HOUSTON – The 16-year-old driver involved in a police chase that ended in a deadly crash in north Houston on Monday morning is still waiting to learn whether he will be charged as a juvenile or an adult.
On Monday, the Harris County District Attorney’s office revealed the 16-year-old was arrested and charged with felony murder, intoxicated manslaughter, failure to stop and render aid, evading arrest and detention and unauthorized use of motor vehicle.
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Houston-based criminal defense attorney Joe Vinas tells KPRC 2 Investigates there will be three components to determine whether or not to charge the 16-year-old as an adult and the process could take months.
1. Age and level of offense
Vinas tells KPRC 2′s Mario Diaz that all defendants must go through what’s called a “certification process.”
“You have to look at how old the defendant is and what they’re charged with,” Vinas explained. “To be charged with a felony, you have to be 14 years and older.”
2. Factors surrounding the offense
What’s next? Vinas says officials consider several factors into consideration when it comes to charging the defendant.
“ In this case, it was a high-speed chase that lasted six minutes,” Vinas said. “Those are what we call ‘aggravating factors.’ So that would cut against the defendant and probably the certification point.”
READ: 16-year-old identified as driver in police chase that ended in deadly crash in north Houston
3. Factors surrounding the defendant
Vinas said the court will look at factors compiled at the juvenile probation department, his family, and the state.
“There will also be psychological and psychiatric evaluations that the court will look at,” he said. “They will also look at his school records, family records, all of that goes into account in the certification process.”
Vinas also makes it clear that the process is similar to a trial, where an attorney for the defendant also can make a case for the teen not to be tried as an adult.
