Texas Criminal Attorneys Explain Transferring Juvenile Cases to Adult Court

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1 Texas Criminal Attorneys Explain Transferring Juvenile Cases to Adult Court

Texas Criminal Attorneys Explain Transferring Juvenile Cases to Adult Court

When someone under 18 years old commits a crime in Texas, their case usually starts out in juvenile court. But in some situations, the case can get transferred to adult criminal court. This is known as “certifying” a juvenile as an adult. It’s a big deal because it means the teen could face serious adult consequences like prison time.

As a parent, getting the news that your child’s case might be transferred to adult court can be really scary. You probably have a ton of questions about how it works and what it means for your kid. Well, we asked some Texas criminal defense attorneys to break it all down for us – read on for the inside scoop!

How Juvenile Certification Works in Texas

There’s a two-part process judges use to decide whether to transfer a juvenile case to adult court, according to criminal defense attorney [John Doe]:

First, they evaluate the case against Texas criminal law to see if the alleged crime is serious enough to qualify for transfer.
Next, they look at the circumstances of the case and the juvenile’s background to determine if adult court is appropriate.

[John] explains that judges can only transfer cases if:

The crime is a felony
The child was at least 14 years old at the time (or 15 for most felonies)
There hasn’t already been an adjudication hearing

Once a case gets transferred to adult court, it stays there – the adult court can’t send it back to juvenile court. [1]

How Lawyers Fight Juvenile Transfers

Defense attorneys have strategies to try and convince the judge not to transfer a juvenile case to adult court, according to criminal lawyer [Jane Doe]:

Highlight positive aspects of the teen’s background and lack of criminal record.
Present mitigating evidence like disabilities or mental health issues.
Emphasize that adult court should be a last resort.

The prosecutor will argue the opposite side – that adult court is appropriate. It’s a tough process but a good lawyer can often make the difference. [2]

Consequences of Juvenile Certification

If certified as an adult, the teen loses the rehabilitation-focused protections of juvenile court. They face the same sentencing as adults, with a few exceptions: [3]

No death penalty or mandatory life without parole.
Adult criminal record – harder to seal than juvenile record.

The adult system is much harsher, with fewer resources focused on helping young offenders get back on track. Critics say certification should be an absolute last resort. [4]

Trying Juveniles as Adults – Controversies and Concerns

While every case is different, there are some big controversies surrounding trying juveniles as adults:

Texas transfers more juveniles than most states – some say too freely. [5]
Minors used to get an automatic appeal of transfer, but that right was removed in 1995.
Adult system exposes juveniles to harm and trauma.
Teens’ brains are still developing – adult culpability is questionable.

Defense lawyers caution that adult court should be an absolute last resort for juveniles in Texas. While it’s sometimes necessary, the adult system often fails young offenders. With creative defense strategies, many teens can still be rehabilitated in the juvenile system. [6]

The transfer process is complex, but consulting an experienced criminal defense attorney can make all the difference for your child. Don’t go through it alone!