Family Code · §51.095

Juvenile Justice

Juvenile Justice is covered under §51.095 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Magistrate-administered warnings; Outside presence of LE / prosecutor; Knowing/intelligent/voluntary waiver; Specific procedures for written, recorded, res gestae.

Elements you must prove

  • Magistrate-administered warnings
  • Outside presence of LE / prosecutor
  • Knowing/intelligent/voluntary waiver
  • Specific procedures for written, recorded, res gestae

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under Tex. Fam. Code §51.095, juvenile statements are admissible only if:

  1. Same as adults under Art. 38.22
  2. The warnings were given by a magistrate (for written/oral custodial statements) outside the presence of any law enforcement officer or prosecuting attorney; the juvenile knowingly, intelligently, voluntarily waives those rights and signs/records the statement before an authorized magistrate Correct
  3. Only oral statements admissible
  4. Statements never admissible
Why: Juvenile statements have special procedural protections. Magistrate-administered warnings (outside law-enforcement presence) are required, and certain forms of statement must be made before the magistrate. Failure renders the statement inadmissible.
Statute: Tex. Fam. Code §51.095

Statutory definitions for this topic

Family Code §51.095 statement Tex. Fam. Code §51.095
Procedural rule for admissibility of juvenile statements. Magistrate-administered warnings (outside law-enforcement presence) are required for written / recorded custodial statements; the juvenile must knowingly, intelligently, and voluntarily waive rights and sign / record the statement before the magistrate.