Saturday, March 28, 2015

Posted on May 21, 2012 by Andy Nolen   

Sec. 56.01.  RIGHT TO APPEAL.  (a)  Except as provided by Subsection (b-1), an appeal from an order of a juvenile court is to a 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.

(b)  The requirements governing an appeal are as in civil cases generally.  When an appeal is sought by filing a notice of appeal, security for costs of appeal, or an affidavit of inability to pay the costs of appeal, and the filing is made in a timely fashion after the date the disposition order is signed, the appeal must include the juvenile court adjudication and all rulings contributing to that adjudication.  An appeal of the adjudication may be sought notwithstanding that the adjudication order was signed more than 30 days before the date the notice of appeal, security for costs of appeal, or affidavit of inability to pay the costs of appeal was filed.

(b-1)  A motion for new trial seeking to vacate an adjudication is:

(1)  timely if the motion is filed not later than the 30th day after the date on which the disposition order is signed; and

(2)  governed by Rule 21, Texas Rules of Appellate Procedure.

(c)  An appeal may be taken:

(1)  except as provided by Subsection (n), by or on behalf of a child from an order entered under:

(A)  Section 54.03 with regard to delinquent conduct or conduct indicating a need for supervision;

(B)  Section 54.04 disposing of the case;

(C)  Section 54.05 respecting modification of a previous juvenile court disposition; or

(D)  Chapter 55 by a juvenile court committing a child to a facility for the mentally ill or mentally retarded; or

(2)  by a person from an order entered under Section 54.11(i)(2) transferring the person to the custody of the Texas Department of Criminal Justice.

(d)  A child has the right to:

(1)  appeal, as provided by this subchapter;

(2)  representation by counsel on appeal;  and

(3)  appointment of an attorney for the appeal if an attorney cannot be obtained because of indigency.

(e)  On entering an order that is appealable under this section, the court shall advise the child and the child’s parent, guardian, or guardian ad litem of the child’s rights listed under Subsection (d) of this section.

(f)  If the child and his parent, guardian, or guardian ad litem express a desire to appeal, the attorney who represented the child before the juvenile court shall file a notice of appeal with the juvenile court and inform the court whether that attorney will handle the appeal.  Counsel shall be appointed under the standards provided in Section 51.10 of this code unless the right to appeal is waived in accordance with Section 51.09 of this code.

Andy Nolen and Associates offer a full range of affordable legal services in criminal defense, juvenile defense and family law areas, ranging from representation in court on all juvenile and adult criminal cases, sealing or expunging records for qualified people, obtaining occupational driver’s licenses to litigating child custody and divorce cases.  To schedule an appointment or to discuss your situation with an experienced Houston criminal attorney, Houston juvenile attorney or Houston family law attorney, call 713-697-4373 right now.
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