What is the Juvenile Justice System in Texas?
When a juvenile is charged with a criminal offense, their case will proceed through the juvenile justice system rather than the criminal justice system in Texas designed for adult offenders. The juvenile justice system is governed by a section of the Texas Family Code known as the Juvenile Justice Code. Judicial proceedings, appeals, and records are all handled in specific ways for juvenile offenders under this section of state law. The Texas Penal Code, which governs adult criminal offenses, is still relevant for juvenile offenses, but the system through which those offenses are handled for juveniles is governed by the relevant section of the Texas Family Code.
While the juvenile justice system is separate, it is nonetheless extremely important to have a defense attorney if you are facing charges as a juvenile or if your child was charged with a juvenile offense. The juvenile justice system may be separate, but the consequences can still be serious. Our Texas juvenile defense lawyers can explain in more detail and can speak with you today if you need assistance with a juvenile defense case.
What is a Juvenile?
Texas law defines a juvenile as a person at least 10 years old and up to the age of 16 who can be charged in juvenile court for offenses. Once a person turns 17 years old, that person is considered to be an adult in Texas for purposes of criminal offenses and prosecution.
Delinquent Conduct and the Juvenile Justice System
When a juvenile (as defined above) commits an offense in the Texas Penal Code that is something other than a traffic offense (anything from a low-level misdemeanor offense to a serious felony offense), then the juvenile can be taken into custody for engaging in “delinquent conduct.” Section 51.03 of the Texas Family Code defines delinquent conduct as “conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail,” or conduct related to driving under the influence of alcohol or that would constitute contempt of court.
More minor offenses, or those that would only be punishable by a fine, are defined as “conduct indicating a need for supervision.”
How Does the Juvenile Justice System Work?
Once a child between the ages of 10 and 16 is taken into custody for delinquent conduct or for conduct indicating a need for supervision, the juvenile is processed and can then be referred to juvenile court. If a child is referred to juvenile court for a detention hearing, it is critical to know that the child has a right to counsel. There are several possible outcomes of a detention hearing that will depend on the nature of the offense, the juvenile’s circumstances and any previous record, and other factors. When a juvenile is ultimately adjudicated for delinquent conduct, they can be placed on probation or sentenced to a Texas Juvenile Justice Department (TJJD) facility.
Contact a Juvenile Defense Attorney in Texas
A child who is facing any kind of charges for delinquent conduct or any other violation of the Texas Penal Code should have a dedicated lawyer who can assist with their defense. One of the experienced Texas juvenile defense attorneys at John Reed, Attorney at Law can begin working on your juvenile defense case today. Contact us to learn more about how we can help and to get started.
Source:
statutes.capitol.texas.gov/Docs/FA/htm/FA.51.htm#51.02
