Can a Judge send our 16 yr old son who is incarcerated, to his grandparents without the mothers consent?
(asked 149 months, 9 days ago in El Paso, TX)
Our 16 yr old son was arrested for stealing an air conditioner and then threatening a relative of the owner with a knife when confronted, (alleged). They did not find a knife and our son denies having a knife. His mother, my wife, does not want him to go to the grandparents in Hawaii because he has gotten into trouble with marijuana and huffing there before. He was offered a plea bargain of TYC, until his 19th birthday, and the prosecutor would drop the drug charges, he declined. They wanted to charge him with aggravated robbery. Know it seems they have another plan to drop the consequenses of his crimes giving him probation and sending him to his grandparents, because supposedly things are not working out with him and us. He does not want to live with us. I and my wife want him in TYC to face the consequenses, and hopefully decide this is not the life he wants to continue. I will be very disappointed if the judge lets him off, because he will not learn anything from this except he can continue his thug life, sad.
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Miami TX 33132 Miami Criminal Defense Lawyer (305) 330-1360
Hager & Schwartz, P.A.
Miami Criminal Defense Lawyer
In Texas, juvenile courts typically evaluate their sentences based on what will be best for the child. If a child would benefit by being placed in another home or by being removed from the parents, then there are times when the judge has the authority to rule based on that fact. In your case, the judge can sentence your child to continue probation with his grandparents if this is what they deem is best for his development and well-being. There is a possibility that you and your wife are creating a difficult environment for your son or that he is struggling.
He may need a new living location to help him make things right. If your son is on probation, he will be closely watched by an officer. This means that he will be prosecuted if he tries to commit any more crimes, including illegal drug use or robbery. While you may be able to express your opinions to the criminal defense attorney in your son’s case, the judge will not rule based on your preferences. Also, if your child is evaluated as an adult, rather than as a child, then you will not have any say in the court case.
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