How To Beat Juvenile Charges In Texas: A Former Prosecutor Breaks Down The Law!
Who Is A Juvenile Under Texas Law?
Under Texas law, children younger than 17 years of age but older than 10 years of age that have allegedly committed a crime must be tried in a juvenile court. This holds true for the lowest of criminal charges (Class C Misdemeanors) up to capital murder. Texas law states that once a child reaches the age of 17, he or she can now be tried as an adult.
How Does The Texas Juvenile Court System Work?
Although a child may be arrested or detained for allegedly committing a crime, the procedural requirements under Texas law work very differently for juvenile compared to adults. Under Texas law, the Juvenile Justice Code is incorporated into the Texas Family Code. The general standard in juvenile court is that there is a presumption for rehabilitation of the juvenile. The primary question is, “What is in the best interest of the child?”
If the police believe they have probable cause to arrest a juvenile, they are permitted to take the juvenile into custody. Unlike the adult system, the law does not require the police officer to have an arrest warrant before detaining or arresting a juvenile.
What Is A Detention Hearing In Juvenile Court?
Under Texas law, every juvenile that has been arrested or detained has a right to a detention hearing. This is the first step in the juvenile justice system. Texas law requires that the detention hearing be held within 48 hours. Upon arrest, Juvenile law requires the juvenile to be delivered to the juvenile detention center and parents or legal guardians contacted “without unnecessary delay.”
The purpose of the detention hearing is for the juvenile court to determine the nature of the charge and home arrangements and supervision to decide whether to release or detain the juvenile in the facility until his court appearance.
How Long Can A Juvenile Be Detained In Texas?
Under Texas juvenile law, a juvenile being detained MUST be released from detention UNLESS the court determines:
1. The juvenile is high risk to abscond (run away)
2. The juvenile is not receiving suitable supervision, care or protection from a parent, guardian, or other person.
3. The juvenile lacks a parent, guardian, custodian, or other person able to return him for required court appearances.
4. The juvenile may be dangerous to himself or a threat to the safety of the public, if released; or
5. The juvenile has previously been found to be “delinquent” or received a previous conviction for a crime punishable by a term in jail or prison and is likely to commit an offense if released.
Can A Juvenile Case Be Dismissed?
It is possible. It is critical that you hire an experienced and aggressive juvenile attorney to get access to the evidence and sit down with you to explain the process and what is coming for each court setting. The best juvenile lawyers will get access to the evidence and provide this information to the family and take the time to answer all the questions and generate a customized defense strategy for how to attack the case. Failure to provide this evidence to the client will result in confusion and frustration and the possibility that a defense option is overlooked. The best possibility for a juvenile case to be dismissed is based upon your juvenile lawyer working with the family to understand the evidence and formulate a plan of action.
What Happens At Juvenile Court?
When you appear at juvenile court, it is important to remember that every juvenile must be accompanied by a parent or guardian. If your juvenile lawyer reviews the evidence and helps you determine that you need to contest the allegations, you can set the case for a jury trial.
It is important to remember that although the juvenile has a right to a jury trial, the prosecutor does NOT have the same right under the law.
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0:00 How To Beat Juvenile Charges In Texas: A Former Prosecutor Breaks Down The Law!
01:09 Who is a “Juvenile” under Texas law?
02:23 What does “Presumption of Rehabilitation” mean?
03:30 What does “Right of Detention Hearing” mean?
04:30 Remember: there is NO bail system under juvenile law in Texas!
05:04 How long can a juvenile be detained in Texas?
06:03 What happens if a juvenile is denied release at a detention hearing?
07:00 What are the Bond Conditions for juveniles?
07:38 How do juvenile criminal charges work?
09:00 How can en experienced juvenile lawyer help you?
09:42 Remember: every time your child appears, you must accompany your child!
10:25 Remember: in juvenile cases, the state doesn’t have the right to a jury trial!
11:15 What happens if there is a plea bargain?
14 авг 2024
