Juvenile Justice Handbook - Texas Attorney General

V. Juveniles in Justice and Municipal Court
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A justice, municipal or county court, with
approval of the city council or the
commissioners court, may employ a
juvenile case manager to provide services
in cases involving juvenile offenders
before a court consistent with the court’s
statutory powers. (§ 45.056(a)(1), C.C.P.)
A court that has implemented a juvenile
case manager program may, but is not
required to, waive its original jurisdiction
of certain offenses. (§51.08(d), F.C.)
Upon approval of the city council or
commissioners court, a $5.00 court cost
may be charged in every fine-only case for
the Juvenile Case Manager fund.
(§102.0174(b) and ( c), C.C.P.)
Justice and municipal courts have jurisdiction over
“fine-only misdemeanors” that are not punishable by
confinement in jail or imprisonment. (§§4.11 and
4.14, C.C.P.) This includes all fineable misdemeanors
committed by children under 17 which falls under the
jurisdiction of the juvenile court. Because juvenile
cases in justice and municipal court involve unique
procedures and dispositions, “the system for handling
these cases resembles a shadow juvenile justice
system operating in the lower criminal courts.” 14
Justice and municipal court cases typically involve:
(1) traffic offenses; (2) fine-only misdemeanors; (3)
alcohol and tobacco violations; and (4) truancy and
failure to attend school violations. Unless a justice or
municipal court has a juvenile case manager, any of
these cases, except traffic offenses, must be
transferred to juvenile court if the child has at least
two prior misdemeanor convictions.
Taking a Child into Custody
A law enforcement officer, including a school district
peace officer, simply needs probable cause to believe
that a child has committed a fineable offense or an
ordinance violation to take that child into custody.
(§52.01(a)(3). F.C.) However, a law enforcement officer
will usually issue a field release citation instead of
The statutory warnings every juvenile suspect must receive
from a magistrate before making any written statement or
confession include:
• the right to remain silent and not make any statement at
all and that any statement made may be used against the
child;
• the right to have an attorney present to advise the child
either before or during any questioning;
• the right to have an attorney appointed before or during
any interviews with peace officers or prosecutors, if the
child is unable to employ an attorney; and
• the right to terminate the interview at any time.
(§51.095(a)(1)(A), F.C.)
A citation must contain the name and
address of the accused, the offense charged
and written notice of the time and place to
appear in court. (§14.06(b), C.C.P.)
taking a child into custody for a traffic
offense or an offense punishable by fine
only. (§45.058(g), C.C.P.) The citation
must be signed by the child and
becomes the child’s written promise to
appear in court at a later date.
Justice and municipal court judges may
also be requested by law enforcement
officials to magistrate juvenile offenders
by reading statutory warnings to them
that are similar to the Miranda warnings
given to adult offenders. These
warnings must be given to a child who
is in custody before making any written
Juvenile Justice Handbook 31
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