In the State of Texas, those offenses that are committed by youths who are at least 10 years old but are not yet 17 years old move through the juvenile justice system. There are also instances when 17-year-olds are prosecuted through the juvenile justice system in Texas, and these cases relate to charges of conduct indicating the need for supervision or of delinquent conduct that are the result of the juvenile’s actions prior to turning 17.
If your child is facing a juvenile offense charge, they’re at a critical juncture in their life, and reaching out for the professional legal representation of an experienced Round Rock juvenile defense attorney is the most important first step you can take in the protection of their rights and future.
Juvenile Crimes in Texas
In Texas, juvenile crimes are divided into two categories that include both delinquent conduct and conduct indicating a need for supervision.
Delinquent Conduct
Delinquent conduct refers to offenses – other than traffic offenses – that violate a state or federal law and that, if committed by an adult, would lead to a jail or prison sentence. These include all the following:
Class A misdemeanors
Conduct Indicating the Need for Supervision
Conduct indicating the need for supervision (CINS) refers to conduct – other than traffic offenses – that only carry fines – without the potential of jail time. Examples include:
Truancy
Expulsion from school
Inhalant abuse
Violation of a child at risk court order
Prostitution
The Juvenile Justice System vs. the Adult Justice System
The juvenile justice system doesn’t approach juvenile criminal cases as crimes in the same way that the adult system does. While juvenile cases are based on youths engaging in criminal offenses, they are handled by Family Code provisions not by the Code of Criminal Procedure.
This means that both the proceedings and the applicable laws that guide juvenile criminal cases differ from those that guide the adult cases.
The Juvenile Justice Process
If your child is facing a juvenile crime charge, the path forward includes several distinct steps.
Detention
If an officer has probable cause to find that a crime has occurred, they can take a juvenile into custody. Probable cause in this context translates to information that is reasonably trustworthy and rises to the level of causing a reasonable person to believe that a specific person has committed, is committing, or is about to commit a crime.
It’s important to point out here that a juvenile’s detainment by the police is not an arrest. And, as such, your child – at this point – can truthfully say they’ve never been arrested, which can play an important role in their future.
The Juvenile Processing Office
After taking the youth into custody, the officer delivers them to a juvenile processing office – where they can be held for up to six hours. As their parent, you have the right to communicate with your child privately at this point for a reasonable period of time. From here, one or more of the following will occur:
Your child will be returned to you.
Required forms and records will be completed.
Your child will be fingerprinted and photographed – if authorized by the juvenile court.
Your child will be issued a warning.
Your child’s statement will be taken.
The Detention Hearing
If your child isn’t released from detention – release is not an option when a firearm was used or exhibited in the course of the alleged offense – a detention hearing must be held promptly.
Promptly here means no later than the second working day after your child is taken into custody, and if the detention takes place on a Friday or Saturday, their detention hearing must be on the next working day.
Your Child’s Attorney
At their detention hearing, your child should have a seasoned juvenile defense attorney representing them. Before the initial detention hearing, the court is required to notify you and your child of their right to an attorney. If you don’t have enough time or the financial means to retain an attorney in the brief interim, the court will appoint one before the initial hearing.
Juveniles aren’t afforded the same level of criminal law provisions that adults are, but they do have the right to remain silent, which is always advised. Because your child’s future can hang in the balance, having skilled legal counsel on their side from the start is paramount.
The Judge’s Ruling
At your child’s detention hearing, the presiding judge will determine whether release is appropriate or not. Juveniles can’t be released from custody on bond the way adults generally can. If your child isn’t released from custody, the judge must schedule a second detention hearing within 10 days.
At your child’s detention hearing, the judge will focus on factors like the following when deciding whether or not release is the appropriate response:
The likelihood that your child will abscond, which means to remove themself or be removed from the jurisdiction of the court
The level of supervision your child has
If there is a parent or guardian who is available to return your child to court
Whether or not your child represents a danger to themself or others
Whether or not your child represents a risk to public safety
Whether or not your child is likely to commit an offense upon release
Whether or not your child has a prior offense on their record
If your child is released, they should be allowed to go home with you that same day. The judge will, however, order conditions of release, which are rules that your child is required to follow and can include requirements like the following:
Attending school
Staying off social media
Submitting to drug or alcohol tests
When Charges Are Filed
Your child could be formally charged, and this involves the prosecutor filing a petition in juvenile court. Such charges are generally related to delinquent conduct but a charge of conduct indicating a need for supervision is also a possibility.
When charges are filed and the case proceeds to juvenile court, the family receives a summons, which reports when the juvenile is required to appear in court.
Indeterminate Sentencing
It’s the prosecutor’s decision – when a charge is filed – whether to file a petition for a determinate or indeterminate sentence. When the sentence is indeterminate, the juvenile must be discharged from the juvenile justice system by the time they turn 19.
Determinate Sentencing
If, however, the sentence is determinate, the juvenile can be transferred to the adult system from the age of 16 – depending on their progress and behavior in the juvenile system. When the prosecutor does seek a determinate sentence, grand jury approval is required.
The charges for which a determinate sentence may apply include all the following:
Habitual felony conduct
First-degree or aggravated controlled substance felony
Sexual assault and aggravated sexual assault
Indecency with a child
Criminal solicitation of a minor
Aggravated robbery
Aggravated kidnapping
Criminal solicitation
Felony deadly conduct by discharging a firearm
Injury to a child, elderly person, or disabled person – when punishable as a felony rather than a state jail felony
Arson – when bodily injury or death results
Intoxication manslaughter
The Adjudication Hearing
If your child is charged and their case goes to trial, which is called the adjudication hearing, they have the right to a jury. Only if they waive this right can they proceed before the judge. At the adjudication hearing, the Judge will explain all the following to your child:
The charge against them
Their legal rights
The consequences they face
At this point your child will enter a plea of either true or not true. The prosecution has the burden of proving your child’s guilt beyond a reasonable doubt. This is generally accepted to mean that there is no other reasonable explanation.
If your child receives an order for adjudication, it’s not technically considered a conviction. If, however, the charge is a felony, it can be used for the purposes of enhancement if your child ever faces a charge in adult court.
Sentencing – or the Disposition Hearing
In the juvenile justice system, the sentencing hearing is distinct from the adjudication hearing, and as mentioned, the sentence can be either determinate or indeterminate. For an indeterminate sentence case, your child doesn’t have the right to a jury during the sentencing phase, but for a determinate sentence case, they do.
When a Juvenile Is Charged as an Adult
In certain cases, the juvenile court relinquishes its original jurisdiction over a juvenile charge, and when this happens, the child is tried as an adult. This extreme step is generally reserved for very serious cases that include mitigating factors. Factors that can trigger a juvenile being charged as an adult include all the following:
The juvenile was at least 14 years old at the time of the offense, and the prosecution has probable cause to charge them with a capital felony, a first-degree felony, or an aggravated controlled substance felony.
The juvenile was at least 15 years old at the time of the offense, and the prosecution has probable cause to charge them with a state jail felony or a first- or second-degree felony.
The juvenile is now at least 18 years old, and they are being charged with murder or capital murder that was committed when they were a juvenile – or under the age of 17.
Before the juvenile court will relinquish jurisdiction, they take factors like the following into careful consideration:
The juvenile’s level of maturity and sophistication
Whether or not the juvenile has a prior record
Whether or not the juvenile poses an ongoing danger to the public
The likelihood that the child can be rehabilitated by the resources available within the juvenile justice system
FAQ
If your child is facing a charge in the juvenile justice system, you are both at a crossroads, and you no doubt have plenty of questions. The answers to those that are asked most frequently may help you with your own.
What happens to a first-time offender?
The Texas juvenile justice system does have a first-offender program for youths facing nonviolent charges that aren’t felonies. In these cases, a juvenile who doesn’t have a record can be referred by the court to a diversion program. These juveniles can face consequences like the following rather than fines and jail time:
Community service hours
Further education
Restitution to victims
Steps toward rehabilitation
Does my child need an attorney?
The most important step you can take at this point is ensuring that your child has a trusted juvenile defense attorney in their corner. The lasting consequences of being charged as a juvenile are too serious to ignore, and the surest means of protecting your child moving forward is with practiced legal counsel backing them up.
What happens if my child is found guilty?
If your child is found guilty in the juvenile justice system for delinquent conduct, they will either receive probation or will be sentenced to a juvenile facility. Only when the crime is very serious or is a violent offense will the juvenile system consider transferring your child to the adult system – to be tried as an adult.
You Need an Experienced Round Rock Juvenile Defense Attorney on Your Side
Brett Pritchard at The Law Office of Brett H. Pritchard is a compassionate juvenile defense attorney who appreciates how difficult it is if your child is facing a juvenile charge, and he is committed to skillfully fighting for their rights and for an optimal outcome that supports their brightest future.
Learn more by contacting or calling us at 254-781-4222 and scheduling a free consultation today