If your child is in custody, the District Attorney must file the petition within 48 hours of the time the minor is detained excluding weekends and holidays. In the adjudication phase, the jury determines if the individual committed the crime or not. Detained Minors: Probation has the same options as with non-detained minors. Within 24 hours after taken into custody, the youth will appear in court and have a detention hearing before a judge authorizing the youth’s detention status. A police officer may arrest/detain a juvenile for either a felony or misdemeanor offense. Texas Juvenile Justice Department Detention – Juveniles found guilty of multiple or serious crimes can be sent to TJJD, which has low, medium, and high security facilities. The child defendant faces suspension of a driver’s license, community supervision (probation) or even jail time. In this case, the jury determines if the charges (petition) against the child defendant are true or not true. The first step in the juvenile process is an intake done by probation officials. 495, Sec. Texas Family Code and Juvenile Issues. As you can see, it’s typically beneficial for the young defendant to be tried as a child. Let’s review some of the juvenile offenses and punishments: If the child is charged with possession of marijuana, the punishment depends on the amount of marijuana he or she possessed and if the offense included aggravating factors, such as possessing marijuana in a drug-free school zone. the adult who the child resides with. In juvenile courts if a child is arrested they must be first taken to a magistrate (a Judge) and read a warning that includes their Miranda warnings. This is not a law firm or referral service and does not provide legal advice. Custodian. If detained, subsequent hearings are held every 10 to 15 days to discern if the individual shall continue to be detained pending trial. A probable cause hearing is held within 48 hours of arrest. In other places, a person may be considered an adult long before 18 or as late as 25 years old. The child defendant faces a two-part hearing at trial. An experienced juvenile defense attorney can answer your questions, including: ARE YOU SEEKING LEGAL HELP FOR YOUR CHILD? When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system. Depending upon your child’s age, history, and the nature of the crime, the court or local probation department may impose a variety of punishments, including: Juvenile crimes span a wide range of criminal offenses including drugs possession and murder. In that case, the trial immediately progresses to disposition. They are allowed to hold you for a reasonable amount of time, and they can question you as part of their investigation. Unlike the case with adults, the police do not have to personally witness a misdemeanor to take the juvenile into custody. In this day and age, fights, threats, and roughhousing that were once considered a part of growing up can lead to serious criminal charges. Common punishments include community service and probation. Punishments for the convicted child are usually less severe. If a child is sentenced to probation and he or she violates the terms of probation, he or she will face a juvenile violation of probation charge. Of if you are a parent of a child accused of a crime, you are doubly concerned about the consequences down the road. Learn. This is where the judge decides whether the young person should be released or detained until the next court hearing. A juvenile probation officer will conduct an intake of the child when he or she is arrested. Contact a Kingwood, Texas criminal defense lawyerif you believe your rights have been violated during a detention. The ultimate decision is with the judge. A good first step in the process is to speak with a criminal defense attorney who can review the facts of … If the juvenile is detained on a Friday or Saturday, then the detention hearing is required to be held on the first business day. Added by Acts 1991, 72nd Leg., ch. jput1613 . Juvenile delinquency detention is different from adult detention. Does time in placement vary by type of offense for detained offenders? When possible, these avenues are preferable to going to court. Unfortunately, if the child is 14 years old or older, he or she may stand trial as an adult for a capital offense, such as a first-degree felony or an aggravated controlled substance felony. You must appear in Court with a parent or a legal guardian. When your child is charged with a juvenile crime in greater Houston, Texas, it is imperative to consult a knowledgeable juvenile defense attorney. Write. Test. Texas Juvenile Justice System. How Texas Handles Juvenile Cases. A detention hearing follows within one to two business days. (d) A child may not be detained in a juvenile processing office for longer than six hours. In fact, if a judge decides your child is a danger to himself or the community — based solely on the initial charge — he or she can detain your child for up to 10 days, basically with no questions asked. To make a true determination, the jury’s verdict must be unanimous. If you or someone you love has been arrested for a juvenile justice offense, you'll want to understand if the laws regarding Miranda warnings for minors was followed. The Law Office of Matthew D. Sharp stands by to answer your questions and offers assistance at this time. The presiding judge decides appropriate punishments at that time. He has experience in representing young persons charged with criminal offenses, such as: If your child is charged with a criminal offense, you must seek the assistance of a criminal defense lawyer who’s experienced with the juvenile court system in greater Houston, Texas. Since some juvenile offenses carry serious penalties and consequences, it’s important to protect your child’s legal rights and future. This is a free matching service only, claim reviews will be performed by a third party attorney. In juvenile detention, the judge will consider several different factors in deciding whether the child can go home. When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system. If the defendant is convicted, he or she faces other consequences in life, such as finding employment or getting into a good college or having access to federal student loan funds to pay for an education. During the intake process, the juvenile probation department also decides if the child will be held prior to trial. treated as adults. Sept. 1, 1991. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail. As your child’s defense attorney, I can fight for options that avoid your child needing to go to court after a juvenile arrest or criminal accusation. General terms and misc. If your child is younger than age 18, he or she can be charged with a variety of misdemeanor and felony offenses in Texas. How long do juveniles stay in juvenile residential placement facilities? In most cases, the child can’t be certified as an adult if the offense was committed before he or she turned 15 years of age. Where can I get additional information? According to the Texas Family Code Section 54.01(a), a detention hearing is required to be held within two business days after a juvenile has been detained. In many places, a person is considered a legal adult at the age of 18. (c) A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by the child's parent, guardian, or other custodian or by the child's attorney. Restitution. THIS IS AN ADVERTISEMENT. Holding Logs. Sometimes, no charges are filed, and you will be released. This means the individual stands trial as an adult defendant and is subject to adult punishments. Texas Family Code Section 52.01 speaks about custody and the alternative Issuances of a Warning Notice. L. A juvenile may be held for only six (6) hours in a designated Juvenile Processing Center. In cases where theft or damage to property is present, a court can order a juvenile to pay damages to the victims. STUDY. Texas is known for taking a tough stance when it comes to dealing with juveniles as adults in the justice system. They include maintaining strict sight and sound separation between detained juveniles and securely held adults, limiting how long a juvenile may be detained before being processed either to release or to county detention facilities, and requiring that detained juveniles be under observation for their own protection. H, Suite A However, if he or she meets any of the following criteria, detention is likely: When the child defendant is detained, he or she attends two meetings in the Houston – Harris County area or in nearby Montgomery County or any surrounding county. A juvenile is an individual between the ages of 10 to 17 in Texas. How Long Can Police Legally Detain Someone if They Are Not Under Arrest? The child may have the option to avoid the adjudication phase. After a juvenile is arrested, a detention hearing typically takes place within the next 48 hours. B. Don’t allow your son or daughter to discuss the matter with a law enforcement officer until you contact defense counsel. There are several reasons your child could be detained. Texas Criminal Defense Lawyers help you fight criminal charges in Texas courts. Children make mistakes. He can release him with a mere warning or release him and refer him to … Juvenile Information. Options like deferred prosecution or counseling allow your child’s case to be settled without going through the juvenile court process. A neuroscientist explains how detention can affect a developing mind, as a new law in California sets the highest age limit in the US for minors to be held criminally responsible, at age 12. Facility Characteristics. A juvenile is an individual between the ages of 10 to 17 in Texas. 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