Understanding How Teenage Criminals Are Treated Under Texas Criminal Law
The arrest of a teenager is an overwhelming experience for both the young person and their parents. When your child is taken into custody, it’s natural to have concerns about what will happen next and whether their age will affect how they are treated within the justice system.
How Will Your Child’s Future Be Impacted by an Arrest?
When faced with an arrest, it’s crucial to understand the Texas juvenile criminal law and ensure your child is represented by a skilled juvenile defense attorney. The future of your child could be
significantly affected by how their case is handled, making legal representation essential.
Juvenile Crime and Arrest Statistics in Texas
According to the Texas Juvenile Justice Department (TJJD), over 50,000 youths are arrested in Texas each year. These cases are typically managed by local county juvenile justice systems, but in more severe cases, juvenile offenders may be committed to the TJJD.
In 2007, Texas introduced measures to reduce the number of juveniles referred to the TJJD, restricting referrals to those involving felony-level offenses.
The Goal of the Juvenile Justice System
The Texas Juvenile Justice Code outlines that the juvenile system serves two main purposes: protecting the public and providing training, treatment, and rehabilitation for youth offenders. It also stresses the importance of responsibility and accountability for both the child and their parents.
Although the TJJD reports a decrease in juvenile system admissions in recent years, any instance where a youth enters the system is cause for concern. National statistics suggest that youth involved in the criminal justice system are more likely to re-offend, struggle to complete their education, and may face lower income prospects in the future. This potential impact understandably causes anxiety for parents when their child is arrested.
Who Is Considered a Juvenile in Texas?
In Texas, anyone aged 17 or younger is considered a juvenile and their case may be heard in juvenile court. Texas has separate courts, judges, and detention facilities specifically for juveniles. Additionally, all records related to juvenile cases are sealed, ensuring no public access to these files. The only exception is that schools are notified of a student’s arrest to ensure they are not mistakenly marked as truant.
Can Juveniles Be Charged as Adults?
In severe cases, juveniles in Texas may be charged as adults, typically for felony crimes of a violent nature. The decision to try a juvenile as an adult rests with the prosecutor. If a juvenile is certified as an adult, they may serve time in an adult facility and face life sentences, with the possibility of parole. However, they cannot be sentenced to the death penalty or a life sentence without the possibility of parole.
The process of certifying a juvenile as an adult involves careful consideration of various factors, including the juvenile’s maturity, prior history, and the severity of the alleged offense.
Juvenile Criminal Sentencing
As a parent, you might wonder how your child’s sentencing will differ from that of an adult and whether they have the same legal rights. Sentencing for juveniles often depends on the seriousness of the crime and the youth’s prior criminal history. Penalties can range from community service and mandatory counseling to restitution.
Juveniles may also receive “deferred adjudication,” a form of probation lasting about six months, or they may be sentenced to time in a juvenile detention center.
Juvenile Probation Rules and Regulations
If a juvenile is sentenced to probation, they might serve it at home or in another program, such as a foster home. Probation can last until the juvenile turns 18, and most juveniles on probation will also be required to complete community service.
The Importance of Hiring a Juvenile Defense Attorney
If your child has been charged with a crime, securing the services of an experienced juvenile defense attorney is crucial. A knowledgeable lawyer will not only represent your child in court but also help you navigate the juvenile justice system and understand the potential outcomes of your case.
For expert legal representation, contact the Law Office of Bryan Fagan today to schedule a confidential consultation. We are here to help you and your child through this challenging time.
