It will be necessary to return to court for adjudication. In contrast, the adult justice system focuses on the offender’s punishment. But when juveniles break one of those laws, their cases may be handled differently than those of an adult. You may also bring a lawyer, but the presence of your parent/guardian is still required. Typically your child enters into the system by a referral from law enforcement or an arrest. If, however, the probation department determines the situation warrants a court appearance, there are several routes with may be taken once the case is referred to the prosecutor. How long can a juvenile be held under arrest? Many juveniles assume they won’t need a defense attorney if charged with a serious offense. However, if the suspected offense is not that serious, your child may simply be taken in to the probation department. 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 most circumstances, the probation department presumes that the child won’t be detained before the trial date. Punishments for the convicted child are usually less severe. This outcome depends on the situation and specific circumstances, your child’s history with law enforcement, and the current charges. When your child is charged with a juvenile crime in greater Houston, Texas, it is imperative to consult a knowledgeable juvenile defense attorney. 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. Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail. Spell. ˜ Caselaw Update; 32nd Annual Advanced Criminal Law Course, Sponsored by The State Bar of Texas, Dallas, Texas, July, 2006. The law enforcement officer is required to immediately notify the child's parents, guardians, or custodians. In juvenile detention, the judge will consider several different factors in deciding whether the child can go home. If the charge is true against the child, he or she faces punishment. What happens at an arraignment in Juvenile Court for initial hearing? If there is no suitable supervision outside of detention. They will determine if the case will go to court or if it can be resolved using an informal method. 52.025(a) Texas Family Code . To make a true determination, the jury’s verdict must be unanimous. treated as adults. A juvenile probation officer will conduct an intake of the child when he or she is arrested. If the juvenile is between 12-16 years old, they can be held for: 12 hours for a non-violent crime; or; Up to 24 hours for a violent crime. PLAY. Texas Juvenile Justice System. This means the individual stands trial as an adult defendant and is subject to adult punishments. 2, eff. When your child is facing the consequences and punishments of a criminal offense in the Houston area, it’s important to reach out to an experienced criminal defense attorney. Link: Juvenile Tobacco/Alcohol Offenses (pdf) What You Can Expect When You Come To Court: Under Texas State law, you are classified as a juvenile if you are under the age of 17. A juvenile court can set an indeterminate or determinate sentence. He needs only probable cause to believe it was committed. Juvenile holding logs are located in a separate juvenile detention log book. In Texas, Mississippi, Kansas, Colorado and other states , the minimum age is 10. Detained Minors: Probation has the same options as with non-detained minors. no further action is needed aside from a warning, without going through the juvenile court process. However, the purpose of punishment is to instruct the child and promote a change in behavior. During the intake, done immediately after the potential arrest, your child could be distraught or even intoxicated. Click Here to Receive Our Free Ebook. After six (6) hours have expired, the juvenile must be released or transported to Juvenile Probation. Texas Family Code and Juvenile Issues. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright © 2021 Get Lawyer Leads, Inc. In cases where theft or damage to property is present, a court can order a juvenile to pay damages to the victims. A juvenile in Texas has no right to bail or bond. the adult who the child resides with. In other places, a person may be considered an adult long before 18 or as late as 25 years old. CONTACT THE LAW OFFICE OF MATTHEW D. SHARP TODAY FOR AGGRESSIVE JUVENILE DEFENSE. After a juvenile is arrested, a detention hearing typically takes place within the next 48 hours. 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. He can release him with a mere warning or release him and refer him to … Contact Mr. Sharp to schedule a free initial case review. If that happens, the situation can be a little more serious and complicated. Revocation of probation or incarceration may result. If the child is detained a judge must hold a detention hearing within 48 hours. Following could be detained … juvenile Processing Office anyone involved of practice in the adult justice system and the justice... 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