Legal Question in Criminal Law in Texas

Eight months ago my 16-year old stepdaughter was caught having sex in school. We were told that she may be charged with Class A Misdemeanor, but we heard nothing more about it until a few days ago when my husband received a letter from Dallas County Juvenile Department in Garland TX, stating that a police report had been filed against her, and that my husband needed to call a probation officer to discuss Deferred Prosecution. My husband has not been able to get in touch with the Probation Officer as of yet, leaving messages upon messages. (she was also thrown out of McKinney Job Corps three months ago for getting caught smoking pot. My husband is not going to choose the deferred prosecution option, as he feels his daughter committed the public lewdness offense, so she needs to answer to it in court. She will turn 17 in two more days. My question is...is this a normal procedure, to send parents a letter stating that a police report has been filed, instead of sending an officer to arrest the individual, or speak with the parent in person first? Thank You.


Asked on 8/23/10, 9:19 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need to contact an attorney experienced in juvenile law. Since your daughter was under 17 when this occurred, this matter may have to be resolved in juvenile court. It may very well be normal to first notify the parent and try to resolve the matter without an arrest.

If you have an option that would keep this arrest off of her criminal record, I would urge that you take it. Deferred prosecution sounds like such an option. Otherwise this will follow her around for the rest of her life. Any prospective employer will be able to find out.

The juvenile justice system was not designed to make the children who come into contact with it happy that they committed their offense.

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Answered on 8/28/10, 9:33 am


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