WARNING OF RIGHT COUNSEL STATE OF TEXAS COUNTY OF

warning of right counsel state of texas county of ________________________ this is to certify that i, _______________________________

WARNING OF RIGHT COUNSEL
STATE OF TEXAS
COUNTY OF ________________________
This is to certify that I, __________________________________________
acting as and in the capacity of a Juvenile Intake Officer did, on the
_____________ day of _______________________, 20________, at
____________________ (A.) (P.) M., in clear language inform:
NAME OF JUVENILE: _____________________________________________
NAME OF PARENT(S):_____________________________________________
1.
You are accused of:
( ) Conduct indicating a need of supervision;
( ) Delinquent conduct.
2.
You have the right to remain silent and not make any statement.
Any statement made by you can be used as evidence against you in a
court of law.
3.
You have the right to hire a lawyer or if you and your parents are
indigent, too poor, or cannot afford to hire a lawyer you have the
right, at your request to have a lawyer appointed to represent
you. You have the right to talk to a lawyer before being
questioned or interviewed by any peace officer or attorney
representing the State and you have the right to have a lawyer
present with you during any such questioning or interview. You
have the right to end any such questioning or interview at any
time.
4.
You have the right to request appointment of counsel if you cannot
afford counsel.
5.
The procedure for requesting appointment of counsel consists of
you, and your parent(s) completing the Affidavit of Indigence and
signing and swearing to the truthfulness of the statements
contained in said Affidavit, and signing and swearing to the
Request for Appointing Counsel.
6.
I am providing you at this time a copy of the Request for
Appointing Counsel and Affidavit of Indigence in a language which
you can understand and I will, at your request, provide reasonable
assistance in completing said Affidavit at this time.
7.
If you request court appointed counsel, the request will be
forwarded to the Juvenile Court Judge.
8.
If the Juvenile Judge finds you are entitled to court appointed
counsel, the Juvenile Judge will appoint counsel immediately after
the first detention hearing if the Juvenile is in detention, or
not later than five (5) working days after the Petition is served
on the Juvenile, if the Juvenile is not detained.
9.
If the Juvenile is detained, said Court appointed counsel shall
make every reasonable effort to contact the Juvenile not later
than the end of the first working day after counsel receives
official notice of the appointment. If the Juvenile is not
detained, Court appointed counsel shall make every reasonable
effort to contact the Juvenile not later than three working days
after counsel receives notice of appointment.
10.
If the Juvenile does not speak and/or understand the English
language or is deaf, I have informed the Juvenile in a manner
consistent with Texas Code Criminal Procedure Articles 38.30 and
38.31.
11.
I have ensured that all reasonable assistance in completing the
necessary forms for requesting appointment of counsel is provided.
12.
A record of the Intake Officers advising the Juvenile of the right
to appointed counsel has been prepared in accordance with law and
such record consists of this document signed by me as Intake
Officer, a copy of which was provided to the Juvenile.
I, the Intake Officer in this case, do certify that I have reviewed
the Juvenile's Request for Appointing Counsel and Affidavit of
Indigence, which is attached hereto, and I hereby further certify
that:
( ) The Juvenile and Parent(s) have announced he/she is not indigent
and intends to hire an attorney to represent said Juvenile in any
proceedings in this case.
( ) The Juvenile and his parent(s) have claimed he/she is indigent and
has requested court appointed counsel. This request is referred to the
Juvenile Court Judge for determination of indigence and, if
appropriate, appointment of counsel in accordance with the alternative
plan approved by the Juvenile Board of the 39th Judicial District in
accordance with law.
___________________________________________
JUVENILE INTAKE OFFICER
___________________________________________
DATE AND TIME
A COPY OF THE ABOVE JUVENILE INTAKE OFFICER’S WARNING WAS RECEIVED BY
THE UNDERSIGNED THIS THE __________ DAY OF __________________________,
20__________.
_________________________________
JUVENILE
_________________________________
PARENT
_________________________________
PARENT