Juvenile offenders in Texas have their cases processed through the juvenile justice system. In today’s blog post from the Law Office of Bryan Fagan, we will provide you with an overview of the different parts of a juvenile justice case. In short, the juvenile justice system is intended to act as a means of rehabilitation. Young people with a history of legal problems have options within the juvenile justice system to handle their situation better. If you or a loved one have been accused or adjudicated of having committed a crime, then today’s blog post is for you.
What is the juvenile justice system in Texas?
In Texas, any person who commits a crime between the ages of 10 and 16 is defined as a juvenile. Certain offenses such as truancy, running away, or a Class C misdemeanor will see your child sent to a Municipal Court. A class A or B misdemeanor as well as any type of felony finds your child referred to a probation department in your local area. Cases involving juveniles do not have to be processed formally. Rather, your child may be released to you by law enforcement.
There are options available when a child is referred to a local probation officer. In that situation, a case may be dismissed. Your child’s case may be referred to a social services group or first-offender program. As the parent of a young offender, you would be informed of the situation involving your child. The different options available will be discussed with you. In any event, the law enforcement body would inform you of the severity of your child’s actions. A warning about the activities involved would be provided.
What is the purpose of the Texas juvenile justice system?
In Texas, our juvenile justice system exists to create good outcomes for young people who are accused of crimes. Ideally, the juvenile justice system is accountable to the accused, victims, and their families. The juvenile justice system works with community services to avoid placing the child in detention facilities. The state of Texas also operates facilities where your child may be rehabilitated. This occurs when it is determined that your child cannot be safe in any other scenario.
Local probation departments as well as the Texas Juvenile Justice Department work together on these issues. The state of Texas oversees probation departments and the juveniles that are referred to them. Juveniles who are adjudicated regarding felony crimes may be placed in the care of the state of Texas. Different facilities operated by the state may house your child for certain lengths of time. Once that length of time is complete your child can be placed on parole. At most, a 19-year-old may serve time in juvenile facilities.
Deferring prosecution to a later date
In a juvenile justice case, there are four main parties. Those parties are your child, you and your co-parent, the court, and the prosecutors. Under deferred prosecution, a supervision of your child can be agreed to. This supervision can last for six months and be extended for an additional six months upon recommendation of the court. If your child violates any portion of their supervision. Then your child may be placed on adjudicated probation. Therefore, following court orders is especially important and critical to the success of your child’s case.
Adjudicated probation exists as a kind of court-ordered supervision. Your child’s court will create conditions and a length of time for the probation to occur. You can expect that this supervision will last for one year. A probation officer who works with juveniles will make visits to your child’s home and school. Additional services such as counseling, substance abuse rehabilitation, and mental health treatment are made available.
It is not out of the question that your child may be sent to a treatment facility in your area. These are residential facilities where your child can live and undergo therapy if necessary. Depending upon your child’s specific circumstances he may be required to complete probation through the adult process. Depending upon the exact situation involving your child he may be supervised by a juvenile probation officer until he turns 19 years of age.
Are criminal defense attorneys provided to juveniles?
The state of Texas has laws in place that hold that a defendant in a criminal case is entitled to representation. This is true even if a party is indigent and cannot afford to pay for a private attorney. At a minimum, in any preceding where jail time as possible the court shall appoint an attorney to represent you or your loved one. A court-appointed attorney is provided in any situation where the judge determines that it is necessary.
However, bear in mind that a court will not appoint an attorney to represent you or a loved 1 when it comes to any charge that is a Class C misdemeanor. Once a petition is filed the court must determine whether you or your child’s family is indigent. If your family is found to be indigent, then the court must appoint an attorney to represent your child. When juvenile cases that appointment must occur no matter if it is a felony or misdemeanor charge. An indigency finding may be appropriate for no other reason than your child has been placed in the custody of the Department of Family and Protective Services.
When can your child be placed in a juvenile detention center?
If your child is in the custody of the state, then he or she may be detained in a county juvenile detention center. This occurs even before your child ever goes to court. It is possible that after being picked up for suspicion of a crime police may place your child into a juvenile detention center temporarily. This detention can occur until a court is available to hold a hearing. In this period, charges may be dropped against your child. Or, the state may decide to not file any charges at all. Or, your child may be released from detention but will be ordered to return for a court hearing.
Family involvement
The juvenile courts encourage families to be involved in every step of their child’s case. The more your family is involved the better outcomes exist for your child. Rehabilitating juveniles is the purpose of the juvenile court system. Family involvement is a major part of that process. From the moment a child first interacts with the juvenile court until parole, families are encouraged to remain a steady part of the case.
Making sustained changes is the focus of a juvenile justice case. With the support of family, those changes are much more sustainable. Juvenile court judges will offer encouragement and a plan for families to undertake together. A more positive outlook with growth opportunities is a major component of the juvenile court process. That growth may be seen in completing a high school education. Or it may be that your child needs to develop better skills to regulate their emotions. Keeping your child alright focused on their career also helps to alleviate other burdens in their life.
When a child goes through the juvenile justice system something is wrong in the life of the child. There may be a host of factors involved. The juvenile justice system invites families to work with them to identify those problem areas in hopes of making concerted improvements. If you have questions about these subjects, please do not hesitate to contact the Law Office of Bryan Fagan. We have the skills and experience you need to guide your family through the toughest of times.
Privacy during a juvenile case
The state of Texas seeks to keep the records of juvenile court cases private. This includes what those records contain, who may see them as well as ensuring that they become sealed. For the most part, any person who goes through a juvenile justice case will have the record of their case sealed upon turning age 19. Any documentation filed as a part of your child’s case may be a part of their record. Information regarding minor children other than your child is not included in your child’s case file.
What is included in your child’s record is identifying information such as their home address in birthday. Police report and other charging documents are typically included. District Court documents and updates regarding your child’s case are included in the record. Your child’s treatment history as well as school report cards are maintained in the record, as well.
Helping to ensure that your child’s record is sealed is one role for an experienced attorney to have in your child’s case. Although most records are sealed at age 19 you may be able to have your child’s record sealed even sooner. Once your child is arrested you need to be able to contact an attorney you can trust. The Law Office of Bryan Fagan has the experience you need to help guide your family during this difficult time. Contact us today for a free of charge consultation.
Diversion Programs
In Texas, diversion programs seek to help provide your child with services and supervision within their community. This is as opposed to having your child leave your home to live in state-funded housing. Typically, probation services provide the supervision and rehabilitation that is geared towards helping your child. These probation services maintain offices across the state of Texas. You and your family may work with them to provide your child the help he needs to regain a foothold in society.
Diversion programs may differ depending on the type of crime your child has been accused of. For instance, if your child has been accused of a crime against a family member then a particular diversion program may help not only your child but your family. Therapy and case management Part two of the goals of this type of diversion program. Family-based diversion programs seek to help your family maintain cohesiveness even during a difficult time.
Whatever diversion program is implemented in your child’s case will be focused on their needs. Ideally, your child’s involvement in the court system will be minimized. This is due to the success of the diversion program and its ability to help manage your child’s behavior while providing structure and guidance. If you or your child have questions about diversion programs within the juvenile justice system, please reach out to the Law Office of Bryan Fagan.
Judicial Discretion
When your child does find himself inside the courtroom, be aware that judges will exercise their judgment in hopes of helping your child and protecting others. A judge in a juvenile court must balance two main objectives. The first objective is to help keep the community safe. If your child has been accused of a crime this is a serious matter. Judges determine a proper course of action based on evidence presented to them. Depending upon the nature of the crime as well as your child’s ability to respond to treatment he may have great success within the juvenile justice system.
However, a judge must also make decisions based on the best interests of your child. The juvenile justice system is different than the adult criminal justice system. A much greater emphasis is placed on rehabilitation and avoidance of serious harm to the offender in a juvenile system. While accountability is important in the juvenile justice system it must be balanced against goals related to rehabilitation. Judges are aware of this balancing act and seek to be professional in their decision-making.
Focus on preventing future delinquency.
The juvenile justice system wants your child to be a single-case offender. Instead of the risk that your child may offend in the future, the juvenile justice system exists to provide your child with the resources to change their life. Counseling and therapy are commonly ordered through the juvenile justice system. Even a young person may have an addiction to alcohol or drugs which increases their likelihood of offending. Removing the threat of addiction, or at least diminishing it, can greatly help your child avoid problems in the future.
If your child was placed on probation, then he will have certain requirements to remain out of court. There may be some type of community service or therapy that must be attended to. Proof of attendance as well as evidence of progress within these courses must be shown to the court. Your child must be able to attend what is required of him to avoid becoming a resident of the state of Texas. A juvenile probation officer plays a major role in assisting your child. Your role as a parent is also critical to the success of your child in avoiding future issues with the legal system.
Most juvenile attorneys and judges are aware that a relatively small number of people commit relatively large numbers of crimes. For every 100 crimes committed, there are not 100 offenders. Usually, in each community, the number of offenders is relatively small compared to the number of crimes committed. This means a playful system has many reasons to try and eliminate repeat offender status. If your child can be counseled into being a non repeat offender that is best for him and his community.
Increased flexibility and support for juveniles
In summation, juvenile courts aim to provide your child with the tools he needs to find success in avoiding future incidents. It is intimidating to find that your child has been accused or charged with a crime. However, that does not mean your child is without options. The juvenile justice system seeks to provide your child with more options than an adult would be able to take advantage of.
Learning about the different options and then holding your child accountable are the other keys to this conversation. Many children suffer from a lack of guidance when it comes to their daily life. An attorney with the Law Office of Bryan Fagan knows how to present options and create solutions for minor offenders. We work within the juvenile justice system every day on behalf of Texas children and their families. These families have come to rely on our office for guidance and expertise in this sensitive area.
Thank you for joining us today here on our blog. The attorneys with the Law Office of Bryan Fagan provide blog content every day of the week so that you can gain a better understanding of your area of concern. Whether it be family law, juvenile justice, or estate planning our attorneys have your back. We have attorneys who focus on specific areas of the law to best guide you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
