Ticket for foul language in 8th grade

[justalayman]

Didn't mean to sound like I was arguing. Actually between an attempt at humor, that apparently failed miserably, it was a question of clarification and tossing out the failure to prosecute as a question.

I'm with you on cl's accuracy, especially on lone star issues.

 

[CavemanLawyer]

is the charge considered a "penal ordinance"? I guess that would be akin to an infraction in the rest of the country.

If so, dammit, this is a 1st amendment issue. Watch out John, here we come.

It sounds like she was originally charged with disorderly conduct probably under section (1). The statute is 42.01 and it is located in the penal code but Texas really does not use terms like penal ordinance or infraction. All of our State crimes are classified as various degrees of either misdemeanors or felonies and then we do have some considered hybrid offenses. Each city's municipal laws are considered ordinances.We have different rules for "fine only" offenses and alot of other States would probably refer to those as infractions but we would still just call them a Class C misdemeanor.

There are plenty of cases challenging the constitutionality of the disorderly conduct statute based on the first amendment right to free speech. The statute itself has been thoroughly upheld, but it is a fact specific inquiry as to whether the specific language/circumstances involve protected speech or not.

Incidentally, just this Sept. 1st a new law went into effect that prohibits Class C offenses (tickets) from being imposed on juveniles for conduct that occurred at a school during school hours. Doesn't prevent them from prosecuting her for what happened all those years ago though.

so, any chance they did not attempt to prosecute this in due time and it can be dismissed? Seems like Texas had a fairly strict law regarding failure to prosecute and the actions allowable due to such a failure.

If the statute of limitations ran then it has to be dismissed. If the statute of limitations hasn't run then it is doubtful that the delay violated the person's right to a speedy trial and they can likely proceed with no problems. As long as they filed their complaint and information (takes 2 secs to draft) after the person failed to appear the Court is probably fine.

What is the code/case that has a FTA of a child be a crime when they turn an adult?

Take a look at Code of Criminal Procedure Art. 45.060 sections (b) and (c.) http://law.onecle.com/texas/criminal-procedure/45.060.00.html