Juvenile Criminal Defense

ARE JUVENILES TREATED DIFFERENTLY?

The juvenile justice system deals with children who commit crimes or status violations. Status violations are those actions that are only offenses when committed by individuals below a certain age, such as truancy. There are significant differences in the procedures used to process juvenile and adult offenders. For example, juvenile offenses are treated as a civil, rather than criminal, matter and the law governing the treatment of juveniles is found in the Juvenile Justice Code portion of the Family Code. In contrast to the adult system, which is focused almost exclusively on punishment, the juvenile system is supposed to be focused on mandating the course of action that is in the best interests of the child. However, exposure to the juvenile system can have long lasting negative consequences. Despite the procedural differences and the considerable discretion associated with juvenile proceedings, juveniles have many of the rights and protections provided defendants in adult criminal proceedings. You should be guided by an attorney that knows how to navigate this system to take full advantage of these rights.

Each county has a juvenile board which consists of county judges, district judges, and judges of any statutory courts designated as a juvenile court. The juvenile court has exclusive original jurisdiction over proceedings under the Juvenile Justice Code involving children between the ages of 10 and 17, and children who are between 17 and under 18 who committed offenses before becoming 17. Venue is in the county in which the child resides or the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred.

WHAT CAN HAPPEN IF MY CHILD IS TAKEN INTO CUSTODY?

A law enforcement officer who takes a child into custody may dispose of the case without referral to juvenile court. The law enforcement agency has guidelines that authorize such a disposition that are approved by that county’s juvenile board and the officer makes a written report to their law enforcement agency.

If the case or child is referred to juvenile court, an intake officer is required to conduct a preliminary investigation to determine whether the person referred to juvenile court is in fact a child under the Juvenile Justice Code and that there is probable cause to believe the person engaged in delinquent conduct or conduct indicating a need for supervision. If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released.

Each county is required to provide a suitable place of detention for children, separated by sight and sound from any adults detained in the same building. If the child is not released a detention hearing must be held within two working days or the next working day if the child is detained on a Friday or Saturday.

The juvenile court must release the child from detention unless it finds that:

• the child is likely to abscond or be removed from the jurisdiction of the court;
• suitable supervision, care, or protection for the child is not being provided;
• the child has no responsible person able to return him/her to the court when required;
• the child may be dangerous to himself/herself or may be a threat to public safety; or
• the child has previously been found to be a delinquent child or has previously been convicted of a penal offense
• punishable by a term in jail or prison and is likely to commit an offense if released.

One possible outcome at this stage is deferred prosecution. In this case, no formal proceeding will take place but the child will be under the supervision of the court for a period of time not to exceed six months. Deferred prosecution is available if the court finds it is 1) in the best interest of the child, 2) the child and family or guardian consents, and 3) they are informed that they may terminate the deferred prosecution and petition the court for a hearing on the case.

The case may, however, proceed to the next level—a petition to adjudicate filed by the prosecuting attorney. At this stage the child is entitled to a trial where the allegations must be proven beyond a reasonable doubt. Trial shall be by jury unless waived by the child and the attorney. In juvenile court the “verdict” would be a finding that the child either did or did not engage in delinquent conduct or conduct indicating a need for supervision. If there is a finding of such conduct, the court proceeds to a disposition hearing.

POSSIBLE DISPOSITIONS

Two findings are required at this stage: whether the child is in need of rehabilitation or whether a formal disposition is required for the protection of the public or the child. Without these findings the court may enter a judgment with no disposition. Otherwise the court has a variety of options for disposition:

At the disposition hearing, if the judge or jury does not find that the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made, the court shall dismiss the child and enter a final judgment without any disposition. If the judge or jury finds that the child is in need of rehabilitation or the protection of the public or the child requires that one of the following dispositions be made:

• In-home probation or community supervision includes conditions set by the court such as not violations of the law, use or possession of intoxicating substances, curfew, drug testing, and/or regular visits to a probation officer.
• Probation outside of the home at a treatment facility, “boot camp” or other program. The child then may return home upon completion.
  
• Commission to the Texas Youth Commission (TYC) for an undetermined period of time.
• Commission to TYC for a period of time that may include transfer to adult prison for a determined term of confinement not to exceed 1) 40 years for a capital or first degree felony or aggravated controlled substance felony; 2) 20 years for a second degree felony; or 3) 10 years for a third degree felony.
  

TRANSFER TO ADULT COURT

In very serious cases the prosecuting attorney may petition the court to waive its jurisdiction and transfer the child to an appropriate adult court for criminal proceedings under the Code of Criminal Procedure. The child is then dealt with as an adult except no person may be punished by death for an offense committed before age 17.

An appeal from an order of a juvenile court is to a court of appeals. Unlike adult criminal appeals which may be carried to the Texas Court of Criminal Appeals further juvenile appeals are made to the Texas Supreme Court.

Exposing children to the criminal justice system has permanent life-changing ramifications. If you are the parent of a child facing criminal charges contact us so that we can eliminate or at least minimize the exposure to this potentially harmful system. As with all other criminal matters it is best to contact us as early in the process as possible. Some things once done cannot be undone. The legal professionals at the Law offices or Roderick C. White will make sure that everything is done right from the beginning.