The juvenile justice system is its own area of law. Rightfully so, children are separated from the adult criminal justice system, with the exception of limited situations. Many differences exist when a juvenile is charged with a criminal offense. Knowledge in that area of law is important when representing a juvenile against the State in their case. Although different, juveniles deserve the same justice as adults and their rights must be protected. Anthony, a former juvenile prosecutor, now a criminal defense attorney, is available to provide quality representation upon the juvenile being arrested and accused of a crime. One of the greatest concerns in the juvenile justice system is that a child's life is being put on hold. The case should be handled appropriately and efficiently so a child can go back to focusing on what's important at their age.
A youth – someone under the age of 17 (although each state defines it differently) – who commits a misdemeanor or felony in Texas is typically charged as a juvenile defendant. Their criminal case is then held in the juvenile justice system. There are exceptions. A youth may be charged as an adult depending on the seriousness of the crime or a juvenile's criminal background. If that happens, the penalties are more severe.
Common Juvenile Crimes in Texas
Juvenile crimes are those committed by someone under the age of majority. The specific age of majority under criminal law varies between states, although it is often 17 years of age.
Generally, juveniles can be charged with the same offenses as adults. Common offenses committed by juveniles include:
- Shoplifting or petty theft
- Vandalism
- Violent crimes, such as assault
- Possession of drugs or alcohol
- Sexual offenses
The main difference between the two systems is the sentencing options available to the court. The juvenile justice system emphasizes rehabilitation. It offers alternative sentencing options such as counseling or education programs and sends defendants to a juvenile detention center rather than a jail or prison.
Juveniles Tried as Adults in Texas
When a juvenile defendant commits a crime, they are usually then tried as a juvenile. In certain circumstances, however, their case can be transferred to the adult system.
The specific criteria for this vary between states. Relevant factors may include:
- The type and extent of the offense
- The seriousness of the allegations
- Any aggravating circumstances (for example, the use of a weapon)
- Whether the defendant understood the criminality of their conduct
- Whether the defendant is a repeat offender
The decision to transfer a juvenile case to the adult system can be made automatically as a result of the relevant legislation or at the discretion of the prosecution or judge. And once a juvenile defendant has been tried as an adult, any future charges will also be dealt with in the adult system.
When a juvenile case is dealt with in the adult system, the defendant is exposed to harsher penalties usually reserved for adults. It also excludes them from other sentencing options, such as counseling or education programs offered to juvenile offenders.
Collateral Consequences of an Adjudication in Harris County and Galveston County for a Juvenile Offense
In addition to the penalty imposed by a court, there can also be collateral consequences for juveniles being adjudicated of juvenile offenses.
An adjudication can disrupt a juvenile's schooling, especially if they serve time in juvenile detention. An adjudication can also affect their access to education more generally. Some schools may not accept students with a criminal record and many colleges ask applicants to disclose any juvenile adjudications.
While many people believe juvenile criminal records “disappear” once someone becomes an adult, this isn't always the case. Law enforcement, courts, state and federal agencies, and the military may learn about a juvenile's history. Adjudications for certain offenses as a juvenile may also require a defendant to register as a sex offender or restrict them from owning a firearm well into adulthood.
Your Rights for Juvenile Arrests in Texas
Both minors and their parents or legal guardians have rights when a minor is arrested in Texas or is asked questions as a witness in a criminal matter. Parents and legal guardians also have rights. When a right is violated, this violation can be used as part of the defense strategy. This is in part why it is critical to speak to a juvenile defense lawyer in Harris County and Galveston County as soon as possible.
Your Child Has Rights
The U.S. Constitution as well as most state constitutions outline certain rights for each person, whether a juvenile or an adult. These rights include but are not necessarily limited to:
- The right to be free from any unreasonable search and seizure
- The right against self-incrimination
- The right to refuse any questioning
- The right to an attorney during police questioning
Further, when a minor is detained or arrested, the police typically have an obligation to contact a parent or legal guardian, or at least make a reasonable attempt to do so.
Parents Have Rights
As a parent or legal guardian, you have rights in cases where your child has been arrested or detained by the police. Three such rights include:
- The right to be present with your child during questioning
- The right to know the reason your child was arrested or detained
- The right to have or retain an attorney for your child
As a parent or guardian, it is always in your child's best interest to remain calm. You can request to see your child at any time while the child is in police custody.
Contact a Juvenile Defense Attorney in Harris County and Galveston County Today
The Law Office is prepared and experienced to deal with your child's case. Juvenile punishments are typically focused on rehabilitation. With that in mind, a parent should still make sure that the appropriate attorney is handling their child's case. Attorney Anthony Smith understands the juvenile justice system and is committed on working towards a client-focused result. Contact the office today at 713-242-8917 or by using the form on this site.
