 20th day before the date of
the proceeding, the attorney representing the child is given a
complete and accurate copy of each recording of the child made under
this subdivision.
(b) This section and Section 51.09 do not preclude the
admission of a statement made by the child if:
(1) the statement does not stem from interrogation of
the child under a circumstance described by Subsection (d); or
(2) without regard to whether the statement stems from
interrogation of the child under a circumstance described by
Subsection (d), the statement is voluntary and has a bearing on the
credibility of the child as a witness.
(c) An electronic recording of a child's statement made
under Subsection (a)(5) shall be preserved until all juvenile or
criminal matters relating to any conduct referred to in the
statement are final, including the exhaustion of all appeals, or
barred from prosecution.
(d) Subsections (a)(1) and (a)(5) apply to the statement of
a child made:
(1) while the child is in a detention facility or other
place of confinement;
(2) while the child is in the custody of an officer;
or
(3) during or after the interrogation of the child by
an officer if the child is in the possession of the Department of
Protective and Regulatory Services and is suspected to have engaged
in conduct that violates a penal law of this state.
(e) A juvenile law referee or master may perform the duties
imposed on a magistrate under this section without the approval of
the juvenile court if the juvenile board of the county in which the
statement of the child is made has authorized a referee or master to
perform the duties of a magistrate under this section.
(f) A magistrate who provides the warnings required by
Subsection (a)(5) for a recorded statement may at the time the
warnings are provided request by speaking on the recording that the
officer return the child and the recording to the magistrate at the
conclusion of the process of questioning. The magistrate may then
view the recording with the child or have the child view the
recording to enable the magistrate to determine whether the child's
statements were given voluntarily. The magistrate's determination
of voluntariness shall be reduced to writing and signed and dated by
the magistrate. If a magistrate uses the procedure described by
this subsection, a child's statement is not admissible unless the
magistrate determines that the statement was given voluntarily.

Added by Acts 1997, 75th Leg., ch. 1086, § 4, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 982, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1477, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 7, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 21.001(29), eff. Sept. 1, 2001.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 8, eff. September 1,
2007.

§ 51.10. RIGHT TO ASSISTANCE OF ATTORNEY;
COMPENSATION. (a) A child may be represented by an attorney at
every stage of proceedings under this title, including:
(1) the detention hearing required by Section 54.01 of
this code;
(2) the hearing to consider transfer to criminal court
required by Section 54.02 of this code;
(3) the adjudication hearing required by Section 54.03
of this code;
(4) the disposition hearing required by Section 54.04
of this code;
(5) the hearing to modify disposition required by
Section 54.05 of this code;
(6) hearings required by Chapter 55 of this code;
(7) habeas corpus proceedings challenging the
legality of detention resulting from action under this title; and
(8) proceedings in a court of civil appeals or the
Texas Supreme Court reviewing proceedings under this title.
(b) The child's right to representation by an attorney shall
not be waived in:
(1) a hearing to consider transfer to criminal court
as required by Section 54.02 of this code;
(2) an adjudication hearing as required by Section
54.03 of this code;
(3) a disposition hearing as required by Section 54.04
of this code;
(4) a hearing prior to commitment to the Texas Youth
Commission as a modified disposition in accordance with Section
54.05(f) of this code; or
(5) hearings required by Chapter 55 of this code.
(c) If the child was not represented by an attorney at the
detention hearing required by Section 54.01 of this code and a
determination was made to detain the child, the child shall
immediately be entitled to representation by an attorney. The
court shall order the retention of an attorney according to
Subsection (d) or appoint an attorney according to Subsection (f).
(d) The court shall order a child's parent or other person
responsible for support of the child to employ an attorney to
represent the child, if:
(1) the child is not represented by an attorney;
(2) after giving the appropriate parties an
opportunity to be heard, the court determines that the parent or
other person responsible for support of the child is financially
able to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(e) The court may enforce orders under Subsection (d) by
proceedings under Section 54.07 or by appointing counsel and
ordering the parent or other person responsible for support of the
child to pay a reasonable attorney's fee set by the court. The
order may be enforced under Section 54.07.
(f) The court shall appoint an attorney to represent the
interest of a child entitled to representation by an attorney, if:
(1) the child is not represented by an attorney;
(2) the court determines that the child's parent or
other person responsible for support of the child is financially
unable to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(g) The juvenile court may appoint an attorney in any case
in which it deems representation necessary to protect the interests
of the child.
(h) Any attorney representing a child in proceedings under
this title is entitled to 10 days to prepare for any adjudication or
transfer hearing under this title.
(i) Except as provided in Subsection (d) of this section, an
attorney appointed under this section to represent the interests of
a child shall be paid from the general fund of the county in which
the proceedings were instituted according to the schedule in
Article 26.05 of the Texas Code of Criminal Procedure, 1965. For
this purpose, a bona fide appeal to a court of civil appeals or
proceedings on the merits in the Texas Supreme Court are considered
the equivalent of a bona fide appeal to the Texas Court of Criminal
Appeals.
(j) The juvenile board of a county may make available to the
public the list of attorneys eligible for appointment to represent
children in proceedings under this title as provided in the plan
adopted under Section 51.102. The list of attorneys must indicate
the level of case for which each attorney is eligible for
appointment under Section 51.102(b)(2).
(k) Subject to Chapter 61, the juvenile court may order the
parent or other person responsible for support of the child to
reimburse the county for payments the county made to counsel
appointed to represent the child under Subsection (f) or (g). The
court may:
(1) order payment for each attorney who has
represented the child at any hearing, including a detention
hearing, discretionary transfer hearing, adjudication hearing,
disposition hearing, or modification of disposition hearing;
(2) include amounts paid to or on behalf of the
attorney by the county for preparation time and investigative and
expert witness costs; and
(3) require full or partial reimbursement to the
county.
(l) The court may not order payments under Subsection (k)
that exceed the financial ability of the parent or other person
responsible for support of the child to meet the payment schedule
ordered by the court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 2, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 11, eff. Jan. 1,
1996; Acts 2001, 77th Leg., ch. 1297, § 8, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, § 4, eff. Sept. 1, 2003.

§ 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
REPRESENTATION. (a) If an attorney is appointed at the initial
detention hearing and the child is detained, the attorney shall
continue to represent the child until the case is terminated, the
family retains an attorney, or a new attorney is appointed by the
juvenile court. Release of the child from detention does not
terminate the attorney's representation.
(b) If there is an initial detention hearing without an
attorney and the child is detained, the attorney appointed under
Section 51.10(c) shall continue to represent the child until the
case is terminated, the family retains an attorney, or a new
attorney is appointed by the juvenile court. Release of the child
from detention does not terminate the attorney's representation.
(c) The juvenile court shall determine, on the filing of a
petition, whether the child's family is indigent if:
(1) the child is released by intake;
(2) the child is released at the initial detention
hearing; or
(3) the case was referred to the court without the
child in custody.
(d) A juvenile court that makes a finding of indigence under
Subsection (c) shall appoint an attorney to represent the child on
or before the fifth working day after the date the petition for
adjudication or discretionary transfer hearing was served on the
child. An attorney appointed under this subsection shall continue
to represent the child until the case is terminated, the family
retains an attorney, or a new attorney is appointed by the juvenile
court.
(e) The juvenile court shall determine whether the child's
family is indigent if a motion or petition is filed under Section
54.05 seeking to modify disposition by committing the child to the
Texas Youth Commission or placing the child in a secure
correctional facility. A court that makes a finding of indigence
shall appoint an attorney to represent the child on or before the
fifth working day after the date the petition or motion has been
filed. An attorney appointed under this subsection shall continue
to represent the child until the court rules on the motion or
petition, the family retains an attorney, or a new attorney is
appointed.

Added by Acts 2001, 77th Leg., ch. 1297, § 9, eff. Sept. 1, 2001.

§ 51.102. APPOINTMENT OF COUNSEL PLAN. (a) The
juvenile board in each county shall adopt a plan that:
(1) specifies the qualifications necessary for an
attorney to be included on an appointment list from which attorneys
are appointed to represent children in proceedings under this
title; and
(2) establishes the procedures for:
(A) including attorneys on the appointment list
and removing attorneys from the list; and
(B) appointing attorneys from the appointment
list to individual cases.
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the
requirements of Article 26.04, Code of Criminal Procedure, except
that:
(A) the income and assets of the child's parent
or other person responsible for the child's support must be used in
determining whether the child is indigent; and
(B) any alternative plan for appointing counsel
is established by the juvenile board in the county; and
(2) recognize the differences in qualifications and
experience necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for
supervision or delinquent conduct, and commitment to the Texas
Youth Commission is not an authorized disposition; or
(ii) delinquent conduct, and commitment to
the Texas Youth Commission without a determinate sentence is an
authorized disposition; or
(B) determinate sentence proceedings have been
initiated or proceedings for discretionary transfer to criminal
court have been initiated.

Added by Acts 2001, 77th Leg., ch. 906, § 11, eff. Jan. 1, 2002.
Renumbered from § 51.101 by Acts 2003, 78th Leg., ch. 1275, §
2(51), eff. Sept. 1, 2003. Renumbered from § 51.101 and amended
by Acts 2003, 78th Leg., ch. 283, § 5, eff. Sept. 1, 2003.

§ 51.11. GUARDIAN AD LITEM. (a) If a child appears
before the juvenile court without a parent or guardian, the court
shall appoint a guardian ad litem to protect the interests of the
child. The juvenile court need not appoint a guardian ad litem if a
parent or guardian appears with the child.
(b) In any case in which it appears to the juvenile court
that the child's parent or guardian is incapable or unwilling to
make decisions in the best interest of the child with respect to
proceedings under this title, the court may appoint a guardian ad
litem to protect the interests of the child in the proceedings.
(c) An attorney for a child may also be his guardian ad
litem. A law-enforcement officer, probation officer, or other
employee of the juvenile court may not be appointed guardian ad
litem.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.

§ 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
GUARDIAN. (a) Each parent of a child, each managing and
possessory conservator of a child, each court-appointed custodian
of a child, and a guardian of the person of the child shall attend
each hearing affecting the child held under:
(1) Section 54.02 (waiver of jurisdiction and
discretionary transfer to criminal court);
(2) Section 54.03 (adjudication hearing);
(3) Section 54.04 (disposition hearing);
(4) Section 54.05 (hearing to modify disposition);
and
(5) Section 54.11 (release or transfer hearing).
(b) Subsection (a) does not apply to:
(1) a person for whom, for good cause shown, the court
waives attendance;
(2) a person who is not a resident of this state; or
(3) a parent of a child for whom a managing conservator
has been appointed and the parent is not a conservator of the child.
(c) A person required under this section to attend a hearing
is entitled to reasonable written or oral notice that includes a
statement of the place, date, and time of the hearing and that the
attendance of the person is required. The notice may be included
with or attached to any other notice required by this chapter to be
given the person. Separate notice is not required for a disposition
hearing that convenes on the adjournment of an adjudication
hearing. If a person required under this section fails to attend a
hearing, the juvenile court may proceed with the hearing.
(d) A person who is required by Subsection (a) to attend a
hearing, who receives the notice of the hearing, and who fails to
attend the hearing may be punished by the court for contempt by a
fine of not less than $100 and not more than $1,000. In addition to
or in lieu of contempt, the court may order the person to receive
counseling or to attend an educational course on the duties and
responsibilities of parents and skills and techniques in raising
children.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.

§ 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
not terminate the employment of a permanent employee because the
employee is required under Section 51.115 to attend a hearing.
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when notified of the hearing if the employee, as
soon as practical after the hearing, gives the employer actual
notice that the employee intends to return.
(c) A person who is injured because of a violation of this
section is entitled to reinstatement to the person's former
position and to damages, but the damages may not exceed an amount
equal to six months' compensation at the rate at which the person
was compensated when required to attend the hearing.
(d) The injured person is also entitled to reasonable
attorney's fees in an amount approved by the court.
(e) It is a defense to an action brought under this section
that the employer's circumstances changed while the employee
attended the hearing so that reemployment was impossible or
unreasonable. To establish a defense under this subsection, an
employer must prove that the termination of employment was because
of circumstances other than the employee's attendance at the
hearing.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.

§ 51.12. PLACE AND CONDITIONS OF DETENTION. (a) Except
as provided by Subsection (h), a child may be detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f);
(4) secure detention facility as provided by
Subsection (j); or
(5) county jail or other facility as provided by
Subsection (l).
(b) The proper authorities in each county shall provide a
suitable place of detention for children who are parties to
proceedings under this title, but the juvenile board shall control
the conditions and terms of detention and detention supervision and
shall permit visitation with the child at all reasonable times.
(b-1) A pre-adjudication secure detention facility may be
operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile pre-adjudication secure
detention facilities that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the Texas Juvenile Probation Commission that the
facilities are suitable or unsuitable for the detention of
children. In determining whether a facility is suitable or
unsuitable for the detention of children, the juvenile court judges
and juvenile board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c-1), and the status of any required corrective
actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the Texas Juvenile
Probation Commission;
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Probation Commission shall
annually inspect each public or private juvenile pre-adjudication
secure detention facility. The Texas Juvenile Probation
Commission shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the detention of
children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) Except as provided by Subsections (j) and (l), a child
may not be placed in a facility that has not been certified under
Subsection (c) as suitable for the detention of children and
registered under Subsection (i). Except as provided by Subsections
(j) and (l), a child detained in a facility that has not been
certified under Subsection (c) as suitable for the detention of
children or that has not been registered under Subsection (i) shall
be entitled to immediate release from custody in that facility.
(e) If there is no certified place of detention in the
county in which the petition is filed, the designated place of
detention may be in another county.
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design.
(g) Except for a child detained in a juvenile processing
office, a place of nonsecure custody, a secure detention facility
as provided by Subsection (j), or a facility as provided by
Subsection (l), a child detained in a building that contains a jail
or lockup may not have any contact with:
(1) part-time or full-time security staff, including
management, who have contact with adults detained in the same
building; or
(2) direct-care staff who have contact with adults
detained in the same building.
(h) This section does not apply to a person:
(1) after transfer to criminal court for prosecution
under Section 54.02; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Youth Commission; or
(B) violated a condition of release under
supervision of the Texas Youth Commission.
(i) Except for a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility under Subsection (b-1) in this state shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Probation Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(k) If a child who is detained under Subsection (j) or (l) is
not released from detention at the conclusion of the detention
hearing for a reason stated in Section 54.01(e), the child may be
detained after the hearing only in a certified juvenile detention
facility.
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census; and
(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the Texas Juvenile
Probation Commission that the facility complies with the
requirements of Subdivisions (3) and (4).
(m) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (i) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2155, ch. 693, § 10, 11, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 293, § 1, eff. Aug. 26,
1985; Acts 1987, 70th Leg., ch. 149, § 31, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 262, § 12, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 772, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1374, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 6.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 232, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477,
§ 2, eff; Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, §
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, § 13,
eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263, § 5, eff. June 8,
2007.

§ 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES.
(a) A post-adjudication secure correctional facility for juvenile
offenders may be operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Youth
Commission and that are located in the county at least annually and
shall certify in writing to the authorities responsible for
operating and giving financial support to the facilities and to the
Texas Juvenile Probation Commission that the facility or facilities
are suitable or unsuitable for the confinement of children. In
determining whether a facility is suitable or unsuitable for the
confinement of children, the juvenile court judges and juvenile
board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c), and the status of any required corrective actions;
and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Probation Commission shall annually
inspect each public or private juvenile post-adjudication secure
correctional facility that is not operated by the Texas Youth
Commission. The Texas Juvenile Probation Commission shall provide
a report to each juvenile court judge presiding in the same county
as an inspected facility indicating whether the facility is
suitable or unsuitable for the confinement of children in
accordance with minimum professional standards for the confinement
of children in post-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile post-adjudication secure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Youth
Commission, shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (d) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, § 6, eff. June 8,
2007.

§ 51.13. EFFECT OF ADJUDICATION OR DISPOSITION.
(a) Except as provided by Subsection (d), an order of adjudication
or disposition in a proceeding under this title is not a conviction
of crime. Except as provided by Chapter 841, Health and Safety
Code, an order of adjudication or disposition does not impose any
civil disability ordinarily resulting from a conviction or operate
to disqualify the child in any civil service application or
appointment.
(b) The adjudication or disposition of a child or evidence
adduced in a hearing under this title may be used only in
subsequent:
(1) proceedings under this title in which the child is
a party;
(2) sentencing proceedings in criminal court against
the child to the extent permitted by the Texas Code of Criminal
Procedure, 1965; or
(3) civil commitment proceedings under Chapter 841,
Health and Safety Code.
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12 of this code;
(2) after transfer for prosecution in criminal court
under Section 54.02 of this code; or
(3) after transfer from the Texas Youth Commission
under Section 61.084, Human Resources Code.
(d) An adjudication under Section 54.03 that a child engaged
in conduct that occurred on or after January 1, 1996, and that
constitutes a felony offense resulting in commitment to the Texas
Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or
54.05(f) is a final felony conviction only for the purposes of
Sections 12.42(a), (b), (c)(1), and (e), Penal Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 385, § 3, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 799, § 1, eff. June 18, 1993;
Acts 1995, 74th Leg., ch. 262, § 13, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, § 5, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, § 4.02, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 283, § 6, eff. Sept. 1, 2003.

§ 51.151. POLYGRAPH EXAMINATION. If a child is taken
into custody under Section 52.01 of this code, a person may not
administer a polygraph examination to the child without the consent
of the child's attorney or the juvenile court unless the child is
transferred to criminal court for prosecution under Section 54.02
of this code.

Added by Acts 1987, 70th Leg., ch. 708, § 1, eff. Sept. 1, 1987.

§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
burden of proof to be borne by the state in adjudicating a child to
be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas
Rules of Civil Procedure govern proceedings under this title.
(b) Discovery in a proceeding under this title is governed
by the Code of Criminal Procedure and by case decisions in criminal
cases.
(c) Except as otherwise provided by this title, the Texas
Rules of Evidence apply to criminal cases and Articles 33.03 and
37.07 and Chapter 38, Code of Criminal Procedure, apply in a
judicial proceeding under this title.
(d) When on the motion for appointment of an interpreter by
a party or on the motion of the juvenile court, in any proceeding
under this title, the court determines that the child, the child's
parent or guardian, or a witness does not understand and speak
English, an interpreter must be sworn to interpret for the person as
provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies
the court that the child, the child's parent or guardian, or a
witness is deaf, the court shall appoint a qualified interpreter to
interpret the proceedings in any language, including sign language,
that the deaf person can understand, as provided by Article 38.31,
Code of Criminal Procedure.
(f) Any requirement under this title that a document contain
a person's signature, including the signature of a judge or a clerk
of the court, is satisfied if the document contains the signature of
the person as captured on an electronic device or as a digital
signature. Article 2.26, Code of Criminal Procedure, applies in a
proceeding held under this title.
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of
Criminal Procedure, relating to the name of an adult defendant in a
criminal case, apply to a child in a proceeding held under this
title.
(h) Articles 57.01 and 57.02, Code of Criminal Procedure,
relating to the use of a pseudonym by a victim in a criminal case,
apply in a proceeding held under this title.
(i) Except as provided by Section 56.03(f), the state is not
required to pay any cost or fee otherwise imposed for court
proceedings in either the trial or appellate courts.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 14, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 1477, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 283, § 7, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 9, eff. September 1,
2007.

§ 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE
JUVENILE COURT. (a) This section applies only to a child who has a
right to a trial before a juvenile court the judge of which is not an
attorney licensed in this state.
(b) On any matter that may lead to an order appealable under
Section 56.01 of this code, a child may be tried before either the
juvenile court or the alternate juvenile court.
(c) The child may elect to be tried before the alternate
juvenile court only if the child files a written notice with that
court not later than 10 days before the date of the trial. After the
notice is filed, the child may be tried only in the alternate
juvenile court. If the child does not file a notice as provided by
this subsection, the child may be tried only in the juvenile court.
(d) If the child is tried before the juvenile court, the
child is not entitled to a trial de novo before the alternate
juvenile court.
(e) The child may appeal any order of the juvenile court or
alternate juvenile court only as provided by Section 56.01 of this
code.

Added by Acts 1977, 65th Leg., p. 1112, ch. 411, § 2, eff. June
15, 1977. Amended by Acts 1993, 73rd Leg., ch. 168, § 3, eff.
Aug. 30, 1993.

§ 51.19. LIMITATION PERIODS. (a) The limitation
periods and the procedures for applying the limitation periods
under Chapter 12, Code of Criminal Procedure, and other statutory
law apply to proceedings under this title.
(b) For purposes of computing a limitation period, a
petition filed in juvenile court for a transfer or an adjudication
hearing is equivalent to an indictment or information and is
treated as presented when the petition is filed in the proper court.
(c) The limitation period is two years for an offense or
conduct that is not given a specific limitation period under
Chapter 12, Code of Criminal Procedure, or other statutory law.

Added by Acts 1997, 75th Leg., ch. 1086, § 6, eff. Sept. 1, 1997.

§ 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
stage of the proceedings under this title, the juvenile court may
order a child who is referred to the juvenile court or who is
alleged by a petition or found to have engaged in delinquent conduct
or conduct indicating a need for supervision to be examined by a
disinterested expert, including a physician, psychiatrist, or
psychologist, qualified by education and clinical training in
mental health or mental retardation and experienced in forensic
evaluation, to determine whether the child has a mental illness as
defined by Section 571.003, Health and Safety Code, or is a person
with mental retardation as defined by Section 591.003, Health and
Safety Code. If the examination is to include a determination of
the child's fitness to proceed, an expert may be appointed to
conduct the examination only if the expert is qualified under
Subchapter B, Chapter 46B, Code of Criminal Procedure, to examine a
defendant in a criminal case, and the examination and the report
resulting from an examination under this subsection must comply
with the requirements under Subchapter B, Chapter 46B, Code of
Criminal Procedure, for the examination and resulting report of a
defendant in a criminal case.
(b) If, after conducting an examination of a child ordered
under Subsection (a) and reviewing any other relevant information,
there is reason to believe that the child has a mental illness or
mental retardation, the probation department shall refer the child
to the local mental health or mental retardation authority for
evaluation and services, unless the prosecuting attorney has filed
a petition under Section 53.04.
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or mental
retardation and the child is not currently receiving treatment
services for the mental illness or mental retardation, the
probation department shall refer the child to the local mental
health or mental retardation authority for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health or mental retardation authority made
under Subsection (b) or (c) to the Texas Juvenile Probation
Commission in a format specified by the commission.
(e) At any stage of the proceedings under this title, the
juvenile court may order a child who has been referred to the
juvenile court or who is alleged by the petition or found to have
engaged in delinquent conduct or conduct indicating a need for
supervision to be subjected to a physical examination by a licensed
physician.

Added by Acts 1999, 76th Leg., ch. 1477, § 4, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 828, § 5(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 35, § 6, eff. Jan. 1, 2004.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 7, eff. September 1, 2005.

§ 51.21. MENTAL HEALTH SCREENING AND REFERRAL. (a) A
probation department that administers the mental health screening
instrument or clinical assessment required by Section 141.042(e),
Human Resources Code, shall refer the child to the local mental
health authority for assessment and evaluation if:
(1) the child's scores on the screening instrument or
clinical assessment indicate a need for further mental health
assessment and evaluation; and
(2) the department and child do not have access to an
internal, contract, or private mental health professional.
(b) A probation department shall report each referral of a
child to a local mental health authority made under Subsection (a)
to the Texas Juvenile Probation Commission in a format specified by
the commission.

Added by Acts 2005, 79th Leg., Ch. 949, § 8, eff. September 1,
2005.

One consequence of this distinction was that juveniles were denied many fundamental constitutional and procedural rights:

2008-03-26T18:05:00.000-07:00

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2

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 744-97

RAYMOND HIDALGO, JR., APPELLANT

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Holland, J., delivered the opinion of the Court in which Mansfield, Price, Womack, and Keasler, J.J., joined. Keller, J., filed a concurring opinion, in which McCormick, P.J., and Johnson, J., joined. Meyers, J., dissented without opinion.

O P I N I O N

Appellant Raymond Hidalgo, Jr., a juvenile, challenges his criminal conviction due to error in his transfer from juvenile court. He contends he was denied his right to the assistance of counsel because his appointed attorney was not notified of the psychological examination, conducted pursuant to § 54.02(d) of the Juvenile Justice Code, until after the exam occurred.1 The Fourth Court of Appeals rejected this contention holding, inter alia, no Sixth Amendment violation arose from the failure to give his attorney prior notice of the exam. Hidalgo v. State, 945 S.W.2d 313 (Tex. App.-- San Antonio 1997). We granted appellant’s petition for discretionary review to address whether his attorney was entitled to prior notice of the exam.

I.

On December 25, 1997, while at a restaurant, appellant and a group of companions allegedly tried to initiate a fight with the victim, Charisma Perez, the victim’s boyfriend, Chris Garcia, and her friend, John Bernal. A security guard intervened and made them leave. Unaware appellant and his companions were following them, Perez, Garcia, and Bernal drove to Bernal’s apartment and parked. As Perez exited the car, she noticed a car coming towards her. As the car approached, Perez saw appellant leaning out of a car and pointing a hand gun towards her. Appellant fired the gun three or four times in Perez and Garcia’s direction. Perez was shot in her left arm and abdomen. Garcia was not hit.

At the time of his arrest, appellant was fifteen years old. He was initially charged as a juvenile.2 The State petitioned the juvenile court to transfer appellant to criminal court for prosecution as an adult.3 The State also filed a motion requesting a psychological exam, as mandated by § 54.02(d).4 The juvenile court granted the State’s motion for a psychological exam and on March 7th and 8th appellant was examined by a psychologist. The psychologist’s report was submitted to the juvenile court.5

The report from appellant’s psychological exam concerned his intellectual development, psychological maturity, personality dynamics, and mental abilities. The report listed appellant’s overall level of functioning, as measured on the Wechsler Scale, in the low-average (80-89) range of intelligence. The report indicated he was most proficient in logical reasoning, and least proficient in social judgment. The report also contained summaries of the psychologist’s conversations with appellant concerning performance at school; participation in special education programs; relationships with teachers, family, and friends; medical history; substance abuse; sexual promiscuity; and how he viewed his past and present emotional state. The report concluded, among other things, appellant had a "conduct disorder" and "dsythymic disorder."6

On March 28, 1995, the juvenile court waived jurisdiction and ordered appellant to be transferred to criminal court for prosecution as an adult. A jury found appellant guilty of attempted capital murder and sentenced him to fifty years imprisonment.

II.

On appeal, appellant relied on Estelle v. Smith, 451 U.S. 454, 101 S. Ct. 1866, 68 L. Ed. 2d 359 (1981) and Satterwhite v. State, 486 U.S. 249, 108 S. Ct. 1792, 100 L. Ed. 2d 284 (1988). Appellant claimed the failure to notify his attorney prior to the psychological examination violated his Sixth Amendment right to assistance of counsel. Specifically, he claimed that without advance notice his attorney could not advise him of the nature and purpose of the examination.

The Fourth Court of Appeals rejected appellant’s contention, distinguishing Estelle and Satterwhite on two grounds. First, Estelle and Satterwhite involved adjudicatory criminal proceedings, rather than non-adjudicatory juvenile transfer proceedings. Hidalgo, 945 S.W.2d at 319. Second, the rights at stake in Estelle and Satterwhite were "clearly of a greater magnitude" because the exams in those cases were used to determine eligibility for the death penalty.

The court of appeals recognized this Court has not addressed this issue. Relying on Lagrone v. State, 942 S.W.2d 602, 612 (Tex. Crim. App. 1997) the court of appeals concluded the State’s failure to give notice did not violate appellant’s rights because this Court held a juvenile does not have a Sixth Amendment right to have counsel present during the psychological exam. Hidalgo, 945 S.W.2d at 319-20. The court reasoned that "if the Sixth Amendment is not violated when a juvenile’s attorney is excluded from the examination itself, it stands to reason that no constitutional violation occurs when an attorney is not notified of the examination until after it has taken place." Id. at 320. The court rejected appellant’s contention that he needed to consult with counsel to decide whether to submit to the exam on the basis that the exam is mandatory under section 54.02(d) of the Texas Family Code. The Court also noted that if appellant had such a right it was waived because the psychologist’s report noted appellant was informed of his rights and the purpose of the exam, and he indicated he understood and was willing to proceed.

Appellant urges this Court to reverse the court of appeals’ holding that lack of prior notice did not violate appellant’s Sixth Amendment right to assistance of counsel.

III.

Before this Court can address whether a juvenile’s attorney is constitutionally entitled to prior notice of a court-ordered psychological exam, we must first determine whether the Sixth Amendment’s right to assistance of counsel applies to juveniles. Though it has been long settled that the Bill of Rights applies to juvenile proceedings, to what extent remains undetermined, and this precise issue has not been decided by this Court or the U.S. Supreme Court.7 Initially, procedural safeguards provided by the Constitution and the Bill of Rights were inapplicable to juvenile proceedings. Lanes, 767 S.W.2d at 792-94.8 This was due to the philosophy underlying the creation of the juvenile court system which viewed juveniles as needing the state’s care and guidance. State legislatures created juvenile courts for treatment and rehabilitation of child offenders. Id. at 792-93. The rehabilitative approach examined problems affecting individual offenders and structured individual rehabilitation programs to resolving "the wayward juvenile’s family, social and personal problems and to prepare [the juvenile] to be [a] healthy, productive and law abiding adult[]." Jeffrey Fagan & Elizabeth P. Deschene, Determinants of Judicial Waiver Decisions for Violent Juvenile Offenders, 81 Crim. L & Criminology 314, 318 (1990). The focus on individual treatment set juvenile courts apart from regular criminal courts. Lanes.767 S.W.2d at 792-93. The juvenile court focused on the best interests of the child through treatment, and the adult criminal court directed its efforts at punishing the offender. One consequence of this distinction was that juveniles were denied many fundamental constitutional and procedural rights:

Juvenile proceedings were defined as civil rather than criminal, rendering inapplicable the rules of criminal evidence and their appropriate safeguards against admittance of prejudicial and inflammatory evidence. ... Thus, the juvenile system's protective rejection of the adult system came at the cost of the procedural and constitutional protections attendant thereto; a dubious tradeoff--to say the least--and, as was recognized early on, the results have been less than satisfactory.

Lanes, 767 S.W.2d at 792-93 [citations omitted].

The Supreme Court recognized the procedural injustice of the juvenile system in Kent v. United States, 383 U.S. 541, 86 S. Ct. 1045, 16 L. Ed. 2d 84 (1966). In Kent, the Supreme Court determined that children should not be denied procedural rights given adults merely because juvenile proceedings are characterized as civil. Kent, 383 U.S. at 560, 86 S. Ct. at 1063. Identifying the transfer determination as "critically important," the Court held a state juvenile transfer process must operate in accordance with traditional notions of fundamental fairness. Id. The process must include a hearing, effective assistance of counsel, and counsel’s access to the child’s social file.

The Supreme Court continued defining fundamental constitutional protections applicable to the juvenile justice system in In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967). The Court held the Fourteenth Amendment’s Due Process Clause applied to juvenile delinquency proceedings entitling children to notice of charges, defense counsel, the privilege against self-incrimination, confrontation of and cross examination of witnesses. Gault, 387 U.S. at 49, 87 S. Ct. at 1455. In subsequent cases, the Supreme Court continued its case by case approach for determining the applicability of constitutional protections to juveniles. Rather than grant juveniles the full array of protections under the Constitutions and Bill of Rights, the Court has chosen to examine each protection claimed and the effect it would have on the unique framework of the juvenile justice system.

In Lanes v. State, 767 S.W.2d 789 (Tex. Crim. App. 1989), this Court was called on to determine whether the probable cause requirement of the Fourth Amendment of the U.S. Constitution and Article I § 9 of the Texas Constitution applies to juvenile arrests. Relying on the Supreme Court’s eight foundation opinions on juvenile rights for guidance,9 this Court distilled a test for delineating which constitutional protections apply to juveniles in juvenile court proceedings. This Court observed the Supreme Court, in evaluating whether and to what degree each constitutional protection extends to juvenile proceedings, utilized an analysis comparing the purposes and goals of the juvenile system to the particular right asserted. This Court then examined the purposes of the Texas juvenile system and the probable cause requirement, concluding the two did not conflict or undermine one another.

In adopting this balancing test this Court also announced a desire to "dispel the antiquated and unrealistic resistance to procedural safeguards" in the juvenile court system. We observed that due to the scarcity of treatment programs, professional training, and financial resources the juvenile system had become more punitive than rehabilitative. Id. at 800. Rather than ignore these realities we chose to balance the "aspirations of the juvenile court and the grim realities of the system." Id.

Recent amendments to the Juvenile Justice Code change juvenile adjudication and punishment, causing the "grim realities" to be even more salient. As this Court recently recognized in Blake v. State, 971 S.W.2d 451, 460 (Tex. Crim. App. 1998), juveniles now face consequences similar to those faced by adults. Most apparent is the fact juveniles may now be subject to a forty-year term of imprisonment. Tex. Fam. Code § 54.04(d)(3)(A) (i)-(iii). Blake recognized some of the legislative changes making the juvenile system more punitive than rehabilitative:

[T]he legislature expanded the definitions of delinquent conduct, expanded the list of felony offenses that authorize criminal proceedings for juveniles over the age of fourteen, authorized confinement in the Texas Department of Criminal Justice for various grades of felony and habitual felony conduct, categorized certain adjudications as ‘final felony convictions’ that can be used as enhancements for repeat offenders, removed provisions forbidding the maintenance of centralized photograph and fingerprint records, repealed laws about sealing and destruction of juvenile records, and mandated the use of the Texas Rules of Criminal Evidence and the evidentiary provisions of Chapter 38 of the Code of Criminal Procedure instead of their civil counterparts for judicial proceedings involving juveniles.

Blake, 971 S.W.2d at n.28. These recent legislative changes continue to erode the original justifications for denying juveniles the same procedural protections as adults.10 Therefore, consistent with our holding in Lanes, we will examine the juvenile proceeding at issue to determine whether it is the type of proceeding the Sixth Amendment was designed to protect. If so, we must then examine the impact or degree of impairment the constitutional protection will have on our juvenile justice system.

IV.

The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." U.S. Const. amend. VI. Designed to remedy any imbalance in our adversary system, the Sixth Amendment promises that an accused is entitled to defense counsel in all criminal prosecutions. State v. Frye, 897 S.W.2d 324, 327 (Tex. Crim. App. 1995). Under the Federal Constitution, the Sixth Amendment right to counsel attaches upon the commencement of adversarial proceedings. Kirby v. Illinois, 406 U.S. 682, 688-90, 92 S. Ct. 1877, 1881-83, 32 L. Ed. 2d 411 (1972). The right extends to all "critical stages" of the criminal proceeding, not just the actual trial. The Supreme Court, however, has not established a "bright line" rule to mark when adversarial proceedings begin. United States v. Gouveia, 467 U.S. 180, 187-89, 104 S. Ct. 2292, 2297-98, 81 L. Ed. 2d 146 (1984). Instead, the Supreme Court has left this determination to state courts.

This Court has also refused to declare a "bright line rule." See State v. Frye, 897 S.W.2d at 327-28; Green v. State, 872 S.W.2d 717, 720 (Tex. Crim. App. 1994).11 Instead, this Court has recognized that determining whether a particular event is a critical stage - thus triggering a Sixth Amendment right to counsel - depends on whether the accused requires aid in coping with legal problems or assistance in meeting his adversary. Frye, supra; Green, 872 S.W.2d at 720-22.

Appellant relies on Estelle and Satterwhite for his contention that the failure to notify his attorney in advance of the examination violated his Sixth Amendment right to assistance of counsel. In Estelle, a capital murder prosecution, the trial court ordered a pre-trial psychiatric evaluation of the defendant to determine whether he was competent to stand trial. Estelle, 451 U.S. at 456-57, 108 S. Ct. at 1870. The defendant was determined competent and subsequently convicted of first degree murder. On appeal, the defendant complained his Fifth and Sixth Amendment rights were violated at the sentencing phase of the trial when the court permitted the State to present testimony of the psychiatrist who performed the evaluation. Affirming the order vacating the death sentence, the Supreme Court agreed. Estelle, 451 U.S. at 468-71, 108 S. Ct. at 1875-77.

The Court held that the psychological exam did not violate the defendant’s Fifth and Sixth Amendment rights when used strictly to determine competency, but did violate those rights when used against him at the punishment stage. Id. The Court explained that by using the evaluation to prove the defendant’s future dangerousness, the State had moved beyond the neutral purpose for which the exam was intended. Estelle, 451 U.S. at 464, 108 S. Ct. at 1874 The Court concluded that once the results of the exam were used for a "much broader objective that was plainly adverse" to the defendant the evaluation amounted to a custodial interrogation entitling the defendant to Fifth Amendment protections. Id. The Court also determined the defendant’s Sixth Amendment right to counsel was violated because the State’s later use of the examination at the sentencing proceeding caused the examination "to be a critical stage of the aggregate proceeding against the respondent." Estelle, 451 U.S. at 470, 108 S. Ct. at 1877.

Unlike Estelle, appellant is not complaining of the State’s use of the psychologist’s report against him at his criminal prosecution. Appellant is challenging the use of the report against him at the juvenile transfer hearing.12 A similar argument was made in United States v. A.R., 38 F.3d 699 (3rd Cir. 1994). The defendant, a juvenile, challenged the district court’s transfer order on the basis that his constitutional rights were violated. Id. at 700. Relying on Estelle, the defendant maintained the psychiatric examinations conducted for use in his transfer hearing violated his rights under the Fifth and Sixth Amendment. At the defendant’s transfer hearing, the government introduced several psychiatric and psychological reports. The evaluations, on which the reports were based, were conducted in preparation for a similar transfer motion then pending in state court regarding unrelated state charges. Id. at 700-701. The reports were admitted over the defendant’s objection that they violated his Fifth and Sixth Amendment rights because he was not Mirandized and his appointed counsel was not notified of the examinations.

On appeal to the United States Third Court of Appeals, the court determined the defendant’s reliance on Estelle was misplaced. United States v. A.R., 38 F.3d at 704. Estelle did not hold that a psychological exam is the sort of event to which the Sixth Amendment right to assistance of counsel attaches. Rather, Estelle held that if evidence acquired from the exam is used against the defendant during a criminal prosecution, the exam exceeds the neutral purpose for which it was intended and should be viewed as a critical stage. Id. at 704. As such, the Third Court of Appeals concluded that because evidence acquired from the exam was not used against the defendant in his criminal prosecution, but only in the juvenile transfer hearing, the defendant was not entitled to relief under Estelle. Id. at 705.

Rather than end its inquiry, the Third Court of Appeals went on to examine the applicability of the Fifth and Sixth Amendment to juvenile transfer proceedings. For guidance, the court looked to the reasoning in Estelle and conclude that, like a competency hearing, the proceeding is intended to serve an important neutral purpose. Id. The court emphasized that psychiatric and psychological reports obtained for purposes of transfer hearing, do not bear on the question of guilt or innocence; but only the manner in which the state proceeds against the accused. Citing the factors13 used to measure whether a given proceeding is a critical stage triggering the right to assistance of counsel, the Third Court of Appeals observed its reading of Estelle was consistent with established Sixth Amendment jurisprudence. The court of appeals also observed that its holding, in the language of Estelle, did not "derogate from the accused’s right to a fair trial." United States v. A.R., 38 F.3d at 705 (citing Estelle, 451 U.S. at 470).

V.

After exploring the purpose of the transfer mechanism, the judicial transfer process,14 and the trial court’s use of psychiatric and psychological reports, we conclude the Texas juvenile transfer proceeding serves a neutral purpose. State legislatures originally devised the process as a means of removing serious or persistent juvenile offenders generally not amenable to rehabilitation to the adult criminal system. The presence of such juveniles in the juvenile system was seen as a threat to the fundamental structure of the juvenile system and the less criminally sophisticated.15 Transfer was intended to be used only in exceptional cases. The philosophy was that, whenever possible, children "should be protected and rehabilitated rather than subjected to the harshness of the criminal system" because "children, all children are worth redeeming." President’s Commission on Law Enforcement and Administration of Justice (1967).

The Supreme Court acknowledged the critical importance of transfer in Kent. To limit the juvenile court’s discretion in making the transfer determination, the Supreme Court set out a series of factors for juvenile courts to consider. The Kent factors were classified according to the potential danger to the public, contrasted with the juvenile offender’s amenability to treatment. These factors are incorporated into Texas juvenile waiver law. See Tex. Fam. Code § 54.02(f).16 To assist the court in assessing these factors, the law requires a psychological examination by a doctor with specialized training in adolescent psychology and forensic assessment. Tex. Fam. Code § 54.02(d). The exam provides insight on the juvenile’s sophistication, maturity, potential for rehabilitation, decision-making ability, metacognitive skills, psychological development, and other sociological and cultural factors.

Appellant contends the tremendous consequences transfer had on him as a juvenile offender required that his attorney be given prior notice of the exam so that he could advise appellant as to the nature and purpose of the exam, as well as the consequences of transfer. Appellant rejects the court of appeals’ reliance on Lagrone v. State, contending this Court did not hold a juvenile is not entitled to confer with counsel before the examination.17 He also maintains the court of appeals erred in downplaying the significance of transfer because though transfer is not a life and death matter, the consequences may be similarly devastating. We agree. We join at least one other state court which found transfer to criminal district court for adult prosecution is "the single most serious act the juvenile court can perform . . . because once waiver of jurisdiction occurs, the child loses all protective and rehabilitative possibilities available." State v. R.G.D., 527 A.2d 834, 835 (N.J. 1987). Once transferred, a child will be subject to the retributive punishment of the criminal justice system instead of the rehabilitative goal of the juvenile justice system. Should the State’s transfer petition be granted, the juvenile will be subject to more stringent punishment.18 Additionally, loss of juvenile status results in "the personal degradation and restriction of legitimate opportunity that often follow a criminal conviction."19 Despite the tremendous consequences, however, we cannot say the psychological exam itself constitutes a critical stage triggering Sixth Amendment protection.

As previously discussed, whether a particular event is a critical stage depends on whether the accused requires aid in coping with legal problems or assistance in meeting his adversary. See State v. Frye, 897 S.W.2d at 327-28; Green, 872 S.W.2d at 720-22. In the psychological exam itself, the abuses the Sixth Amendment was devised to protect against are not present. In the transfer hearing, where determination is actually made, a juvenile is entitled to the assistance of counsel. Tex. Fam. Code § 51.10(a)(2); Kent v. United States, supra. Also in the transfer hearing, the juvenile has the opportunity to challenge the methods employed in the exam and the conclusions reached in the report.20 As for appellant’s contention that juveniles should be advised as to the nature and purpose of the exam, we agree. However, we cannot say the exam itself is the type of legal confrontation that can be understood only after consulting with counsel. As in the present case, the doctor administering the evaluation typically apprizes the juvenile of his or her rights with regard to psychological testing and the purpose of the examination. Furthermore, because the exam is mandated by statute, counsel is aware of the need to advise his client when the State files the transfer petition. Tex. Fam. Code § 54.02(d).

Our holding today protects the individualistic and rehabilitative philosophy of the juvenile system because it preserves the judicial transfer process which, unlike prosecutorial or legislative transfer, examines and considers those issues specific to the individual juvenile.21 Judicial transfer permits the interests of both society and the juvenile to weigh against each other in a neutral setting. Use of statements made in the exam the juvenile’s criminal prosecution disregards the rationale for the exam and effectively transforms the exam into a criminal investigation. Also, if juveniles can not be assured that their statements can not be used against them in future criminal prosecutions, they will not want to participate in the exam. As such, the juvenile court’s ability to obtain all available information and to gather reliable evidence would be frustrated.

VI.

Though this Court recognizes today that counsel serves no functional purpose in the psychological exam conducted for the neutral purpose of determining whether a juvenile should be transferred to criminal court, we are not blind to the potential for injustice. In light of the criteria a juvenile court is required to consider in making its determination on transfer, we recognize that it is all but inevitable, that in the course of any psychiatric or psychological examination, the doctor will inquire into the facts of the alleged offense and the juveniles’s prior criminal experiences. See Tex. Fam. Code §54.02(d) & (f). Such a query is permissible so long as it is not intended to force juveniles to supply incriminating evidence or investigative leads against themselves. Failure to limit the query to its permissible purpose could lead to a violation of a juvenile’s right against self-incrimination or right to counsel.

Though the psychological report in this case contained information concerning appellant’s previous delinquency and criminal conduct, as well as a summary of the doctor’s conversation with appellant regarding the offense alleged and his prior delinquent conduct, we cannot say the exam exceeded its intended purpose.22 Because appellant was forced to supply neither incriminating evidence nor investigative leads, we do not agree with appellant’s contention that the exam amounted to a custodial interrogation entitling him to Fifth and Sixth Amendment protections. Furthermore, because the State’s use of the information elicited from the exam was limited to the transfer determination, we find no constitutional violations consistent with Estelle or Satterwhite.

The decision of the court of appeals and the judgment of the trial court are affirmed.

HOLLAND, J.

Date Delivered: January 13, 1999

Publish

1

The Juvenile Justice Code is Titles 3 and 4 of the Texas Family Code. All statutory references, unless otherwise indicated, are to the current Texas Family Code.

2

Pursuant to § 51.02(2), juvenile court jurisdiction attaches to any child age ten or older and under eighteen who engages in "delinquent conduct or conduct indicating a need for supervision" as defined by the code. Some law violations, however, are under the exclusive jurisdiction of the criminal court even though the person was under eighteen at the time the alleged offense. These offenses include perjury, traffic violations, offenses punishable by fine only, and certain alcohol violations. Tex. Fam. Code § 51.03.

3

The transfer of a juvenile to criminal court is sometimes referred to as certification to criminal court or waiver of juvenile court jurisdiction. All of these terms refer to the process by which the court relinquishes its jurisdiction over a child and transfers the case to a court of criminal jurisdiction for prosecution as an adult. S. Davis, Rights of Juveniles: The Juvenile Justice System § 4.1, 4-1 (1990). The Texas Family Code refers to juvenile transfer as "waiver of jurisdiction and discretionary transfer to criminal court." Tex. Fam. Code § 54.02. For purposes of this opinion we will refer to this process as "transfer."

A juvenile court’s discretionary power to transfer a juvenile can be exercised only where the State files a petition or motion requesting waiver and transfer. Tex. Fam. Code § 53.04. When the State requests a transfer, the juvenile court is required to "conduct a hearing without a jury to consider transfer of the child for criminal proceedings." Tex. Fam. Code § 54.02. The question presented to the juvenile court is whether there is "probable cause to believe that the child before the court committed the offense alleged and that because of the seriousness of the offense or the background of the child the welfare of the community requires criminal prosecution." Tex. Fam. Code § 54.02(a)(3). In making this determination the juvenile court is required to consider: whether the alleged offense was against a person or property, with offenses against the person weighing more in favor of transfer; whether the alleged offense was committed in an aggressive and premeditated manner; whether there is evidence on which a grand jury may be expected to return an indictment; the sophistication and maturity of the child; the record and previous history of the child; and the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities available to the juvenile court. Tex. Fam. Code § 54.02(f). For offenses committed on or after January 1, 1996, the legislature no longer requires a juvenile court to consider whether the alleged offense was committed in an aggressive and premeditated manner, or whether there is evidence on which a grand jury may be expected to return an indictment. Tex. Fam. Code § 54.02(f).

4

Section 54.02(d) requires that prior to a hearing on the State’s petition for transfer of a juvenile, the juvenile court "shall order and obtain a complete diagnostic study, social evaluation, and full investigation of the child, his circumstances and the circumstances of the alleged offense." Tex. Fam. Code § 54.02(d). This report is intended for use in the transfer proceeding.

5

Section 54.02(e) authorizes the juvenile court to consider the report mandated by § 54.02(d) in making a determination on transfer. A juvenile court may also consider at the transfer hearing written reports from probation officers, professional court employees, or professional consultants. The court may also hear the testimony of witnesses. Tex. Fam. Code § 54.02(e).

6

The report does not reflect that appellant’s attorney was notified as to when the exam was to occur. The record indicates that on March 6, 1995, the district attorney’s office sent appellant’s attorney, a copy of the motion and order for the psychological exam by certified mail, along with the State’s first amended petition for transfer. Noticeably absent from the record, however, is the return receipt documenting counsel’s receipt of these documents. At a pretrial hearing, appellant’s attorney testified he did not receive notice of the exam until the district attorney’s office sent him a facsimile on March 23, 1995. In light of these facts, and the State’s position that providing appellant’s attorney with advance notice of the exam is neither constitutional nor statutorily required, we will assume no notice was given.

7

See Lanes v. State, 767 S.W.2d 789, 791 (Tex. Crim. App. 1989). The Supreme Court in In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967) determined that "[n]either the Fourteenth Amendment nor the Bill of Rights is for adults alone." See also Haley v. Ohio, 332 U.S. 596, 601, 68 S. Ct. 302, 304, 92 L. Ed. 224 (1948) and Gallegos v. Colorado, 370 U.S. 49, 82 S. Ct. 1209, 8 L. Ed. 2d 325 (1962)).

8

In 1899, the Illinois Legislature enacted the first juvenile court act providing a system devoted entirely to the adjudication of juvenile offenders. See Act of April 21, 1899, Ill. Laws 131 §§ 1-21. By 1912, there were juvenile court systems in at least twenty-two states. All but two states had juvenile courts systems by 1925. Charles W. Thomas & Shay Bilchik, Prosecuting Juveniles in Criminal Courts: A Legal and Empirical Analysis, 76 Crim. L. & Criminology 439, 451 (1985). Texas established a separate court system for juveniles in 1907, with the adoption of the Juvenile Court Act. Bill Anderson & Ronny Gurley, The Juvenile Offender & Texas Law: A Handbook (1969). Texas’ first juvenile code was enacted in 1943 and included a provision for the prosecution of juvenile offenders in adult criminal courts. Act of 1943, 48th Leg., R.S. ch. 204, art. 2338-1 (Vernon 1971).

9

The eight Supreme Court opinions: (1) Haley v. Ohio, 332 U.S. 596, 601, 68 S. Ct. 302, 304, 92 L. Ed. 224 (1948) entitling juveniles to protections against coerced confessions. See Tex. Fam. Code § 51.09.; (2) Kent v. U.S., 383 U.S. 541, 86 S. Ct. 1045, 16 L. Ed. 2d 84 (1966) entitling juveniles to procedural protections in transfer hearings. See Tex. Fam. Code § 54.02.; (3) In re Gault, 387 U.S. 1, 49, 87 S. Ct. 1428, 1455, 18 L. Ed. 2d 527 (1967) entitling juveniles to rights of notice, counsel, confrontation, cross-examination and protection against self-incrimination. See Tex. Fam. Code § 51.10, § 53.01, § 5 3.04, § 53.06, and § 54.03.; (4) In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970) entitling juveniles to proof beyond a reasonable doubt in delinquency determination. See Tex. Fam. Code. § 54.06.; (5) McKeiver v. Pennsylvania, 403 U.S. 528, 91 S. Ct. 1976, 29 L. Ed. 2d 647 (1971) refusing juveniles the right to jury in delinquency determination; But see, Tex. Fam. Code § 54.03.; (6) Breed v. Jones, 421 U.S. 519, 95 S. Ct. 1779, 44 L. Ed. 2d 346 (1975) entitling juveniles to double jeopardy protections. See Tex. Fam. Code § 54.02(a)(2) and (j)(3)).; (7) Schall v. Martin, 467 U.S. 253, 104 S. Ct. 2403, 81 L. Ed. 2d 207 (1984) recognizing pre-trial detention of juveniles valid, (8) New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985) entitling juveniles to a diminished Fourth Amendment standard in school searches. See Lanes, 767 S.W.2d at 794.

10

It is evident that this legislative trend towards punishment will continue in light of the public’s perception of, and anxiety about, an increase in violent juvenile crime. Violent juvenile crime, however, has continued to decline. FBI’s Annual Report, Crime in the United States 1996 & 1997. If this legislative trend continues and juveniles are subject to the similar punishment in juvenile court as in criminal court, the philosophy underlying the need for two separate court systems disappears.

11

Examples of actions which we have held to mark the initiation of formal adversarial proceedings include: filing an indictment, DeBlanc v. State, 799 S.W.2d 701 (Tex. Crim. App. 1990), cert. denied, 501 U.S. 1259, 111 S. Ct. 2912, 115 L. Ed. 2d 1075 (1991); filing an information and complaint, McCambridge v. State, 712 S.W.2d 499 (Tex. Crim. App. 1986); arraignment, Michigan v. Jackson, 475 U.S. 625, 629, 106 S. Ct. 1404, 1407, 89 L. Ed. 2d 631 (1986); and an Article 15.17 "warning hearing," where an arrest warrant was present, Nehman v. State, 721 S.W.2d 319 (Tex. Crim. App. 1986). The right to assistance of counsel under the Sixth Amendment is not triggered by an arrest alone. Green, 872 S.W.2d at 720; Garcia v. State, 626 S.W.2d 46, 53 (Tex. Crim. App.1981); Kirby, 406 U.S. at 688-91, 92 S. Ct. at 1881-83, 32 L. Ed. 2d at 417-18; c.f. United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967).

12

The record reflects that it was appellant’s counsel who admitted the report into evidence during the punishment phase of appellant’s criminal prosecution.

13

The court relied on the three factors extracted by the Ninth Circuit in Menefield v. Borg, 881 F.2d 696, 698-99 (9th Cir. 1989)):

First, if failure to pursue strategies or remedies results in a loss of significant rights, the Sixth Amendment protections attach. Second, where skilled counsel would be useful in helping the accused understand the legal confrontation ... a critical stage exists. Third, the right to counsel applies if the proceeding tests the merits of the accused’s case.

United States v. A.R., 38 F.3d at 704 (citing Menefield v. Borg, 881 F.2d at 698-99.)

14

Essentially, states have devised three means for transferring juveniles to criminal district court for adult prosecution: judicial transfer, prosecutorial transfer, and legislative transfer. The present case involves judicial transfer, a mechanism by which a juvenile court judge may exercise independent discretion in determining whether to transfer a particular juvenile. Under the prosecutorial transfer mechanism prosecutors have unilateral authority to determine the adjudicatory forum. Unlike judicial and prosecutorial transfer, legislative transfer is not discretionary. This mechanism excludes certain juveniles or certain offenses from juvenile court jurisdiction and places juveniles in the adult criminal court system regardless of independent circumstances indicative of the juvenile’s amenability rehabilitation. See Tex. Fam. Code § 54.02(m).

15

See e.g., Douglas Harris, Does the Texas Juvenile Waiver Statute Comport with the Requirement of Due Process?, 26 Tex. Tech L. Rev. 813 (1995); Gordon A. Martin, Jr., The Delinquent and the Juvenile Court: Is There Still a Place for Rehabilitation?, 25 Conn. L. Rev. 57, 62-63 (1992); Robert O. Dawson, Delinquent Children and Children in Need of Supervision: Draftsman's Comments to Title 3 of the Texas Family Code, 5 Tex. Tech L. Rev. 509 (1974); Barry C. Feld, Reference of Juvenile Offenders for Adult Prosecution: The Legislative Alternative to Asking Unanswerable Questions, 62 Minn. L. Rev. 515, 517-19 (1978).

16

The juvenile court is not required to find each criterion before it can a transfer a case to district court. The court may order a transfer on the strength of any combination of the criteria. Tex. Fam. Code § 54.02(f); see e.g., United States v. Doe, 871 F. 2d 1248, 1254-55 (5th Cir.), cert. denied, 493 U.S. 917, 110 S. Ct. 276, 107 L. Ed. 2d 257 (1989). Should the juvenile court decide to waive its exclusive jurisdiction, the court is required to state in its order the specific reasons for waiver. Tex. Fam. Code § 54.02(h).

17

The court of appeals’ reading of Lagrone is incorrect. This Court determined in Lagrone that a trial court may order a defendant to submit to a state-sponsored psychiatric exam on future dangerousness when a defendant demonstrates an intent to put on future dangerousness expert testimony without violating the defendant’s Fifth Amendment right against self-incrimination. Lagrone, 942 S.W.2d at 612. The Lagrone Court also conclude that excluding defense counsel from the future dangerous examination did not violate the defendant’s right to counsel. Id. at 612.

18

As one commentator succinctly summarized:

There is convincing evidence that most juvenile court personnel, and the judges themselves regard the waiver of jurisdiction as the most severe sanction that may be imposed by the juvenile court. Not only is the juvenile exposed to the probability of severe punishment, but the confidentiality and individuality of the juvenile proceeding is replaced by the publicity and the normative concepts of penal law; the child acquires a public arrest record which, even if he is acquitted, will inhibit his rehabilitation because of the opprobrium attached thereto by prospective employers; if convicted as an adult, the child may be detained well past his twenty-first birthday, he may lose certain civil rights and be disqualified for public employment. Moreover, if sent to a typical adult prison, he is likely to be subjected to physical, and even sexual abuse by older inmates, and his chances for rehabilitation are likely to decrease significantly.

F. Thomas Schornhurst, The Waiver of Juvenile Court Jurisdiction: Kent Revisted, 43 Ind. L. J. 583, 586-87 (1968).

19

Harris, supra note 14 at 830 (citing Donna M. Bishop et al., Prosecutorial Waiver: Case Study of Questionable Reform, 35 Crime & Delinq. 179, 181 (1989)).

20

Section 54.02(e) requires that the report, as well as all other written matter considered in the transfer determination, be disclosed and made available to the juvenile’s attorney at least one day prior to the transfer hearing.

21

Judicial transfer is the only method for transfer that provides for a hearing before a juvenile is sent to adult criminal court. See supra n.14. Prosecutorial and legislative transfer fail to take into account the juvenile’s life circumstances which may demonstrate a traumatic or problematic life history.

22

Regarding the alleged offense and appellant’s prior delinquency, the report simply stated:

Raymond reports that he is currently residing in the Bexar County Juvenile Detention Center because, "they’re trying to say I shot somebody." He went on to deny the allegation. He states that he has been previously referred to the Juvenile Department for auto theft, burglary of a habitation, possession of marijuana. He knows that such behavior is wrong, knows right from wrong, and understands the possible consequences of such behavior. He understands the possible consequences of the upcoming certification of transfer hearing as well as the roles of the participants therein.

..........if the child is voluntarily absent from school.

2008-02-09T02:50:00.000-08:00

TEXAS JUVENILE LAW

In Texas, juveniles are defined as minors, older than 10 years of age and under the age of 17. Juveniles are treated differently than adult offenders and the general goal of the juvenile system is rehabilitation as opposed to punishment. However, the penalties in the juvenile system can still be severe. Some offenses, such as truancy and breaking curfew, are unique to juveniles, and would not be illegal if the accused were an adult. The juvenile justice system generally moves much more quickly than does the adult criminal justice system. Don't wait to hire a good juvenile defense lawyer to represent your child. Call Attorney David Finn at: 214-651-1121.

There are separate courts and rules that govern the juvenile process. The juvenile court system will generally make every effort to rehabilitate the child rather than simply incarcerate him. Only in extreme cases, such as serious felonies, usually involving allegations of violence or the use of a deadly weapon, will a juvenile be tried as an adult. The juvenile courts may hold a hearing to determine whether to transfer the juvenile to the adult court system. This is called a "transfer hearing." The court will base its decision to transfer on the following factors:

1. The seriousness of the offense
2. The child's criminal sophistication
3. Previous criminal record
4. Previous attempts to rehabilitate the juvenile offender
5. The court's belief that future attempts at rehabilitation will be unsuccessful

While many of the laws governing juveniles may differ from the adult system, the rights that juveniles enjoy are virtually identical to those enjoyed by adults.

1. A juvenile must be read his Miranda rights if placed under arrest.
2. A juvenile has the right to have an attorney present during interrogation.
3. A juvenile has the right to know the specific charges being brought by the State.
4. A juvenile has rights against self-incrimination.
5. A juvenile has the right to confront his accuser and examine witnesses.
6. A juvenile has the right to appeal the court's decision.
7. A juvenile does have the right to a jury trial during the adjudication phase

If a juvenile finds herself in a situation involving the police or other law enforcement, please remember the following information:

1. You do not have to submit to a search unless you have been placed under arrest.

Finally, do not attempt to represent yourself in court. Hire an experienced criminal defense attorney, preferably one who is board-certified in criminal law.

Texas Juvenile Justice: Overview

Taking Into Custody; Issuance of Warning Notice: Texas Family Code Section 52.01

A child may be taken into custody: pursuant to an order of the juvenile court; pursuant to the Texas laws for arrest; by a law enforcement officer if there is probable cause to believe that the child has engaged in conduct that violates the penal laws of Texas or any political subdivision or delinquent conduct or conduct indicating a need for supervision. It is the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility if the child is not released to the parent, guardian, or custodian of the child. If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the law enforcement officer who has taken the child into custody or, if authorized by the commissioners court of the county, the sheriff of that county, to transport the child to the appropriate juvenile detention facility unless the child is released to the parent, guardian, or custodian of the child.

Delinquent Conduct: Conduct Indicating a Need for Supervision:

Texas Family Code Section 51.03

(a) Delinquent conduct is defined as:

1. conduct, other than a traffic offense, that violates a penal law of Texas or of the United States punishable by imprisonment or by confinement in jail;
2. conduct that violates a lawful order of a municipal court or justice court under circumstances that would constitute contempt of that court;
3. conduct that constitutes: Driving While Intoxicated (DWI), Flying While Intoxicated, Boating While Intoxicated, Intoxication Assault, Intoxication Manslaughter, and Driving Under the Influence of Alcohol by a minor (DUI).

(b) Conduct indicating a need for supervision includes:

1. conduct, other than a traffic offense, that violates the penal laws of Texas of the grade of misdemeanor that are punishable by a fine only (class c-misdemeanors); the penal ordinances of any political subdivision of Texas; the absence of a child on 10 or more days or parts of days within a 6 month period in the same school year or on 3 or more days or parts of days within a 4 week period from school; the voluntary absence of a child from the child's home without the consent of the child's parents or guardian for a substantial length of time or without intent to return; conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint; or an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Texas Education Code.

Release from Detention: Texas Family Code Section 53.02

(a) If a child is brought before the court or delivered to a detention facility, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless it appears that his detention is warranted under subsection (b), below.

The release may be conditioned upon requirements reasonably necessary to insure the child's appearance at later proceedings, but the conditions of the release must be in writing and filed with the office or official designated by the court and a copy furnished to the child.

(b) A child taken into custody may be detained prior to hearing on the petition only if:

1. the child is likely to abscond or be removed from the court's jurisdiction;
2. suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;
3. the child has no parent, guardian, custodian, or other person able to return the child to the court when required;
4. the child may be dangerous to himself or herself or the child may threaten the safety of the public if released;
5. the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released; or
6. the child's detention is required under subsection (f), below.

(c) If the child is not released, a request for detention hearing shall be made and promptly presented to the court, and an informal detention hearing shall be held promptly, but not later than the second working day after the child is taken into custody. If the child is taken into custody on a Friday or Saturday, then the detention hearing shall be held on the first working day after the child is taken into custody.

(d) A release of a child to an adult must be conditioned on the agreement of the adult to be subject to the jurisdiction of the juvenile court and to an order of contempt by the court if the adult, after notification, is unable to produce the child at later proceedings.

(e) If a child being released under this section is expelled from school in a county with a population greater than 125,000, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.

(f) A child who is alleged to have engaged in delinquent conduct and to have used, possessed, or exhibited a firearm in the commission of the offense shall be detained until the child is released at the direction of the judge of the juvenile court, a substitute judge, or a referee appointed, including an oral direction by telephone, or until a detention hearing is held.

Detention Hearing: Texas Family Code Section 54.01

(a) Generally speaking, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; provided, however, that when a child is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the child is taken into custody.

(b) Reasonable notice of the detention hearing, either oral or written, shall be given, stating the time, place, and purpose of the hearing. Notice shall be given to the child and, if they can be found, to his parents, guardian, or custodian. Prior to the beginning of the hearing, the court shall inform the parties of the child's right to counsel and to appointed counsel if they are indigent and of the child's right to remain silent with respect to any allegations of delinquent conduct or conduct indicating a need for supervision.

(c) At the detention hearing, the court may consider written reports from probation officers, professional court employees, or by professional consultants in addition to the testimony of witnesses. Prior to the detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision. The court may order counsel not to reveal items to the child or his parents if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.

(d) A detention hearing may be held without the presence of the child's parents if the court has been unable to locate them. If no parent or guardian is present, the court shall appoint counsel or a guardian ad litem for the child.

(e) At the conclusion of the hearing the court shall order the child released from detention unless it appears that he is likely to abscond, suitable supervision is not being provided to the child, he has no parent or guardian able to return the child to court when required, he may be dangerous to himself or others, or he has previously been found to be a delinquent child or has been previously convicted of a penal offense higher than a Class C misdemeanor and is likely to commit an offense if released. If the judge concludes that the child should be detained, the detention order extends for no more than 10 working days. Further detention orders may be made following subsequent detention hearings. The initial detention hearing may not be waived, but subsequent detention hearing may be waived.

Note: No statement made by the child at the detention hearing shall be admissible against the child at any other hearing.

Preliminary Investigation & Determinations; Notice to Parents:

Texas Family Code Section 53.01

On referral of a child, the intake officer, probation officer, or other person authorized by the court shall conduct a preliminary investigation to determine whether the person referred is a child and whether there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision. If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released. The child's parents are to promptly receive notice of the whereabouts of the child and also a statement explaining why the child was taken into custody. If the child is alleged to have engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, or club, then the case is immediately forwarded to the office of the prosecuting attorney.

Summons: Texas Family Code Section 53.06

The juvenile court shall direct issuance of a summons to the child named in the petition, the child's parents, guardian, or custodian, the child's guardian ad litem, and any other person who appears to the court to be a proper or necessary party to the proceeding. A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

Service of Summons: Texas Family Code Section 53.07

If a person to be served with a summons is in Texas and can be found, the summons shall be served upon him personally at least 2 days before the adjudication hearing. If he is in Texas but cannot be found, but his address is known or can be ascertained, the summons may be served on him by mailing a copy by registered or certified mail, return receipt requested, at least 5 days before the day of the hearing. If he is outside Texas but can be found or his address is known, service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered mail, return receipt requested, at least 5 days before the day of the adjudication hearing.

Attendance at Hearing: Parent or Other Guardian: Texas Family Code Section 51.115

Parents or guardians of a child are required by law to attend each court hearing affecting a child held under: possible transfer to criminal district/adult court; adjudication hearing; disposition hearing; hearing to modify disposition; release or transfer hearing. If a parent or guardian receives notice of any of these proceedings and is a resident of Texas, failure to appear could result in a fine for contempt of court.

Photographs & Fingerprints of Children: Texas Family Code Sections 58.002-0021

With limited exceptions, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail (which means a Class A or Class B misdemeanor). However, this prohibition does not prohibit law enforcement from photographing or fingerprinting a child who is not in custody if the child's parent or guardian voluntarily consents in writing. Furthermore, this prohibition does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card.

Note/Exception to General Rule stated above: Law enforcement may take temporary custody of a child to take the child's fingerprints if the officer: has probable cause to believe that the child has engaged in delinquent conduct; the officer has investigated that conduct and found other fingerprints during the investigation; and the officer has probable cause to believe that the child's fingerprints will match the other fingerprints. Law enforcement may take temporary custody of a child to take the child's photograph if the officer: has probable cause to believe that the child has engaged in delinquent conduct; and the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of the conduct. However, in either instance, unless the child then placed under arrest, the child must be released from temporary custody as soon as the fingerprints or photographs are obtained.

Waiver of Rights: Texas Family Code Section 51.09

Unless a contrary intent clearly appears elsewhere in the Family Code, any right granted to a child by this Section or by the constitution or laws of Texas or the United States may be waived in proceedings under this section if:

1. the waiver is made by the child and the attorney for the child;
2. the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;
3. the waiver is voluntary; and
4. the waiver is made in writing or in court proceedings that are recorded.

Polygraph Examination: Texas Family Code Section 51.151

If a child is taken into custody pursuant to an order of the juvenile court or pursuant to the laws of arrest by a law enforcement officer, a person may not administer a polygraph examination to the child without the consent of the child's attorney or the juvenile court unless the child is transferred to a criminal district court for prosecution in the adult system. Bottom line: Do not consent to a polygraph examination without consulting with your lawyer.

Physical or Mental Examination: Texas Family Code Section 51.20

(a) At any stage of the proceedings the juvenile court may order a child who is referred to the juvenile court or who is alleged by a petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision to be examined by the local mental health or mental retardation authority or another appropriate expert, including a physician, psychiatrist, or psychologist.

(b) If, after conducting an examination of a child and reviewing any other relevant information, there is reason to believe that the child has a mental illness or mental retardation, the probation department shall refer the child to the local mental health or mental retardation authority for evaluation and services, unless the prosecutor has filed a court petition against the child alleging delinquent conduct or conduct indicating a need for supervision.

Election Between Juvenile Court & Alternate Juvenile Court:

Texas Family Code Section 51.18

(a) This section applies only to a child who has a right to a trial before a juvenile court the judge of which is not an attorney licensed to practice in Texas.

(b) On any matter that may lead to an order appealable under Section 56.01 of the Family Code, a child may be tried before either the juvenile court or the alternate juvenile court.

(c) The child may elect to be tried before the alternate juvenile court only if the child files a written notice with that court not later than 10 days before the date of the trial. After the notice is filed, the child may be tried only in the alternate juvenile court. If the child does not file a notice as provided by this section, the child may be tried only in the juvenile court.

(d) If the child is tried before the juvenile court, the child is not entitled to a trial de novo before the alternate juvenile court.

Transfer/Waiver: Texas Family Code Section 54.02

The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate criminal district court to be tried as an adult if the child is alleged to have violated a penal law of the grade of felony if the child was 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree; or 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony.

The juvenile court judge is not required to certify a child to stand trial as an adult. It's a judgment call. The juvenile court judge will investigate the matter and hold a hearing on the transfer request. The judge orders a complete diagnostic study, social evaluation, and a full investigation of the child, his circumstances, and the circumstances of the alleged offense. At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. In making her decision whether to transfer the case to the adult court, the judge considers: (1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against a person; (2) the sophistication and maturity of the child; (3) the record and previous history of the child; and (4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use or procedures, services, and facilities currently available to the juvenile court.

Determinate Sentencing: Texas Family Code Section 53.045

If a child is accused of a very serious criminal violation, or habitual felony conduct (see section below), the prosecutor can pursue what is called determinate sentencing. In order to pursue determinate sentencing the prosecutor files a petition with the grand jury, basically asking the grand jury to grant the prosecutor's request to pursue determinate sentencing if the child is convicted. If 9 members of the grand jury approve the petition, then determinate sentencing becomes a viable sentencing option for the judge/jury if the child is convicted of the offense. Determinate sentencing doesn't mean that the child will be tried as an adult in a criminal district court. The case remains in the juvenile court even if the grand jury grants the request for determinate sentencing. but the stakes for the child are raised dramatically if the grand jury grants the prosecutor's petition for determinate sentencing.

Eligibility: The prosecutor can pursue determinate sentencing if the child is charged with habitual felony conduct, or if the child is charged with any of the following offenses:

capital murder, murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, aggravated robbery, injury to a child, elderly, or disabled individual if punishable as a felony other than a state jail felony, felony deadly conduct involving the discharge of a firearm, aggravated controlled substance felony, criminal solicitation of a minor, indecency with a child, arson, if bodily injury or death is suffered by any person by reason of the commission of the arson, intoxication manslaughter, or attempted murder or attempted capital murder. If your child is charged with one of the offenses listed above, she is eligible for determinate sentencing even if this is her first offense.

Impact: If the grand jury grants the prosecutor's request to impose determinate sentencing, and the child is convicted of habitual felony conduct or any of the offenses listed above, then the court or jury may sentence the child to commitment in the Texas Youth Commission with a possible transfer to the institutional division of the Texas Department of Criminal Justice (adult prison system) for a term of: up to 40 years if the conduct constitutes a capital felony, first-degree felony, or an aggravated controlled substance felony; up to 20 years if the conduct constitutes a second-degree felony; and up to 10 years if the conduct constitutes a third-degree felony. So instead of being sent to the Texas Youth Commission until the child turns 18, determinate sentencing would allow the child to be sentenced to up to 40 years in the adult prison system by a judge or jury.

Habitual Felony Conduct: Texas Family Code Section 51.031

(a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:

1. the child who engaged in the conduct has at least 2 previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony; and,
2. the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and,
3. all appeals relating to the previous adjudications have been exhausted.

Review by Prosecutor: Texas Family Code Section 53.012

The prosecuting attorney shall promptly review the circumstances and allegations of a referral made to her for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found during the court's preliminary investigation.

If the prosecutor does not file a petition requesting the adjudication of the child referred to the prosecutor, the prosecutor must terminate all proceedings, if the reason is for the lack of probable cause; or return the referral to the juvenile probation department for further proceedings.

The prosecutors have considerable discretion and control over your child's case.

Deferred Prosecution: Texas Family Code Section 53.03

(a) Subject to subsections (e) and (g) below, if the preliminary investigation results in a determination that further proceedings in the case are authorized, the probation officer or other designated officer of the court, subject to the direction of the juvenile court, may advise the parties for a reasonable period of time not to exceed 6 months concerning deferred prosecution and rehabilitation of a child if:

1. deferred prosecution would be in the best interest of the public and child;
2. the child and her parent, guardian, or custodian consent with knowledge that consent is not obligatory; and
3. the child and his parent, guardian, or custodian are informed that they may terminate the deferred prosecution at any point and petition the court for a court hearing in the case.

(b) Except as otherwise permitted, the child may not be detained during or as a result of the deferred prosecution process.

(c) An incriminating statement made by a participant to the person giving advice and in the discussion or conferences incident thereto may not be used against the declarant in any court hearing.

(d) The court may adopt a fee schedule for deferred prosecution services. The maximum fee is $15 per month.

(e) The prosecuting attorney may defer prosecution for any child. A probation officer or other designated officer of the court may defer prosecution for a child who has previously been adjudicated for conduct that constitutes a felony only if the prosecuting attorney consents in writing.

(f) The probation officer or other officer supervising a program of deferred prosecution for a child shall report to the juvenile court any violation by the child of the program.

(g) Prosecution may not be deferred for a child alleged to have engaged in conduct that constitutes: driving/flying/boating while intoxicated, intoxication assault, intoxication manslaughter, or that constitutes a third or subsequent offense of consumption of alcohol by a minor or driving under the influence of alcohol (DUI) of a minor.

First Offender Program: Texas Family Code Section 52.031

A juvenile board may establish a first offender program for the referral and disposition of children taken into custody for: (1) conduct indicating a need for supervision; or (2) delinquent conduct other than conduct that constitutes a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, or a prohibited weapon, as described by Section 46.05, Texas Penal Code. If the child has previously been adjudicated as having engaged in delinquent conduct he may be ineligible for the First Offender Program. Also, the child's parents or guardian must receive notice that the child has been referred for disposition under the First Offender Program.

Teen Court Program: Texas Family Code Section 54.032

A juvenile court may defer adjudication proceedings during an adjudication hearing for not more than 180 days if the child:

(1) is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of Texas of the grade of misdemeanor that is punishable by a fine only or a penal ordinance of a political subdivision of Texas;

(2) waives the privilege against self-incrimination and testifies under oath that the allegations are true;

(3) presents to the court an oral or written request to attend a teen court program; and

(4) has not successfully completed a teen court program for the violation of the same penal law or ordinance in the two years preceding the date that the alleged conduct occurred.

Note: The teen court program must be approved by the court.

Adjudication Hearing: Texas Family Code Section 54.03

This is what is commonly referred to as the "guilty-not guilty" phase of a trial. A child may be found to have engaged in delinquent conduct or conduct indicating a need for supervision only after an adjudication hearing. The child is presumed innocent unless and until the prosecution proves that the child is guilty of the charge beyond a reasonable doubt. The burden of proof is on the state. The verdict must be unanimous.

At the beginning of an adjudication hearing the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem: the allegations made against the child; the nature and possible consequences of the proceedings; the child's privilege against self-incrimination; the child's right to trial and to confront witnesses; the child's right to representation by an attorney if he is not already represented; and the child's right to a trial by jury.

Only material, relevant, and competent evidence in accordance with the Texas Rules of Criminal Evidence may be considered in an adjudication hearing. Hearsay testimony is generally not admissible. A statement made by the child out of court is insufficient to support a finding of delinquent conduct or conduct indicating a need for supervision unless it is corroborated in whole or in part by other evidence. An adjudication of delinquent conduct or conduct indicating a need for supervision cannot be had upon testimony of an accomplice unless corroborated by other evidence tending to connect the child with the alleged delinquent conduct or conduct indicating a need for supervision; and the corroboration is not sufficient if it merely shows the commission of the alleged conduct. Finally, evidence illegally seized or obtained is inadmissible in an adjudication hearing.

A child may be found guilty of committing a lesser-included offense of the offense charged.

If the judge or jury finds that the child did engage in delinquent conduct or conduct indicating a need for supervision, then the court or jury shall state which of the allegations in the petition were found to be established by the evidence. The court will then set a date and time for the disposition hearing.

If the judge or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision, the court shall dismiss the case with prejudice.

Disposition Hearing: Texas Family Code Section 54.04

This term can be confusing. What we're talking about here is the "sentencing" phase of the proceedings. The disposition hearing only comes into play if the child has been found guilty of the delinquent conduct or criminal activity alleged in the petition. If the child is found not guilty of all allegations during the adjudication hearing then there is no disposition hearing.

The disposition hearing is separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence as approved by the grand jury. If the child is eligible for determinate sentencing, then the child is entitled to a jury of 12 persons to determine the sentence.

At the disposition hearing, the juvenile court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Prior to the disposition hearing, the child's lawyer is to have received all written matter to be considered in disposition. No disposition may be made unless the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made. No disposition placing the child on probation outside the child's home may be made under this section unless the court or jury finds that the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation. If the judge or jury grant probation, the court will attach various conditions of the probation. Depending on the nature of the charges and the child's criminal history, if probation is not granted, the child could be sentenced to a term of confinement in the Texas Youth Commission.

Payment of Probation Fees: Texas Family Code Section 54.061

If a child is placed on probation, the juvenile court, after giving the child, parent, or other person responsible for the child's support, a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay to the court a fee of not more than $15 a month during the period that the child continues on probation. If the court finds that a child, parent, or other person responsible for the child's support is financially unable to pay the probation fee, the court shall enter into the records of the child's case a statement of that finding.

Monitoring School Attendance: Texas Family Code Section 54.043

If the court places a child on probation and requires as a condition of probation that the child attend school, the probation officer shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.

Restitution: Texas Family Code Section 54.048

A juvenile court, in a disposition hearing, may order restitution to be made by the child and the child's parents. This applies regardless of whether the petition in the case contains a plea for restitution.

Admission of Unadjudicated Conduct: Section 54.045

During a disposition hearing, a child may admit having engaged in delinquent conduct or conduct indicating a need for supervision for which the child has not been adjudicated and request the court to take the admitted conduct into account in the disposition of the child's pending case. If the prosecutor agrees in writing, then the court may take the admitted conduct into account in the disposition of the child. However, a court may take into account admitted conduct over with exclusive venue lies in another county only if the court obtains the written permission of the prosecuting attorney for that county. A child may not be adjudicated by any court for having engaged in conduct taken into account under this section unless the conduct taken into account included conduct that took place in another county and the written permission of the prosecuting attorney of that county was not obtained.

Community Service: Texas Family Code Section 54.044

If the court places a child on probation, the court shall require as a condition of probation that the child work a specified number of hours at a community service project approved by the court and designated by the juvenile probation department. This requirement may be waived if the court finds that the child is physically or mentally incapable of participating in the project or that participating in the project will be a hardship on the child or his family or that the child has shown good cause that community service should not be required.

Note: The court may also order that the child's parent perform community service with the child.

Child Placed on Probation for Conduct Involving a Handgun:

Texas Family Code Section 54.0406

(a) If a court or jury places a child on probation for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, and if at the adjudication hearing the court or the jury affirmatively finds that the child personally possessed, carried, used, or exhibited a handgun, the court must require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of any person involved in the acquisition. The juvenile probation officer is then to relay any relevant information regarding the handgun to the police. Your lawyer should be with you when this takes place.

Note: Information provided by the child to the juvenile probation officer regarding the acquisition of the handgun and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.

Rights of Appeal: Warning: Texas Family Code Section 54.034

Before the court may accept a child's plea or stipulation of evidence in a proceeding under this title, the court must inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court pursuant to an adjudication hearing, a disposition hearing, or a hearing to modify disposition, unless the court gives the child permission to appeal; or the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence. An appeal from an order of a juvenile court is to the court of appeals and the case may be carried to the Texas Supreme Court by writ of error or upon certificate, as in civil cases generally. The requirements governing a juvenile appeal are as in civil cases generally.

Note: An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of the person, institution, or agency to whose care the child is committed, unless the juvenile court so orders. However, the appellate court may provide for a personal bond pending the appeal.

Sealing Juvenile Records: Texas Family Code Section 58.003

One of the most important things that can be done for a juvenile is to get the juvenile records sealed as soon as allowed by law.

The benefits of sealing a child's juvenile records are immense. Once the records are sealed, information relating to the arrest, detention, prosecution, and conviction, are physically sealed and/or destroyed. This means that the child can start adulthood with a "clean" slate. And it also means that the child is authorized by law to say that he has never been convicted.

Section 58.003 of the Texas Family Code provides that, except for juveniles who received a determinate sentence for engaging in delinquent conduct that violated a penal law such as murder, capital murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, injury to a child/elderly/disabled person, arson, indecency with a child, etc., or engaged in habitual felony conduct, the juvenile records may be sealed if the court finds that 2 years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and if since that time the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.

A court may also order the sealing of records concerning a juvenile adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony (not including many determinate sentences) if: the person is 21 years of age or older; the person was not transferred by a juvenile court to an adult criminal court for prosecution; the records have not been used as evidence in the punishment phase of a criminal proceeding under Article 37.07, Code of Texas Criminal Procedure; and if the person has not been convicted of a penal law of the grade of felony after becoming age 17.

If a child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing (guilt/innocence) the child is found to be not guilty of each offense alleged, the court shall immediately order the sealing of all files and records relating to the case.

David Finn is board certified in criminal law by the Texas Board of Legal Specialization. Call today for a free initial consultation.

The information contained in this web site is intended to convey general information about David Finn, PC. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet to David Finn, PC using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.

And it all startswith a plea of guilt . without the benefit of counsel! But the qualify for medicaid.......

2007-12-14T00:23:00.000-08:00

The youth sent to the Texas Youth Commission (TYC) are the state's most serious or chronically delinquent offenders. In fiscal year 2006 (9/05 - 8/06), 33% of new arrivals had committed violent offenses, the same percentage as in fiscal 2005. Overall, 39% of new arrivals were categorized as high risk offenders.

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89% were boys.
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11% were girls.
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44% were Hispanic.
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34% were African-American.
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22% were Anglo.
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34% admitted at intake that they are gang members.
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Median age at commitment was 16.
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Median reading achievement level was 6th grade (four years behind their peers).
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Median math achievement level was 5th grade (five years behind their peers).
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40% were identified as eligible for special education services.
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7% of the TYC population were English language learners.
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83% had IQs below the mean score of 100.
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46% were chemically dependent.
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41% had serious mental health problems.
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76% had parents who never married or who divorced or separated.
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36% had a documented history of being abused or neglected.
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60% came from low-income homes.
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74% came from chaotic environments.
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52% had families with histories of criminal behavior.
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12% had family members with mental impairments.
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48% were in juvenile court on two or more felony-level offenses before being committed to TYC.

More detailed statistics are available in the TYC Commitment Profile.

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The "thousand points of light" symbolize the American citizen's spirit and a shining example of giving selflessly to care for 1 another'.... icry

2007-11-07T03:16:00.000-08:00

Rockin' In The Free World

rocking in the free world.jpg
Neil Young Lyrics Analysis

Neil Young News

Lyrics, Tabs, And Chords for "Rockin' In The Free World" by Neil Young

Please comment and add your thoughts on "Rockin' In The Free World" in the guestbook
History and Commentary on "Rockin' In The Free World" lyrics by Neil Young

by Thrasher

[Note: This is one of a series of articles which provide an explanation of the meaning of Neil Young's classic song "Rockin' In The Free World". While the interpretation of lyrics presented here is composed of several viewpoints, there is little consensus on the exact meaning of Neil's songs. The themes and symbolism of Young's songwriting provide a rich tapestry on which to project various meanings and analysis.]

Neil Young's song "Rockin' In The Free World" from the album Freedom is one of his most popular, important and prophetic songs.

The song has become an iconic anthem and it's status continues to rise as more and more artists cover the song. Young's lyrics are considered to be an indictment of the politics of the 1980's. In today's post-9/11 world, the lyrics seem prophetic and even more meaningful than when originally written on the eve of the '90's.

In 2004, Rolling Stone magazine selected "Rockin' in the Free World" as one of the 500 greatest songs of all times.

"Rockin' In The Free World" was first performed live in concert on February 21, 1989 at the Paramount Theater, Seattle, WA with Neil Young's band The Restless. Since then, the song has been performed 368 times through the Greendale tour's conclusion on March 21, 2004 at the Mullins Center in Amherst, MA according to The Neil Young Tour Statistics page.

The song is prominent in director Michael Moore's film 'Fahrenheit 9/11' where "Rockin' in the Free World" runs over the closing credits. A re-release of the song and a new music video directed by Moore is scheduled for the Summer of 2004. (See more below on the film and song.)
Analysis of "Rockin' in the Free World" Lyrics

(Listen to clip of acoustic version of "Rockin' in the Free World" and electric version.)

The newspaper USA Today has called the song:

"a savage attack on the policies of Ronald Reagan and the first President Bush ... (and) anything but a celebration of democracy."

On the contrary, a strong case can be made that the song is NOT "anything but a celebration of democracy." In fact, an argument can be made that the song is very pro-democracy and is a protest song that has advanced the argument about inequities in society. The song is clearly the work of someone who could be called a courageous patriot.

The song's lyrics contain the lines:

We got a thousand points of light
For the homeless man
We got a kinder, gentler,
Machine gun hand

The lyrics are a direct reference to President George Bush's (#41) campaign pledge to create a compassionate citizenry volunteering to help cope with society's ills. The "thousand points of light" symbolize the American citizen's spirit and a shining example of giving selflessly to care for one another's neighbor and brother. Along with "a kinder, gentler hand", Bush believed that each American could contribute to helping make the United States -- and the world -- a better place to live and work.

The song is strongly democratic and with pro-American ideals in that it is a condemnation of the supply-side/trickle down politics of President Ronald Reagan. "Reaganomics" involved massive tax cuts in the wealthiest brackets which supporters claimed would trickle down to lower brackets. In fact, the policies led to huge federal deficits and exploding unemployment and social decay, particularly in large urban American cities.

The economic realities of the 1980's with increasing social problems -- such as homelessness and drug abuse -- made Young mock the campaign promises of President Bush as hollow rhetoric. The drug problems ("she's gonna take a hit") refer to the crack epidemic which swept large American cities during the 1980's.

The lyrics of "Rockin' In The Free World" also refer to the rampant consumerism of American culture and the rise of the disposable society based on waste and pollution.

We got department stores and toilet paper
Got styrofoam boxes for the ozone layer
Got a man of the people, says keep hope alive
Got fuel to burn, got roads to drive.

The lyrics "Got a man of the people, says keep hope alive" refer to the Reverand Jesse Jackson's signature phrase to "Keep hope alive." Young contrasts President Bush's rhetoric and Rev. Jackson's religion as solutions to society's ills, when in actuality, they are nothing more than "feel good" slogans with little results to show.

According to Neil Young's biography Shakey, while on tour in the late 80s, Young and Frank 'Poncho' Sampedro looked at photos in a newspaper of the Ayatollah Khomeini's body being carried to his grave. These images showed mourners burning American flags in the street, which incited fear in Poncho due to the band's up coming European tour. Sampedro commented that 'whatever we do, we shouldn't go near the mideast. Its probably better we just keep on rockin' in the free world.' Then Young asked if he could make a song out of it. (source: Wikipedia)

China's Tiananmen Square Protests

On June 9, 1989, Chinese authorities confronted student protesters in Tiananmen Square, which led to the deaths of an untold number. From this event, the picture of a student standing before a line of tanks became the image that was broadcast around the world.

Neil Young, upon seeing this photo and video, began commenting before performing "Rockin' In The Free World" that the song was going out to that "Chinese boy in Tiananmen Square who stopped the tanks."

Similar to Young's '70's political protest anthem "Ohio", the song has become associated with peaceful, non-violent protest.

Saturday Night Live Neil Young Rockin
Saturday Night Live Performance

On Saturday Night Live in September '89, Neil served notice that he was back with a vengeance with his legendary performance of 'Rockin'. Considered to be one of the most intense live television studio performances ever, Young seemed possessed as he throttled his Les Paul guitar and shredded its strings before the audience. Wearing a Elvis Presley T-shirt, Young seemed to be bridging his 1970's classic "Hey, Hey, My, My" with the lyrics "The King [Elvis] is gone but not forgotten, this is the story of Johnny Rotten" with the end of the 1980's and the impending advent of the grunge-alternative music explosion.

Later, Young commented that he worked with a trainer before going onstage to work himself up to the encore intensity level when he normally performs the song after 2 hours on stage. Neil came on the set as if he had just performed the concert of his life and went from there. The song was selected as one of the best of Saturday Night Live musical performances of all time in broadcasts later in the 1990's for the 25th anniversary.

Critics were ecstatic about Young's return to form based on just the single broadcast and it marked a critical turning point in Neil's career. Jimmy McDonough writes in a Village Voice interview:

"With the September 30 appearance on Saturday Night Live, Young arrested any signs of rust - at least for the moment. Backed by Charlie Drayton, Steve Jordan, and longtime sideman Frank 'Poncho' Sampedro - a new band Young's tentatively calling Young, CS&P - he was all over the stage, jumping on the drum stand, lunging out of camera range, whipping off earsplitting solos that sounded like falling power lines. It was the loudest thing I've ever heard on TV, the lyrics to 'Rockin' in the Free World' barely audible. This is easily his best band since Crazy Horse.

Just the look on his face was enough. He really seemed insane.

YOUNG: 'Yeah, well I was. I don't like TV. Never have. It always sucks and there's nothing you can do about it. You can't just walk on and do 'Rockin' in the Free World,' or you'll look like a fuckin' idiot. To perform that song the way it's supposed to be performed you have to be at peak blood level, everything has to be up, the machine has to be stoked. To do that I had to ignore Saturday Night Live completely. I had to pretend I wasn't there.'

So Young developed 'a brand new technique for doing TV' - a half-hour before going on he worked out with his trainer, lifting weights and doing calisthenics to get himself wired. "

freedom album
Freedom is Released

In October, 1989, the album Freedom was released to considerable critical acclaim. A review on Pagewise declared: "If 'Freedom' is the first true alternative album, 'Rockin' in the Free World' is the first true alternative song."

The album Freedom contains two versions of 'Rockin' in the Free World' - acoustic and electric, similar to Rust Never Sleeps and Tonight's The Night. In an album Review, Jeff Dove writes:

" 'Rockin' in the Free World,' which opens and closes the album in different versions, recalls Rust Never Sleeps. The parallel goes beyond the similar tactic, used in 'Hey Hey, My My (Out of the Blue) / My My, Hey Hey (Out of the Black),' but the styles of the two recordings on Freedom match Rust Never Sleep's live acoustic A-side and Crazy Horse-raging B-side. As with 'Hey Hey...,' and for that matter as with 'Tonight's the Night' on the album of the same name, the two versions have some lyrical differences. The opening version of 'Rockin' in the Free World' is a live solo acoustic version from a Jones Beach, Long Island, NY show, while the closer is an electric ripper that is right in there with the best of the Horse. "

At the Jones Beach, New York concert on June 14, 1989, Young performed an acoustic version of "Ritfw" with a third verse that was removed from the LP.

Little did critics and fans realize that the album's signature song soon would be heard around the world.

berlin-wall-neil-grafitti
Before the Fall: Neil writes "Love Is All We Need" on the Berlin Wall in 1982
Berlin Wall Falls

On November 9, 1989 The Berlin Wall fell and Young's song lyrics "Keep on Rockin' In The Free World" could be heard over newscasts of the historic occasion. The song has since been established as a beacon of hope for repressed people throughout the world and a soundtrack for freedom - in it's every manifestation.

Neil Young Rockin video Neil Young Rockin video Rockin vid glasses Rockin video metal
"Rockin' In The Free World" Video

In the music video for "Rockin'", directed by Julien Temple, the performance footage is intercut with scenes of Neil as a homeless person pushing a shopping cart through city streets. As a homeless person, Neil encounters numerous pitiful situations but manages to inject some humor. For example, at one point as he pushes his worldly possessions along a sidewalk, he encounters an elderly woman who he gives money.

The music video also has a montage of television news footage of a variety of current events such as police busting drug dealers and other criminal activity interspersed with Wall Street dealers. The "Rockin' In The Free World" video also includes footage of China's Tiananmen Square protests.

Among the many bands performing "Rockin' In The Free World" are Pearl Jam who have covered the song over 100 times in concert, often as final encores.

pj & neil
Pearl Jam & Neil at the MTV Music Awards

Neil joined Pearl Jam onstage at the MTV Music Awards on September 2, 1993 to play an incendiary version of "Rocking in The Free World". After the broadcast, MTV commentator Kurt Loder observed that the interplay between Young and Pearl Jam was probably one of the most memorable live MTV performances ever.

Some of the other bands that have covered "Rockin'" include:

Van Halen
Patti Smith
Vines
Slobberbone
David Byrne
Phil Lesh & Friends
Indigo Girls
Richard Thompson

The song became a standard during the 1991 tour with Crazy Horse which began as the Persian Gulf war began. At the end of "Rockin' In the Free World" (listen to San Francisco, CA. 1991-04-06) segues into a homage to Bob Dylan's "Blowing in the Wind" for a most majestic feedback drenched finale.

Again, during the second war with Iraq, Young featured the song "Rockin' In The Free World" prominently during encores for the 2003 Greendale tour. The lyrics to the song were altered in the Greendale concerts to: "Boys are dying everyday because we didn't have a plan". The additional lyrics were censored for the Farm Aid 2003 broadcast on PBS on Thanksgiving Day.

Also during the Greendale tour, the feedback drenched finale of "Rocking in the Free World" segued into "Taps", Neil's gesture to the soldiers fighting and dying in Iraq.

In the post 9/11 world, the lyrics take on a sinister new meaning:

'There's a lot of people sayin' we'd be better off dead.
Don't feel like Satan but I am to them.'

It is very hard to listen to these words today and think about what they mean to people of various religious beliefs. How could Neil have possibly known the prophetic power which these lyrics hold today?

In an analysis of "Rockin'" called "The Advantages of Using Rock and Roll in Teaching Social Studies by James Lane at the Orange High School he writes:

"The tune warns us of the complacency of our own lives and the lack of empathy we express for people who are not blessed with the benefits and cushy lifestyle the majority of Americans enjoy. The song is a musical signpost telling us not to lose sight of the problems our society and its less fortunate members face. It is a song of insight attempting to awaken us to the reality of a culture seen on a wider screen, one with 'a thousand points of light / For the homeless man / ...a kinder, gentler / Machine gun hand.'"

ritfw-moore-ch.jpg ritfw-moore-bomb.jpg ritfw-moore-lights.jpg ritfw-moore-neil-cu.jpg
Michael Moore's Film Fahrenheit 9/11 Soundtrack

In June 2004, filmmaker Michael Moore and Neil Young reached agreement to use Young's song 'Rockin' in the Free World' for the controversial film 'Fahrenheit 9/11''s closing credits. (For more, see June 2004 News page and Neil News page for updates.) From Thrasher's Wheat Guestbook, Bill posted:

"Michael Moore inexplicably edited out the most telling line - "Don't feel like Satan but I am to them" - which could be applied flexibly to Osama's hatred of the U.S. or the Right Wing's demonization of everyone they disagree with. Instead, he combined the beginning of the first verse with the end of the second verse, the one about the crack-addict and her child, so they came out:

'There are colours on the street
Red, white and blue
People shufflin' their feet
People sleepin' in their shoes
But there's a warnin' sign on the road ahead
There's a lot of people sayin' we'd be better off dead
That's one more kid that will never go to school
Never get to fall in love never get to be cool

A new video for "Rockin' In The Free World" directed by filmmaker Michael Moore was released in November 2004. The video intercuts footage from the film Fahrenheit 9/11 and performance footage of Neil Young and Crazy Horse performing the song on the 2003/4 Greendale tour.
ritfw-moore-kid.jpg
"There's one more kid that will never go to school
Never get to fall in love,
never get to be cool."
Conclusion

The song "Rocking in The Free World" continues to be a standard encore for Neil Young's concerts and most likely will continue as long as there is a need to rock in the free -- or more or less free -- world.

The use of the song "Rockin'" undoubtably put Young and his music in the political spotlight. In the summer of 2004, we asked what folks thought of a Moore's use of the song. The question was whether the use of the song in the film was a good idea? Or was it going to create trouble for Neil?

poll-f911

About 70% thought it was a good idea, 27% thought it would cause trouble, and less than 3% didn't much care about music & politics.

In November 2004, a music video for "Rockin' In The Free World" directed by Michael Moore was released.

So what did folks think of the video for "Rockin"? With nearly 600 votes, here are the results when the polls closed:

poll-rocking-free.jpg

77% (455 votes) voted "Yes, I like both the song and the video"
10% (58 votes) voted "No, I can't stand Young and Moore"
13% (78 votes) voted "Not sure because politics and music make me feel uneasy."

Please comment and add your thoughts on "Rockin' In The Free World" in the guestbook.

Also, check out the other Neil polls, so get off that couch, turn off that MTV and VOTE!

Lastly, here's a song parody by Skisics Surus:

"We got more failing stores and worthless paper
Got new coal burning for the ozone layer
Got a man who screws the people, helps his friends all thrive
Expensive fuel to burn, try not to drive

Bush keeps mockin' the free world"

"Rockin' In The Free World" lyrics by Neil Young

(Listen to clip of acoustic version of "Rockin' in the Free World" and electric version.)

See inside reference book pages of Music and Social Movements : Mobilizing Traditions in the Twentieth Century by Cambridge Cultural Social Studies for more on music relating to China's Tiananmen Square protests and the fall of Berlin Wall.

Also, see Gone Mild Blog article "Neil Young Keeps On Rockin' In the Free World".

Play and watch the video of "Rockin' In The Free World" here.

Freedom - Album Reviews

Neil Young Lyrics Analysis

Thrasher's Wheat - A Neil Young Archives

Fact Sheet - The School-to-Prison Pipeline in the National Context

2007-07-31T01:04:00.000-07:00

Home : Criminal Justice : Juvenile Justice
Fact Sheet - The School-to-Prison Pipeline in the National Context

* The "school-to-prison pipeline" describes an alarming trend wherein public elementary, middle and high schools are pushing youth out of classrooms and into the juvenile justice and criminal justice system.
o Under the banner of "zero tolerance," schools increasingly are relying on inappropriately harsh discipline and, increasingly, law enforcement, to address trivial schoolyard offenses among even the youngest students.
o Children are far more likely to be arrested at school than they were a generation ago. And these school-arrests are not for violent behavior. For example, in one Texas school district, 17 percent of school arrests were for disruptive behavior, and 26 percent were for disorderly conduct.(1)
o Defenders of the pipeline cannot attribute the explosion of school-based arrests to an increase in school violence. On the contrary, empirical evidence shows that between 1992 and 2002, school violence actually dropped by about half.(2)
o Rather than nurturing and educating children perceived to pose a disciplinary problem, schools are turning to law enforcement to simply get rid of the child.
* Unfortunately, children of color and children with disabilities bear the brunt of these harsh trends.
o Nationally, minority students are suspended at rates of two to three times that of other students. They are also more likely to be subject to office referrals, corporal punishment, and expulsion.(3)
o Children of color also are more likely to be referred by their school to the juvenile justice system.(4)
o Minority students with disabilities are particularly vulnerable. African American students with disabilities are three times more likely to receive short-term suspensions than their white counterparts, and are more than four times as likely to end up in correctional facilities.(5)
* Native American students in particular suffer harms from the pipeline, even when they are not incarcerated because of school discipline
o Alienated by school policies, students may perform poorly academically. In 2003, the U.S. Commission for Civil Rights reported that Native American children score lower than any other racial/ethnic group in standardized test scores.(6)
o In addition, they are more likely to drop out of school. Only 51 percent of Native American students graduate high school nationally, as compared to 75 percent of Caucasian students.(7)

1 The Advancement Project, "Education on Lockdown: The Schoolhouse to Jailhouse Track At-A-Glance," at 15, available at http://www.advancementproject.org//reports/FINALEOLrep.pdf. (March 2005)
2 Id. at 11.
3 Russ Skiba, "Zero Tolerance: The Assumptions and the Facts," 2 Indiana Youth Servs. Ass’n, Education Policy Briefs at 4 (2004)
4 "Education on Lockdown," supra n.1 , at 18.
5 Johanna Wald & Daniel Losen, "Defining and Redirecting a School-to-Prison Pipeline," Framing Paper for the School-toPrison Pipeline Research Conference (May 2003) (citing U.S. Dept. of Educ., Office of Special Education Programs, Data Analysis Systems (DANS)).
6 U.S. Commission on Civil Rights, "A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country," (July 2003)
7 Gary Orfield, et al., Losing Our Future: How Minority Youth are Being Left Behind By the Graduation Rate Crisis, (March 2004)

My man was tagged by~ just wearing a white t`shirt~Build a White Wall~ for all the world to see

2007-07-29T01:31:00.000-07:00

Local
In city vs. taggers, Garcia park, pool latest victims

By Barbara Ramirez (Contact)
Originally published 12:00 a.m., July 24, 2007
Updated 04:08 a.m., July 24, 2007

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Before the paint dries in one place, taggers have moved to another, officials with the city's Streets and Solid Waste Services Department said Monday.

At least 80 percent of the 18 parks previously eradicated of graffiti earlier this year have been targeted again, said Lawrence Mikolajczyk, assistant director of Corpus Christi's Solid Waste Services.

"We wash it up and they come back three or four days later and tag it again," Mikolajczyk said. "It's a never-ending process."

The Dr. Hector P. Garcia Memorial Park on Greenwood was tagged this weekend. The gazebo and concrete slab of the pool and its building had been tagged. The cost of damage had not been calculated late Monday.

Last week, a Vietnam War memorial on Bloomington Street in Molina Veterans Park was tagged. The taggers used shoe polish to deface the marble slate, costing the city a minimum of $300 to clean, Mikolajczyk said. City crews also are working to clean the bayfront Selena statue, which also was vandalized last week.

Juvenile Enforcement Team Officer B. Teed said recent graffiti has come from several tagging crews.

As of last month, the police department knew of 32 tagging crews, with an estimated 100 members, Teed said. The tagging seems to be from rival crews, looking to outdo one another and claim domain, Teed added.

"Obviously it's going to be a never-ending process until some of these taggers get the message," Mikolajczyk said.

Contact Barbara Ramirez at 886-3792 or ramirezb@caller.com

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Post Your Comments

Posted by meaalmeida on July 24, 2007 at 5:21 a.m. (Suggest removal)

they deserve to be caned, and chop their hands off,and! no welfare!

Posted by thadaeus on July 24, 2007 at 6:45 a.m. (Suggest removal)

it's bad enough that money was spent on that pathetic statue of a mildly famous local celebrity - now the city has to spend money cleaning it up. I say take down the statue of the "great" Selena. It was erected solely as a symbol of and for the benefit of her father's money grubbing conquests. With the statue gone, the city wont have to worry about spending money cleaning a needless statue and they will be able to spend money on more worthwhile endeavors - like feeding the homeless.

Posted by whoop97 on July 24, 2007 at 7:45 a.m. (Suggest removal)

Those caught tagging should be publicly flogged then forced into 6-months of scrubbing graffiti off of city and private property with a toothbrush-sized wire brush and lye soap while at the same time wearing specially-made bright pink prison overalls. If they do it again, they should be taken to the marina for a proper keel hauling.

Posted by knoy on July 24, 2007 at 8:16 a.m. (Suggest removal)

How seriously can the city be taking this? They have one officer who oversees the tagging which occurs in our city. I've telephoned to report graffitti inside a rental home(which eliminates the suspects to three who reside there.....I'm still waiting for a return phone call from Officer Teed. He has to be overwhelmed. We now have wireless networking installed throughout the city and wireless internet cameras as low as $250.00(cost of clean up of Veteran's Memorial on Bloomington) we could simply review captured video of these people who find glory in destruction and pay them a visit around lunch time while they're sleeping.

Posted by rsanchez on July 24, 2007 at 8:33 a.m. (Suggest removal)

Hey Thadaeus, any relation to Strom Thurmond or David Duke? You should move to greener pastures, maybe where hillbillies kick it and pump Garth Brooks. That statue will bring in more praise and adoration to it than u have ever gotten in your consumer driven life. Whats pathetic is not the statue, it's the fact that you live in that "go no where town" and actually expect more from it and it's hypocritical "conservative "leaders. You probably voted for Bush and still back him and the war.

Posted by arodriguez on July 24, 2007 at 8:34 a.m. (Suggest removal)

I agree with whoop97 those kids need to be punished to the full extent. It is ugly and degrading for us as a society what these little punks are doing. The city needs to monitor the areas that are tagged the most with cameras and catch these kids. And when these kids are caught I also think the parents should pay a fine as well if they are under the age of 17. I have two teens and I wonder how these parents dont know where their children are in the middle of the night. I always check on my children and if I ever found one of them doing that I would definitely turn them in and then make them scrub every single sign or fence that has graffiti on it within our neighborhood.

Posted by sgran77482 on July 24, 2007 at 8:44 a.m. (Suggest removal)

Thadeus, you obviously were not a fan of Selena and not Hipanic. I live in the "great northwest" and you would never think she was revered here, but guess what she is well known here and her music still popular. Having witnessed the international news media response to her death at the police department, calls from Spain, England,and South American countries jammed the lines clammoring for informationon of her death.
The taggers who today are tagging her statue are not gang members or least the gang members of 1995 who practically worshipped Selena. I would imagine that generation of gang members would kill the taggers who defaced the statue. they used to allow signing her mesages on the pedestal, but the statue was untouchable.

Posted by jpr110902 on July 24, 2007 at 8:55 a.m. (Suggest removal)

What needs to be done is parents need to start being more assertive with their children. My husband goes to work at 4am in the morning and he sees young boys riding their bikes. He calls the non emergency number to report it because they are probably up to no good. My question is where are their parents? The parents of the young men and women (not all grafitti is done by minors) should pay for the cleaning because the should know what their children are up to. As, for the adults causing property damage they should clean it themselves and all the other graffiti that is done in our area. They need to get a life and a job !!!!!

Posted by corpusbeach2 on July 24, 2007 at 9:16 a.m. (Suggest removal)

I agree, in the end parents are responsible for this behavior. People in this town have children because it's the macho thing to do. These kids grow into their teen years feeling insignificant. They fail in school and wonder how they fit into this individualistic power struggle that this country promotes. Crime empowers these kids with little to no effort so that's the path they take.

Posted by lemosf on July 24, 2007 at 10:03 a.m. (Suggest removal)

Selena's statue on the bayfront was not erected by her father but by a generous Philanthropist. And guess what? He is of Caucasian origin. So get your facts straight.

Posted by josegutz on July 24, 2007 at 10:35 a.m. (Suggest removal)

Graffiti is Graffiti regardless of where it is, or what the target is...
It doesn't matter if it's a Quaker statue that got tagged!!
So this is news? Keep racism OUT of this! The guy just made a statement about selena doesn't mean he is a biggot or hillbilly. I myself am tired about hearing of Selena...SO Thadeus is not a fan. I am Not a fan myself, and I am of mexican descent. Not everyone that is latino is a fan you know. I was a fan in her early years with the Dinos and then her father tried to cash out. I lost interest when the radio started playing her music to the bone...Now I go nuts when I hear a Selena song, just tired of all the hoopla and overplay... Just quit with the stereotypes. let her Rest in Peace.

Posted by jpr110902 on July 24, 2007 at 10:49 a.m. (Suggest removal)

The bottom line is Corpus Christi can not be a sparkling city by the sea with such ugly display of trying to claim ownership of property. If the taggers would work and pay taxes then they would think twice before destroying the City's property. Shame on you taggers and eventually you will get caught!!!!

Posted by tjcox on July 24, 2007 at 11:29 a.m. (Suggest removal)

We live in a beautiful city, and one that has so much potential. I often agree that the people running this city do not want to change in a forward moving direction, they want to keep it status quo. This has much to do with everyone saying, blah blah there's nothing to do here blah blah. I agree! Which brings me to my point...

The taggers have nothing to do with how the city is run

(it's the fact that you live in that "go no where town" and actually expect more from it and it's hypocritical "conservative "leaders),

they are little criminals who are defacing private and public property because they haven't been taught the value of hard work and respecting the property of others. People should not be sterotyped, criminal behavior knows no race, it is what it is. These criminals should be charged and made to work off their debt first by scrubbing up the graffiti, and second by volunteering with less fortunate people.

Posted by fresacrema65 on July 24, 2007 at 12:34 p.m. (Suggest removal)

I don't want to criticize the police because I am sure there may be some reasonable explanation as to why the taggers are not being caught. But why not guard the areas that are being hit over and over again?
"We wash it up and they come back three or four days later and tag it again," Mikolajczyk said. "It's a never-ending process."

Is the pd trying to catch these taggers in the act - that is what I want to know.

Posted by jimd on July 24, 2007 at 12:46 p.m. (Suggest removal)

If I had to bet, 90% of the taggers are hispanic bangers.....as groups like LULAC, GI Forum, Hispanic Chamber of Commerce sit back and don't take a leading role in trying to install etiquette, consideration of other's property and just plain good ole wholesome values in their brown brothers. It's a cycle that will never be broken....kids breeding kids.

Need to set up a free vasectomy clinic for the 18 year old macho men who get their chulas pregnant and then take off only to repeat the act again.

Posted by racerrick22 on July 24, 2007 at 2:24 p.m. (Suggest removal)

JimD you hit the nail squarely on the head. Those groups do nothing but promote racism. It's been going on for thirty years or more. They are taught to poke the eyes of the white man starting at birth. Sad but true. Why? I don't know. This town is 70% hispanic yet all we here is how the hispanics are miss treated, blah, blah, blah. The song hasn't changed for three decades. If you want a real eye operner, go the the Social Security Office anytime of day and look around. You'd expect to see gray hair folks there yet all I see is young hispanics covered in gang tatoos, male and female, with several small kids running around terrorizing the other citizens. Why? Because when a gang member is shot or stabbed, the tax payers have to pay for them and there kids for the rest of there life because they aren't able to work. What a joke. That's why SS is going broke but, you never hear a word about it in the news. A great lie is being laid on the American people...is it ever going to stop? And you ask, where are the parents....smoking crack and teaching the kids all the bad stuff that we see in the streets of CC. It's terrible whats happened to Corpus Christi (the body of Christ) in the last 30 years. It hasn't always been this way as the old folks know. Very sad.

Posted by josegutz on July 24, 2007 at 2:28 p.m. (Suggest removal)

I agree with what jimd said. It's about time LULAC and GIFORUM got into this and spoke out to the public about the young hispanic population getting these (chulas) pregnant then NOT being responsible for their actions. They are bangers alright...Bang and leave...and bang again. More awareness is needed.

Posted by rhdj on July 24, 2007 at 3:04 p.m. (Suggest removal)

Does it really matter what race the taggers were.... No way! For years I heard about how the hispanic was treated like a second class citizen, I was young.. I said , nah this town is a hispanic majority, no way. Then I entered the work force and found out the hard way, it is true. Even with a college education I was treated badly. The stories I can tell you! The main problem is people make assumption based on race without even knowing the person. Think about it ..are hispanics the only ones that have the problems pointed out in the posts above, the answer is NO. My dad was in the GI forum, never did I here a racist word out of his mouth, but you assume the worst. My parents taught me respect for everyboby, yet you assume. I have been to the SS office with my mother several times, seems diverisity is alive and well there, you see want you want to see and ignore the big picture to fit your view. Odds are the taggers were hispanic, I do have eyes and see what is going on in this town. I disagree with the idea that hispanics are breed to hate. Do not let the action of a few define our hispanic population, the same can be done for everybody if you really wanted. It bothers me when thugs give hispanics a bad name, but it bothers me when the assumption is made we are all thugs. It bring tears to my eyes to read the hate in some of these posts. Why?!

Posted by rhdj on July 24, 2007 at 3:23 p.m. (Suggest removal)

Taggers disrespected everybody with their action. Everyboby should be be up in arms against them. The police can not do it alone, we need to get involved and watch our streets, this is happening in every part of town. If we work together, this can be stopped. The people in our block watch and listen for trouble and try to stop it if possible. It started with minor problems, but we got together and stopped before it was a major problem. We outnumber them(taggers) this can work.

Posted by josegutz on July 24, 2007 at 4:05 p.m. (Suggest removal)

rhdj,

No hate from me brother...We are all brothers here. Every man is a brother to another. I just think it's time to get along and work together.

Posted by kennymc69 on July 24, 2007 at 4:07 p.m. (Suggest removal)

Wow, I never knew racism was so strong in Corpus Christi. It doesnt matter what race these taggers are, the fact of the matter is, what they are doing is NOT ART!!! By population numbers hispanics definitely outnumber any race in our city, but to make racist remarks and say hispanic organizations should control their people is just dispicable. Its people like you that give this city a bad name. The hispanic population is strong in Corpus Christi, but not all hispanics are pregnant chulas, or gangbangers, and to suggest otherwise is disgusting. Why don't you take a look at yourself, and figure out what you can do to help with the problem. If you are not part of the solution, you are part of the problem.

Posted by josegutz on July 24, 2007 at 4:26 p.m. (Suggest removal)

Look around and see...It's sad.

too bad...can't do anything on my part but pray.

Posted by arthur6889 on July 24, 2007 at 5:30 p.m. (Suggest removal)

I am part of the tagger problem, yessiree, bobby, sure am. And, I'm staying that way.

Why? Because at one time I was surrounded by gang members called the "Ace of Spades". Left their mark all over the neighborhood.

Being a neighbor and being friendly, I endured myself to them.
I asked the father also a gang member (40 year old plus) what the point was for tagging. He wouldnt answer. I wanted him to talk.

Basically it's "their territory". To rob, steal, smoke dope, sell dope, protect their sisters, mothers and themselves. An Hispanic man had erected a long wooden fence. Next morning completely covered with their "messages".

A garage at the intersection of two streets tagged so often it probably has 20 coats of cover-up paint.

A friend told me when school lets out, they will sleep until noon, boredom will set it, then it starts breaking out., when school starts back up the hard core will be dodging the truant officers.

In my neighborhood they like empty houses to smoke blunts and plan.

The Selena statue was a gift to the citizens of Corpus Christi. Some people have contrary opinions about its location. And, depending on visual impressions what defines vandalism. When the statue first went up the city had to erect a barrier to protect the site from writing on the brick flooring and statue.

It must be some kind of human necessity to express grief by writing and disrespect for oneself by tagging.

When you sincerely ask them why they do the things they do, they have a similiar sincere response, "because that's the way we are".

Posted by ord2001mike on July 24, 2007 at 7:59 p.m. (Suggest removal)

taggers.... ??... is it really cool to call yourself a "tagger" now? how lame is that... what should really be done is a look into the life of a tagger.... then look at the older taggers and show the world what losers they really are, and maybe then, kids will see the light...

also, for those who don't like this city.... get the f**k out then... whats stopping you? this city could do with less of your crappy attitude...

Posted by jimd on July 24, 2007 at 9:04 p.m. (Suggest removal)

When tagging is considered cool, and LULAC does not take an active role against it, you best know it's time to get out, which I did. Mama didn't raise no fool.

Enjoy your "art", pander to your criminals.

Posted by natasofthedeepestpitofhell on July 24, 2007 at 10:12 p.m. (Suggest removal)

If only they had not shot the guy with the machete...

If we could have redrected his anger and machete toward the taggers our problems would be solved...somewhat.

Where is Karl Childers when you need him?

Posted by thadaeus on July 25, 2007 at 6:53 a.m. (Suggest removal)

1) no – im not related to Duke or Thurmond, and I HAVE moved to MUCH “greener” pastures…I was born and bred in Sparkling City by the Sea, but I currently reside in Washington DC. Question for you, though…what “praise” and “adulation” does the statue bring to CC? My conservatism has nothing to do with latinos who have nothing to hold them up other than the memory of a MILDLY famous celebrity. Let’s all just hope that Eva Longoria doesn’t bite the dust…if, God forbid, that ever happened, there would sightings of her likeness in tortillas all over South Texas for years to come. And yes – I DO support President Bush, and I DO back the war (Ive served in it twice so far). As a 14 year veteran STILL serving in our military, I PROUDLY support the war and our great President.

2) YES, I was a fan of Selena (albeit not a “huge” one), and I AM Latino. I danced many a night to her music at Hollywood Nights back in the ‘90s, and I had her first 2 CDs. I don’t deny Selena’s celebrity. But I don’t pretend it was greater than it was. Im sure the story caught the attention of international media – but im also sure it wasn’t as “huge” a story as you remember it being. I was HERE in the US – stationed in North Carolina, and I DISTINCTLY remember the story being a “news tidbit” on NC tv stations.

3) I admit – I’m uneducated as to the origins of the statue – and the ethnic persuasion of said philanthropist is irrelevant. The fact still remains – Selenas father exploits her existence. The fact still remains – were it not for the movie on her life, she would have faded away into obscurity. The fact remains - the city is SPENDING MONEY cleaning up graffiti on that statue…and the fact still remains – that is money that could be better spent by the city.

Posted by jimd on July 25, 2007 at 8:07 a.m. (Suggest removal)

The graffiti is bad enough, but one of the most despicable acts is when Selena's adorers steal flowers from others graves at Seaside Memorial to place on her grave. What scum, what disrespect! This (inconsiderate) culture has no respect for others' property or feelings.

Posted by thadaeus on July 25, 2007 at 8:09 a.m. (Suggest removal)

LOL at selena addorers stealing flowers from other graves at Seaside Memorial park to place on her grave.

Posted by narc on July 25, 2007 at 8:45 a.m. (Suggest removal)

Isn't the term hispanic or latino referring to ethnicity and not race? Is there a hispanic race, and if so, who is winning?

Posted by arthur6889 on July 25, 2007 at 9:31 a.m. (Suggest removal)

narc: now that's interesting enough to respond to.

In my opinion there is no such thing as a Latino. I'm not even sure Hispanic is correct.

At one time in human history there was a thing called the Roman Empire that spread its influence like any good Empire.

It seems to me they spoke a language called LATIN, I might be wrong?

From them came the so-called ROMANance languages. As I barely remember, I think they were SPANISH, FRENCH, ITALIAN, and ROMANian.

Sometime or another the ROMAN Catholic Church started and began their own religious influence.

Along comes somebody named Columbus a ROMANance language speaker who heads out over the deep blue sea to parts unknown. He "finds/discovers" a virgin country already "found" a hundred times before.

His second or third trip he is accompanied by Catholic priests who condon stealing anybody's gold because after all he's not paying for the voyage. Queen Isabella is. And, also condoned is the burning of "savages" accumulations of mother-earth knowledge and understandings.

So, these ROMANance languages priests began teaching the savages a ritual called, "Holy Mass", spoken not in savagery but a new language for them called, LATIN.

Well, time went on and the Catholic religion grew in leaps and bounds. After a while this "virgin" land who had never been discovered was called, "LATIN AMERICA".

Then to add insult to injury. Christopher Columbus began calling the savages "Indio". And, from that day forward all the savages in South and North America were called "Indians" , because he thought they were from the continent INDIA.

Ask an old timer "savage/indian" what he is and he will say, not indian and certainly not savage, but something like Apache, or Dakota, or flat-nose, or Nez-Pierce or something like that. What does Eskimo mean? PEOPLE.

And, what happened to ROMANance speaker Columbo? They got mad at him and when died they buried him in an unmarked grave, until it was time to be cool and erect a statue for him

I really don't thing any HISPANIC or LATINO can speak low, middle or high LATIN. Well, maybe some Catholic Priest at high and Holy Mass.

Posted by jimd on July 26, 2007 at 8:27 a.m.

(This comment was removed by the site staff.)

Posted by josegutz on July 26, 2007 at 8:45 a.m. (Suggest removal)

Who's laughing now? Hmm? Not all are chulas but a HECK of a lot (majority) are...

http://www.caller.com/news/2007/jul/25/t...

And sadly the highest rate is among latinas, which is what was all over the news these past few days.

So this is why we fail...because of irresponsible mentality and denial of failure. Keep it up and see where this society takes you.

I know we all have choices and we all start by raising our children responsibly.

Posted by louie_8201 on July 26, 2007 at 12:29 p.m. (Suggest removal)

thadaeus and the rest of you HATERS no one cares about your racial comments. Keep your pie hole shut and deal with LIFE. If unhappy do us ALL a favor and crawl back under the rock you came from. Blah, blah, blah.

Posted by louie_8201 on July 26, 2007 at 12:31 p.m. (Suggest removal)

thadaeus what a pathetic name.

Posted by changemost256 on July 26, 2007 at 12:45 p.m. (Suggest removal)

Why is this city so whack w/ art ideas for the youth in your city??
Why cant this city be more like San Antonio and support local artist?

Build something that allows local artist to show there creativity and exression, "real artist"!!! I'm not talking about the kid who just created his/her first throw-up last week!!!! I'm talking about the real dedicated artist out there who have been doing this for a decade+ now, it would really be good for the city to support the youth down there as opposed to what ya'll are doing to them by locking them up for a weekend until Mom or Dad gets a hold of them. A program will bring a lot of the youth together plus if it starts around the city again "in an illegal manner" well all the cops would have to do is go to the "local artist spot provided by the city" and find the same artist name there and bam, you will have your suspect. Simple!

-proud artist

LOVE ART NOT HATE!

Posted by craney106 on July 26, 2007 at 6:51 p.m. (Suggest removal)

Officer B. Teed said he knows of 32 tagging crews with 100 members. Well, the job is not finished is it ? I am not a cop, but I think next comes 100 warrents. Then Judge, Your Honer, sir..I suggest 200 hours community service for each tagger and no more than 30 days to do the time. This tagging could be under control with-in a week. By the way, one officer? Gee, why can"t the others help???

Posted by arthur6889 on July 26, 2007 at 7:57 p.m. (Suggest removal)

I'm not naming which HEB (we are talking about art?), but there is a young Hispanic girl who is absolutely and stunningly beautiful.

I saw her today, just glanced, didnt want to stare, and thought, OMG what art is this?

They move her around the store, so she disappears for a time. The face of pure innocence. It almost like you want to fall into her and love her soul.

Posted by baircub on July 27, 2007 at 10:56 p.m. (Suggest removal)

changemost256, uhm, not that I'm against art, but I don't consider graffiti and tagging art. I call it vandalism. which is a crime. This is not about supporting art, or not supporting art....this is about going after thugs and criminals...and I don't care what their race, ethnicity, or background, or socioeconomic status is. I don't care if they're misunderstood youth, or angry youth, or troubled youth. They committed a crime, and we need to stop it. There is nothing racist about it. if the taggers were white, or asian, or whatever, I'd say the same thing to them as I would to anyone else. "You do the crime, you pay the consequences." No second chances, no leniency. no slap on the wrist. No, you commit vandalism, you don't get probation, where all that happens is that you get a stern talking to by a judge. Nor should you even go to a juvenile detention facility to sit on your butt and feel sorry for yourself. I don't care if you're some stupid runt of a 14 year old, or even a 12 year old, or a 26 year old, or whatever the age. Here's what you get. You get to face the people who's property you damaged. You get to face the music, and yeah, even have your name published in the paper, along with your photograph even. Maybe a little humiliation would be good for you. Then you get to go out, and pay off your debt to society by cleaning up not only the mess you made, but what other thug brats like yourself have committed. Get hot, get sweat soaked, get sore and exhausted doing a lot of hard work. I hope your arms are sore, and your back aches, and your head pounds. Because that's what the property owners have to put up with cleaning after the mess you brats have made. And these gangbanger thugs talk about how they demand respect...they deserve no respect at all, until they've EARNED respect HONORABLY! And that's by being a good and decent citizen, not some stupid punk thug.

Posted by dannoynted1 on July 29, 2007 at 2:52 a.m. (Suggest removal)

Why don't y'all build a WALL for them ?

Posted by dannoynted1 on July 29, 2007 at 3:11 a.m. (Suggest removal)

U could call it the taggers wall of fame or frame.

Posted by dannoynted1 on July 29, 2007 at 3:21 a.m. (Suggest removal)

Jimd and ricko are bred to hate......they are the problem with "workforce/source" issues.

They hate because it is the "macho" thing to do where they come from and I would be surprised if they even have kids.

This is the reason they want to throw away education.

I especially believe they do not care about anyone in the Body of Christ except themselves.

Civics Failure in Public Education

2007-05-12T00:14:00.000-07:00

March 02, 2007
Civics Failure in Public Education

Paul Soglin:

While everyone is weighing in on the best way to teach our kids, I cannot get over the failure to educate youngsters about American institutions.

The more inclusive and more truthful curriculum about our nation's history that is taught today is a vast step forward. However, when I graduated from high school I could discuss the Constitution, the Bill of Rights, the the Declaration of Independence and their inherent contradictions. I knew the three branches of government and their powers.

There are some teachers who emphasize civics. A great teacher friend recently mentioned "if we're doing such a good job with the students, why are so few people asking questions of our government?" Posted by Jim Zellmer at March 2, 2007 05:17 AM
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2007-04-06T04:32:00.000-07:00

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Scott Elliff among CCISD final four candidates

By adriana garza Caller-Times
April 6, 2007

CCISD trustees will consider at least one local candidate when they resume discussion about superintendent candidates at their Monday meeting.

Corpus Christi Independent School District's Acting Superintendent Scott Elliff confirmed Thursday that he was one of four candidates for the job and that board members interviewed him in closed session Wednesday.

The board has disclosed neither the names nor the home districts of the remaining candidates.

According to state law, school boards are not required to reveal the names of candidates until they are designated finalists. The law does not define what makes a candidate a finalist.

According to an agenda released Thursday, board members are expected to discuss their notes and thoughts from the interviews in closed session, which could begin as early as the board's budget workshop at 3 p.m. if time permits, said Board President Louis Garza.

Also on the agenda is the discussion and possible action regarding finalist or finalists for position of superintendent.

"I am hopeful we will come up with some facsimile of a finalist or finalists," Garza said.

Trustee John Longoria said that he is sure some type of action will be taken, adding that board members won't know who the finalists may be until all members discuss scores given to each candidate.

During a series of public meetings where board members received community input for the superintendent profile, dozens of community members expressed support for Elliff, who has served as acting superintendent since August.

More than half of the approximately 900 people who responded to an on-line survey about the superintendent profile earlier this year indicated they favored a local candidate for the job.

Contact Adriana Garza at 886-3618 or HYPERLINK mailto:garzaa@caller.com garzaa@caller.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Bring CCISD selection process into light of day

The secrecy surrounding the current search for a new superintendent is indefensible. Did we learn nothing from the previous fiasco?

April 6, 2007

The selection process that will ultimately produce a finalist for superintendent of the Corpus Christi Independent School District is up and running.

On Wednesday the trustees interviewed four candidates for the post - including Scott Elliff, interim superintendent since the resignation of Jesus Chavez in February 2006.

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That much we know of a certainty. It also seems safe to assume that the four individuals in question could fairly be considered the finalists from the field of 25 applicants who were being considered for the position.

However, should we at this late date be dealing in "seems" and "assume" when it comes to the process that will determine who is to lead the city's largest school district?

The question arises: Why has the Board of Trustees gone to such lengths to keep the public from getting anything more than a fleeting glimpse of the action? After all, the previous superinten-dent hunt, which saw Shoney Bria first accept, then decline the post, was grievously marred by the secrecy that surrounded it.

But - again - the board apparently believes that the releasing of names could prove ruinous for the applicants back in their home districts.

That, however, looks more and more like a smoke screen. School districts throughout the length and breadth of the nation are seeking leaders, and up-and-coming administrators are looking to move into superintendencies in larger districts.

The curtain of confidentiality is, at long last, nonsensical. More to the point, it does a disservice to the community. Consider: As matters now stand, we do not even know how many of the contenders will find favor with the trustees and be presented to the public. It could be one. Then again, it could be two, perhaps even three.

Concern for confidentiality is, or should be, trumped by another, vastly more important consideration: the public's right to know, and its right to have at least some role to play in the process.

The trustees' refusal to lay out the cards is beyond irritating; it borders on the outrageous.

Particularly disturbing is the fact that three new trustees elected last year - Carol Scott, John Longoria and Dwayne Hargis, all of whom emphasized their intent to bring new openness to the board - appear to have bought into the mum's-the-word ethos that has dominated this exercise.

To be sure, they (and their colleagues) could, and should, reverse their field - but the time remaining in which to keep this selection process from being grievously tainted is rapidly running out.

Editorial~4/6/2007

Tagged by Corpus Christi police, 2 teens were arrested at King High School

2007-04-01T02:09:00.000-07:00

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Students arrested after cars tagged
March 31, 2007

Corpus Christi police arrested two 15-year-old boys Friday after several cars were spray painted on the 5000 block of Bevly Drive early Sunday, police said.

Residents on Bevly Drive near Janssen Drive woke up Sunday morning to find 11 cars tagged with blue spray paint that caused more than $2,000 in estimated damages, police Capt. David Cook said.

Police received an anonymous tip that keyed them toward two King High School students, Cook said. The teens were arrested at King High School on suspicion of criminal mischief, he said.

They remained in the Nueces County Juvenile Justice Center on Friday evening, police said.

- David Kassabian

Officials at the Corpus Christi Police Department provided this information. Numbered addresses refer to block numbers

Carroll junior gives taggers the brushoff

2007-03-27T02:23:00.000-07:00

Ken Brunkenhoefer, 65, said police caught the taggers who had sprayed bicycle-sized symbols and vulgar words on his fence.

2007-03-27T02:14:00.000-07:00

Click here to view a larger image.
Todd Yates/Caller-Times

Sarra Humpal, a 16-year-old junior at Carroll High School, sits in front of a 50-foot mural that she painted during spring break. The homeowner was fed up with looking at graffiti.
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Carroll junior gives taggers the brushoff

Sarra Humpal's 50-foot mural replaces graffiti

By Mike Baird Caller-Times
March 26, 2007

Thwarting graffiti turned out to be an artistic delight for Carroll High School's Sarra Phea Humpal - and she was paid $160 to do it. "I really hate graffiti," said Sarra, a junior and the school newspaper's graphic artist. "One spray ruins property, it's distasteful and ugly."

During spring break Sarra, a 6-foot 1-inch-tall 16-year-old, designed and painted a 50-foot mural over gang symbols on the back of a private-property privacy fence that faced the playground at Jones Elementary, her former school.

Property owner Ken Brunkenhoefer, 65, said police caught the taggers who had sprayed bicycle-sized symbols and vulgar words on his fence. "I had to do something with it, but smearing paint over it would stand out," said the insurance claims adjuster.

Brunkenhoefer said he "killed two birds," ridding his fence of graffiti and helping Sarra with money for her senior trip to Europe. He bought supplies - primary-colored paints that Sarra mixed into more than a dozen colors. Sarra said her height helped her paint the fence without a stool.

Brunkenhoefer is concerned that the painting could be tagged with graffiti, but said he is willing to have it repainted as necessary. He wished his next door neighbors would have their fences painted, too, so the children could enjoy them, even though his neighbors' fences haven't been tagged.

He, Sarra; her mother, Lissa Humpal; and a friend, Lauren Barker, began priming the defaced fence March 15.

"It snowballed," said Lissa Humpal, a teacher for 16 years. "The white base paint seeped through the wood and it was a lot of work brushing it thick enough into the course grooves of the wood." But Sarra remained steadfast, working daylong through Sunday when she put the final touches on 5-foot smiling flowers, butterflies and bunnies.

Many of the children and parents in his neighborhood have said they really enjoyed the painting, Brunkenhoefer said.

Onlookers appreciate the change Sarra brought to the playground. "Isn't it cool?" said Galen Hoffstadt, principal at the elementary. "I came in this weekend and went, 'Oh my gosh we have a new mural.' "

She learned Wednesday it was created by a former student.

"Sarra was always one of those great gals who believed when life gave you lemons, you should make lemonade," Hoffstadt said. "She turned that rudeness into beautiful art. What talent."

Hoffstadt e-mailed her colleagues after lunch.

"It looks like we have our own Mighty Marlin (the school's mascot) painter angel," Hoffstadt's e-mail to teachers and administrators read. "Let's say thank-you to Sarra for our delightful new view by helping her fund her trip." The principal told the faculty that an envelope for donations will be in her office until the end of the month.

The trip to London, Rome, Venice, Pompeii and Paris - all in three weeks next July - was worth having come back to school Monday with green, white and yellow acrylic paint highlights in her auburn hair, Sarra said.

"My friends were like, 'What's in your hair?' " Sarra said.

Her reply: "It's the European countryside."

Sarra always has been artistic, her mother said. While other children chalked sidewalks with hopscotch boxes, Sarra drew cartoon characters, Humpal said. "Sarra made ice-box drawings like all little kids," Humpal said, "but she didn't just color a blue house, it had three shades of blue." Sarra learned highlighting and shading skills as a sixth-grader at Grant Middle School, her mother said. "After that her drawings were always chosen for display at the art museum or the mall."

Sarra qualified last month for the state competition in the University Interscholastic League's Visual Arts Scholastic Event, coming up next month in Houston, said Tony Armadillo, her teacher in her advanced placement art design class.

Last year she won second place.

"Sarra is a great person," said Armadillo, an art teacher for 30 years, "who will bring great changes to any community."

Contact Mike Baird at 886-3774 or HYPERLINK mailto:bairdm@caller.com bairdm@caller.com