Answers to Commonly Asked Texas Juvenile Law Questions

Yes. And not all attorneys know this. If your case involves a child between the ages of 10 and 17 is will be handled in the juvenile district or county court. Cases that involve children are not criminal cases- they are “civil” cases. While an adult or someone tried as an adult may receive a guilty verdict, a child will not. A child’s case will be “adjudicated to have engaged in delinquent conduct”. Bond is another matter. Offenders under the age of 17 are not released on “bond.” Whether they are held or released is very dependent on the details of their case and the way it is presented. Juvenile court also differs from adult court because there are different guidelines used to punish, rehabilitate or discipline juvenile offenders.

There are many instances where a teenager does something impulsive or because of peer pressure. When the offense is non-violent and not a felony charge the child may instead of going to court be referred to a diversion program. Instead of fines and jail time, the child will perform community services, get additional education, take steps toward rehabilitation or offer restitution to victims.

Adjudicated is a term used in juvenile court when the offender is found to have committed the crime. It means the same things as “found guilty” does in adult court.

The first court appearance is called an “arraignment.” Your attorney will review police reports and the evidence against you. Your attorney will also confirm any other information that is in your file, such as employment history, school records, and any other relevant personal history. This is also when plea bargains happen.

There are instances when more information is needed to present a strong defense. In these instances, your attorney will let you know if more time is needed. At The Law Office of Larry P. McDougal, we understand how stressful it can be to have to wait. We take the steps necessary to get you the most favorable outcome.

If a court, judge or jury finds that your child has “engaged in delinquent conduct” then your child will either be given probation or put in a juvenile facility. With very serious or violent offenses, a juvenile may have a transfer hearing to be charged as an adult.

If your child is 17 it is very likely they will be charged as an adult in Texas. However, if passed, House Bill 344, the “Raise the Age” bill, would prevent 17-year-olds from being prosecuted as adults.

Texas still treats 17-year-olds as adults, even for non-violent and misdemeanor offenses. Depending on the circumstances and the nature of the crime, kids as young as 14 can be tried as adults in our state. This process is known as a transfer hearing. The purpose of a transfer hearing is to transfer the case to the adult court system. This is not a good thing for the offender. We know that younger offenders are more open to and positively affected by rehabilitation. Not having a criminal record can mean more opportunities for military service, a college education, jobs, and even housing. An attorney who works in juvenile criminal defense knows the steps to take to ensure that, if possible, these young offenders are treated as juveniles, not adults in the Texas legal system.

One way or another, yes. If your child is charged with a crime in Texas Children then that child must be represented by a lawyer during most proceedings. If you do not hire your own attorney a judge will typically appoint a juvenile defense lawyer for the child. This is not free. You will have to reimburse the county for the lawyer’s fees.