Texas Criminal Attorneys Explain Juvenile Offender Representation

Texas Criminal Attorneys Explain Juvenile Offender Representation

If your child has been arrested or accused of a crime in Texas, it’s important to understand how the juvenile justice system works. As a parent, it can be scary and confusing when your child gets in trouble with the law. That’s why we asked some experienced Texas criminal defense attorneys to explain juvenile offender representation and answer common questions parents have.

Does My Child Need a Lawyer?

Yes! If your child has been taken into custody or charged with an offense, they must have a lawyer representing them in juvenile court. This is required by Texas law (Section 51.101 of the Juvenile Justice Code). It doesn’t matter if you plan to hire a private attorney or have one appointed by the court – your child cannot represent themselves or be represented by a parent in juvenile proceedings.

An experienced juvenile defense attorney is critical for protecting your child’s rights and future. The juvenile justice system has complex rules and procedures that lawyers understand. Parents often don’t realize how high the stakes can be even for minor offenses. A conviction can follow a youth for life.

When Will My Child Need an Attorney?

Very quickly! If your child is detained (held in a juvenile detention facility), Texas law says there must be a detention hearing within 2 working days. Before this first hearing, you and your child must be informed of their right to legal counsel (Section 54.01).

So ideally, your child should have a lawyer within 2 working days of being detained. If there wasn’t time to get an attorney before the initial hearing, one will be appointed immediately if your child is detained after the hearing.

If your child is released after being taken into custody, prosecutors have 5 working days to file a petition (formal charges) against them. Your child must have legal representation within 5 working days of being charged.

What if I Can’t Afford an Attorney?

Don’t worry, the court will appoint a lawyer for your child if you can’t afford one. Before the first detention hearing, the court will determine if your child is “indigent” – meaning you don’t have enough income to pay for a lawyer.

To decide this, the judge may ask you questions about your financial situation or review statements made to probation/intake officers. They look at factors like your income, assets, and ability to pay legal fees. Some counties may require you to reimburse them for certain costs if you are able to.

Can I Choose My Child’s Court-Appointed Attorney?

You can request a different court-appointed lawyer if you don’t like the one assigned to your child’s case. Be prepared to explain your reasons to the judge. However, there is no guarantee the judge will appoint someone new – it depends on the circumstances.

Of course, you can always hire a private juvenile defense attorney of your choosing to replace a court-appointed one.

Why Choose an Experienced Juvenile Lawyer?

Juvenile law is very specialized – it involves both civil and criminal laws and procedures. An experienced attorney who regularly handles juvenile cases will understand how to navigate the system and advocate for your child.

They will know all the options available to fight the charges, minimize penalties, and reduce long-term impacts of a conviction. For example, they can advise you on when records can be sealed/expunged.

What Kinds of Consequences Do Juveniles Face?

There are a range of punishments the court can impose if your child is convicted:

• Counseling/referrals to social services
• Deferred prosecution (probation to avoid charges)
• Detention in a youth facility
• Imprisonment in adult facilities in some cases

The penalties depend on your child’s age, charges, and criminal history. While the goal is rehabilitation rather than strictly punishment, a juvenile conviction can still have lifelong impacts.

Can Juveniles be Charged as Adults?

Yes, in certain circumstances in Texas:

• Youth 17 and older can face adult charges for felonies
• Youth as young as 14 can be charged as adults for serious crimes
• Once convicted as an adult, a child stays in the adult system

That’s why having an attorney who understands the adult system as well is so important if your teen is facing the possibility of being tried as an adult.

What if My Child Was Arrested at School?

Don’t panic, but call a lawyer immediately. Whether your child is sent to juvenile detention or not depends on factors like their age, charges, and criminal background. An attorney can help you understand what will happen next and protect your child’s rights.

Do Minors Have a Right to an Attorney?

Yes, absolutely! In Texas, minors have the right to have their parent and/or attorney present for police questioning. But police are not required to wait until you or a lawyer arrives to question your child.

The Takeaway

Having an experienced juvenile defense lawyer is crucial anytime a child is facing criminal charges. Don’t let your child go through the Texas juvenile justice system alone. With so much on the line, legal representation is vital.

At our firm, we have attorneys like [lawyer name] who are Board Certified in Juvenile Law and have successfully handled hundreds of complex juvenile cases. Call us today for a free consultation if your child has been arrested or charged with an offense.

References

[1] The Right to a Juvenile Attorney in Texas: What Parents Need to Know

[2] Houston Juvenille Defense Attorney | Lawyer for Minors – The Law Offices of Ned Barnett

[3] Texas Juvenile Crimes – Paul Kubosh, Attorney at Law

[4] Texas Juvenile Defense Attorney | Whalen Law Office

[5] Juvenile Crimes Lawyer | Attorney Scott M. Brown & Associates in League City, Angleton & Pearland, TX

[6] Fort Worth Juvenile Crime Attorney | Alband, Lane & Balderama