Here’s a local news article I found yesterday re: what Ethan Couch’s lawyers expect
to happen with his sentence:
http://www.wfaa.com/story/news/loca...-ethan-couch-likely-return-us-weeks/79077300/
Wynn and Brown said they expect the transfer to adult court to happen since Couch's sentence was designed to transfer his probation to the District Court on his 19th birthday. Couch was sentenced to 10 years of probation by a juvenile judge on a “determinate sentence.”
I’m not a lawyer, but I have some experience with the Texas juvenile justice system via a close family member not long ago. At the time I learned there were two types of sentencing in juvenile cases – indeterminate or determinate. An indeterminate sentence normally ends after age 19, and a determinate one carries into the adult system after age 19. The judge decides on the type of sentencing at the end of trial or plea hearing.
More info on determinate sentencing can be found as follows (note that in some instances the sources say the change happens at age 21, which was the case until a few years ago, when the state legislature changed it to 19):
http://www.epcounty.com/CA/documents/DeterminateSentencingExplanationPressRelease.pdf
http://www.juvenilelaw.org/Portals/0/Article Library/Articles 2014/Determinate Sentencing.pdf
http://www.tjjd.texas.gov/about/sentenced_offenders.aspx
Hope this is helpful!
I have also seen other local attorneys on DFW area news shows in recent weeks saying they expect Ethan’s case to transfer to adult court, and a judge would likely rule that the transfer hearing could take place without him being present, given the circumstances. Now that his lawyers are saying the immigration proceedings in Mexico are being stopped, and they expect Ethan to return soon, it seems likely his sentence will be moved to adult court.