Most delinquent conduct involves behavior that would commit criminal offenses if committed by an adult. Juvenile cases can involve allegations such as assault, theft, drug offenses, property offenses and other conduct.
When a child is accused of an offense, parents may have questions about detention, court proceedings, school consequences and how the case could affect their child’s future. Texas juvenile cases follow different procedures and terms from adult criminal cases, and the possible outcomes depend on the allegations and circumstances involved.
The Carlson Law Firm represents juveniles and families facing delinquency allegations in Bell, Coryell, Lampasas and McLennan counties. Our juvenile defense lawyers can explain the process, review the allegations and evidence, and represent your child throughout the court proceedings.
Texas juvenile cases are generally handled under the Texas Family Code instead of the adult criminal justice system. Juvenile proceedings can result in serious consequences, but the system uses different terminology, procedures and potential outcomes.
For example, a juvenile case may involve an adjudication hearing to determine whether a child engaged in delinquent conduct, followed by a disposition hearing if the allegations are found to be true. Depending on the case, a disposition could involve probation, court-ordered programs, placement or other requirements.
Children have legal rights during juvenile proceedings. Texas Family Code §51.10 provides for representation at proceedings including detention, transfer, adjudication and disposition hearings, with representation nonwaivable at several critical proceedings.
In serious felony cases, the state may seek to have the juvenile court waive its jurisdiction so the child can be prosecuted in adult criminal court. For cases that are transferred to adult proceedings, it can help to understand how our criminal defense lawyers represent people facing criminal allegations in Central Texas.
In most cases, Texas juvenile proceedings apply to a person who is at least 10 years old and under 17. This extends to certain individuals who are 17 or older when the alleged conduct occurred before their 17th birthday.
Juvenile cases may involve allegations of delinquent conduct or conduct indicating a need for supervision. Procedures and potential outcomes depend on factors including the child’s age, the alleged conduct and the circumstances of the case.
Juvenile defense attorneys represent children in proceedings involving allegations of delinquent conduct and other matters within the juvenile justice system. Depending on the circumstances, representation may involve:
Most delinquent conduct involves behavior that would commit criminal offenses if committed by an adult. Juvenile cases can involve allegations such as assault, theft, drug offenses, property offenses and other conduct.
When a child is taken into custody and not released, the juvenile court generally holds a detention hearing in accordance with Family Code Chapter 54 to decide whether the child should remain in custody while the case proceeds. An attorney can represent the child at the hearing and advocate for release when appropriate.
Juvenile representation may continue through disposition and later proceedings involving alleged violations or requested modifications of court-ordered supervision.
In certain felony cases, prosecutors may ask the juvenile court to waive its jurisdiction and transfer the case to adult criminal court. These proceedings can have serious consequences and require specific requirements under Texas law.
Some allegations can lead to both juvenile court proceedings and disciplinary action at school. Depending on the circumstances, an attorney can help families understand how the juvenile allegations and school proceedings interact.
Texas law allows some juvenile records to be sealed, which can restrict access to records associated with a juvenile matter. Eligibility is not automatic and depends on the circumstances and history of the case.
Factors that can affect eligibility include:
Some juvenile records may also qualify for sealing without an application when statutory requirements are satisfied. A juvenile defense lawyer can review the case history and determine whether record sealing or another form of relief may be available.
Clearing or limiting access to a record depends on the type of case and the relief available under Texas law. In this video, The Carlson Law Firm discusses expunction generally and briefly addresses records involving juvenile cases.
Juvenile cases can move quickly and may involve court proceedings, probation officials, schools and other agencies. A juvenile defense lawyer can help the child and family understand the process while protecting the child’s legal rights.
Depending on the case, an attorney may:
Examine reports, witness statements, recordings and other available evidence related to the allegations.
Advocate for the child during detention, adjudication, disposition and other juvenile court proceedings.
Review how statements, searches, questioning and other aspects of the investigation were handled.
Represent the child when prosecutors seek transfer from juvenile court to adult criminal court.
Discuss the options that may be available based on the allegations, evidence and circumstances.
Represent the child in proceedings involving alleged probation violations or modifications.
Determine whether juvenile records may qualify for sealing under Texas law.
Texas juvenile cases generally follow procedures established by the Texas Family Code rather than the adult criminal justice system. Juvenile proceedings use different terminology and can involve detention, adjudication and disposition hearings. The potential outcomes also differ from those available in adult criminal court.
Juvenile defense attorneys may represent children in cases involving allegations such as:
Representation may also involve detention hearings, probation matters, certification and transfer proceedings, and juvenile record-sealing issues.
Possibly. Some incidents can result in both juvenile court proceedings and disciplinary action at school. Depending on the circumstances, an attorney may help a family understand how the juvenile case and school disciplinary process interact and whether representation in a school-related proceeding is appropriate.
The outcome depends on the allegations, evidence, the child’s history and other circumstances. A case may be resolved without an adjudication of delinquent conduct, or an adjudication can result in a disposition that includes probation, court-ordered programs, placement or other requirements.
More serious cases can involve commitment to the Texas Juvenile Justice Department or other consequences authorized by Texas law.
Texas juvenile cases can have different timelines. The length of the process depends on factors including:
An attorney familiar with the case can explain the expected next steps and applicable deadlines.
Texas law allows a juvenile court to waive its jurisdiction and transfer certain felony cases to criminal court when statutory requirements are met. This process is commonly called certification.
Eligibility depends on factors including the child’s age, the alleged offense and when the conduct allegedly occurred. The juvenile court must conduct a hearing and consider factors specified by Texas law before deciding whether to transfer the case.
Because certification can expose a child to adult criminal proceedings and penalties, legal representation during a transfer proceeding is especially important.
Juvenile allegations can create serious questions for both a child and the child’s family. Understanding the court process, your child’s rights and the options available can help families make informed decisions as the case moves forward.
The Carlson Law Firm represents juveniles and families in Bell, Coryell, Lampasas and McLennan counties. Contact our firm to schedule a consultation with a juvenile defense lawyer about your child’s case.
Depending on the circumstances, a DWI may be charged as a misdemeanor or felony. Kyra Leal represents clients facing criminal charges in Central Texas and can review the evidence, explain the legal process and help develop a defense strategy based on the circumstances of the case.
With 18 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.