What you need to know if your child is charged with a crime in Texas
In Texas, offenses committed by individuals a person who is 10 years or older but under 17 are handled through the juvenile justice system. (In some cases, a person who is at least 17 but not yet 18 can be prosecuted through the juvenile justice system if they are alleged to have engaged in delinquent conduct or conduct indicating the need for supervision as a result of acts that occurred before they turned 17.)
The juvenile justice system does not handle these offenses as “crimes” in the general sense. Even though most juvenile cases are based upon a juvenile’s commission of a criminal offense, the offenses are handled under provisions in the Family Code, not provisions in the Code of Criminal Procedure. As a result, the proceedings and the applicable laws are different.
The juvenile system handles two types of conduct:
Delinquent conduct is conduct, other than a traffic offense, that violates a criminal law of Texas or of the United States and is punishable by imprisonment or by confinement in jail. Family Code Section 51.03(a)(1). This includes Class A misdemeanors, Class B misdemeanors, and felony offenses.
Conduct Indicating a Need for Supervision (CINS) is conduct, other than a traffic offense, involving fine-only offenses such as truancy, running away, inhalant abuse, expulsion from school or violation of a “child at-risk” court order, prostitution and sexting. Family Code Section 51.03(b).
The Juvenile Justice Process
A juvenile may be taken into custody by a law enforcement agency if the officer has probable cause to believe that an offense has occurred. Family Code Section 52.01(a)
Probable cause exists when law enforcement has reasonably trustworthy information sufficient to cause a reasonable person to believe that a particular suspect has committed or is committing a crime.
Note that this is not an arrest. Based on Family Code 52.01(b) even if a juvenile is taken into custody, they can truthfully state that they have never been arrested.
Arrival at the Juvenile Processing Office
Once a juvenile is taken into custody, the law enforcement officer will take the juvenile to a juvenile processing office.
The juvenile may be held there for up to six hours. Family Code Section 52.025(d)
The juvenile may be held there for:
- Return to the parent
- Completion of essential forms and records
- Fingerprints and photographs if authorized by the Juvenile Court
- Issuing a warning to the child; or
- Taking a statement from the child.
In Tarrant County, most juveniles are taken to the Juvenile Justice Center or “Kimbo” which is located at 2701 Kimbo Rd, Fort Worth, TX 76111. A parent has the right to communicate in person privately with the child for a reasonable period of time.
The Detention Hearing
If the juvenile is not released from detention or if release is not an option because a firearm was used or exhibited during the commission of the alleged offense, the court must have a detention hearing “promptly” but no less than the second working day after the child is taken into custody.
The juvenile must be represented by an attorney at the detention hearing. If the juvenile is taken into custody on a Friday or Saturday, the detention hearing must be on the first working day after the child is taken into custody. Family Code Section 54.01.
At the Detention Hearing, the judge will make a determination of whether the juvenile should be released or not. Notice there is no way to obtain a bond to secure a juvenile’s release from custody.
If the judge determines the juvenile will not be released, another Detention Hearing must occur within 10 days. While many criminal law provisions do not apply to juvenile cases, the juvenile does have a right to remain silent.
During the detention hearing, the judge will be most interested in the following factors in determining if the juvenile should be released:
- Likelihood of absconding
- Level of supervision
- Whether a parent or guarding is available to return the juvenile to court
- Whether the juvenile is a danger to himself or others or if the juveniles presents a risk to public safety
- Whether the juvenile was previously adjudicated for delinquent conduct
- Whether the juvenile is likely to commit an offense if released.
A juvenile prosecutor may file a petition in the juvenile court formally charging the juvenile. This is generally a charge alleging the juvenile engaged in delinquent conduct, but it could also be an allegation that the juvenile engaged in conduct indicting a need for supervision.
A summons is the means by which the family is given notice that charges have been filed and the case is to proceed in juvenile court. The summons informs the court when the child must appear in court.
Determine and Indeterminate Sentencing
The prosecuting attorney will determine whether to file a petition for a determinate sentence or an indeterminate sentence.
If the prosecuting attorney is seeking a determinate sentence, the prosecutor must obtain grand jury approval for the determinate sentence.
Family Code Section 53.045(a) provides a list of criminal offenses, including habitual felony conduct, for which a juvenile may receive a determinate sentence.
These offenses include:
i. Murder (§19.02, P.C.);
ii. Capital Murder (§19.03, P.C.);
iii. Manslaughter (§19.04, P.C.);
iv. Aggravated Kidnapping (§20.04, P.C.);
v. Sexual Assault (§22.011, P.C.);
vi. Aggravated Sexual Assault (§22.021, P.C.);
vii. Aggravated Assault (§22.02, P.C.);
viii. Aggravated Robbery (§29.03, P.C.);
ix. Injury to a Child, Elderly or Disabled Individual (§22.04, P.C.) (if the offense is punishable as a felony, other than a state jail felony);
x. Felony Deadly Conduct (§22.05(b), P.C.) (by discharging a firearm);
xi. First Degree or Aggravated Controlled Substances Felony (Ch. 481, Health and Safety Code);
xii. Criminal Solicitation (§15.03, P.C.);
xiii. Indecency with a Child (§21.11(a)(1), P.C.);
xiv. Criminal Solicitation of a Minor (§15.031, P.C.);
xv. Criminal Attempt (§15.01, P.C.) (if the offense attempted was murder, capital murder or an offense listed under §3g(a)(1), Art. 42.12, C.C.P.);
xvi. Arson (§28.02, P.C.) (if bodily injury or death occurs); or
xvii. Intoxication Manslaughter (§49.08, P.C.).
The Adjudication Hearing (Trial)
A juvenile has a right to a jury at the adjudication hearing, and must affirmatively waive that right in order to proceed before the judge. The judge explains the allegations to the juvenile, the consequences of the proceedings, and the juvenile’s legal rights. The juvenile will enter a plea of “true” or “not true” to the allegations. The Rules of Evidence do apply to this proceeding.
The State’s burden is to prove beyond a reasonable doubt that the juvenile has engaged I the alleged conduct. If the State cannot prove their case beyond a reasonable doubt, the court must dismiss the charge.
An order for adjudication is the juvenile system is generally not considered a conviction. However, an adjudication for a felony offense that took place after January 1, 1996 that resulted in commitment to TYC or TJJD is a felony conviction for the purposes of enhancement in an adult court.
The Disposition Hearing (Sentencing)
The disposition or sentencing hearing is separate from the adjudication hearing.
The sentence may be determinate or indeterminate
There is no right to have a jury for indeterminate sentence cases.
The juvenile does have a right to a jury in determite sentencing cases.
Certifying a Juvenile as an Adult
The juvenile court may relinquish its original jurisdiction over a juvenile, and have the javelin tried as an adult in the criminal justice system if:
- The juvenile was 14 or older at the time of the offense and there is probable cause to believe the offender committed a capital felony, an aggravated controlled substance felony or a first-degree felony;
- The juvenile was 15 or older at the time of the offense and there is probable cause to believe the offender committed a second degree, third degree, or state jail felony; or
- The alleged offender is now 18 or older and is being charged with a murder or capital murder that was committed while the alleged offender was a juvenile.
It is unusual for juvenile courts to certify juveniles as adults. The court will consider:
Whether the offense was against a person or property;
- the sophistication and maturity of the child;
- the previous record of the child;
- the continuing danger the child poses to the public; and
- the likelihood of the child’s rehabilitation with the resources available to the juvenile court.
THE ROLE OF PARENTS IN THE JUVENILE JUSTICE SYSTEM
Parents have rights as well as responsibilities in the juvenile justice system.
Rights of Parents:
Pursuant to Family Code Section 61.102(a) parent is entitled to the following information “as soon as practicable” after a child is referred to the juvenile justice system:
- the date and time of the offense;
- the date and time the child was taken into custody;
- the name of the offense and its penal category;
- the type of weapon, if any, that was used;
- the type of property taken or damaged and the extent of damage, if any;
- the physical injuries, if any, to the victim of the offense;
- whether the offense was gang-related;
- whether the offense involved consumption of alcohol or the use of an illegal controlled substance;
- if the child was taken into custody with adults or other juveniles, the names of those persons;
- the aspects of the juvenile court process that apply to the child;
- if the child is in detention, the visitation policy of the detention facility that applies to the child;
- the child’s right to be represented by an attorney and the local standards and procedures for determining whether the parent qualifies for a court appointed attorney to represent the child; and
- the methods by which the parent can assist the child with the legal process.
Responsibilities of Parents:
Juvenile courts may order parents to pay a variety of fees, court costs, and restitution.
If your child has been charged as a juvenile, it is important to seek counsel from attorneys who have experience handling juvenile proceedings. Our attorneys handle only handle a select number of juvenile cases each year. For instance, we have handled cases involving juveniles charged with murder and sexual assault. If you are interested in finding out if our attorneys would handle your case, give us a call at (817) 203-2220.