Flashcards. In that case, he or she enters a stipulation, or equivalent guilty plea. As your child’s defense attorney, I can fight for options that avoid your child needing to go to court after a juvenile arrest or criminal accusation. The Texas Legislature approved "determinate sentencing" for juvenile offenders in 1987 as an alternative approach to lowering the age at which a juvenile may be certified to stand trial as an adult. But when juveniles break one of those laws, their cases may be handled differently than those of an adult. 495, Sec. If the juvenile is under 12 years old, police can only hold he or she for 6 hours. They will determine if the case will go to court or if it can be resolved using an informal method. Detained Minors: Probation has the same options as with non-detained minors. Your child may invoke the right to silence and counsel before making a statement to the police. PLAY. If the magistrate believes that a child understands this warning and the child chooses to talk with the police, the magistrate can give the police permission to continue with a planned interrogation. For felony offenses, a youth 14 or older can be "certified" to stand trial in the adult criminal courts. If your child is arrested for a juvenile offense in Harris County or Houston, Texas, contact an experienced attorney immediately. If the child is a chronic offender or commits a serious offense, he or she may be tried as an adult in Texas. But there are still options to work out, with the ultimate goal being to preserve all options for your child’s future, and avoid having him or her tarred with a criminal conviction. Options like deferred prosecution or counseling allow your child’s case to be settled without going through the juvenile court process. The juvenile defense attorney develops the legal strategy based on the ins and outs of practice in the jurisdiction. When your child is facing the consequences and punishments of a criminal offense in the Houston area, it’s important to reach out to an experienced criminal defense attorney. An experienced juvenile defense attorney will do more than simply present your child to the judge. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Let’s review some of the juvenile offenses and punishments: If the child is charged with possession of marijuana, the punishment depends on the amount of marijuana he or she possessed and if the offense included aggravating factors, such as possessing marijuana in a drug-free school zone. The Law Office of Matthew D. Sharp knows it’s important to build a thoughtful, comprehensive case for your son or daughter as soon as possible. A good first step in the process is to speak with a criminal defense attorney who can review the facts of … Sept. 1, 1991. This is a free matching service only, claim reviews will be performed by a third party attorney. Common punishments include community service and probation. Holding Logs. Contact Mr. Sharp to schedule a free initial case review. The juvenile's age determines how long police can hold his or her under arrest. The Law Office of Matthew D. Sharp has experience in representing children charged with a range of juvenile offenses in Houston and throughout Texas. Write. That mistake might be impulsive or aggressive behavior, or it might be as innocuous as being with the wrong crowd at the wrong time. For other serious offenders, the Determinate Sentencing Law allows a juvenile to be confined up to 40 years, first in a Texas Juvenile Justice Division facility, followed by an optional court transfer to prison. This is not a law firm or referral service and does not provide legal advice. The ultimate decision is with the judge. Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail. Having an experienced juvenile defense attorney on your side can allow you to focus on the things you do best, supporting your child during this difficult time. There are some scenarios in which a child defendant is certified as an adult according to Texas law. However, the purpose of punishment is to instruct the child and promote a change in behavior. The process is in place to determine if the young person meets the legal definition of child in Texas and if probable cause exists that the child committed a crime. After a juvenile is arrested, a detention hearing typically takes place within the next 48 hours. A police officer may arrest/detain a juvenile for either a felony or misdemeanor offense. CONTACT THE LAW OFFICE OF MATTHEW D. SHARP TODAY FOR AGGRESSIVE JUVENILE DEFENSE. If there is no suitable supervision outside of detention. If the child is detained a judge must hold a detention hearing within 48 hours. The child defendant faces a two-part hearing at trial. In most cases, the child can’t be certified as an adult if the offense was committed before he or she turned 15 years of age. Original log forms will remain in the log book. STUDY. Criminal statutes apply to both adults and juveniles. According to the Texas Family Code Section 54.01(a), a detention hearing is required to be held within two business days after a juvenile has been detained. He can even arrest upon reasonable cause to believe the minor a truant. There are instances where law enforcement will hold an individual and deny them permission to leave, but at the same time, state that they are not in official police custody. Texas is known for taking a tough stance when it comes to dealing with juveniles as adults in the justice system. A child’s arrest is a devastating experience for many parents. A room or office designated by local juvenile; board (can have more than one) Where a juvenile can be temporarily detained; while an officer: < Releases a child to a parent/guardian < Completes paperwork < Photographs or fingerprints the child < Has a magistrate issue warnings or Don’t allow your son or daughter to discuss the matter with a law enforcement officer until you contact defense counsel. During the intake process, the juvenile probation department also decides if the child will be held prior to trial. (d) A child may not be detained in a juvenile processing office for longer than six hours. Getting To Know The Hours A Police Can Legally Detain Someone. This time does not … Juvenile holding logs are located in a separate juvenile detention log book. Brett Coomer/Houston Chronicle. Additionally, if school staff chooses to speak to a juvenile not in custody, they are not required to inform you of their intentions to speak with your child. Texas Family Code Section 52.01 speaks about custody and the alternative Issuances of a Warning Notice. Additional punishment and consequences are dependent on the child’s individual case circumstances. Texas Family Code and Juvenile Issues. To stop and detain you, police must have reasonable suspicion that you have been involved in a criminal act. Match. ˜ Caselaw Update; 32nd Annual Advanced Criminal Law Course, Sponsored by The State Bar of Texas, Dallas, Texas, July, 2006. A juvenile is an individual between the ages of 10 to 17 in Texas. Knowing what your child can expect in the Texas system of Juvenile Justice is the first step toward understanding the problem, and figuring out the best solution. To make a true determination, the jury’s verdict must be unanimous. (4) a description of the conduct for which the juvenile was committed to the Texas Juvenile Justice Department or detained in the secure detention or correctional facility, including the level and degree of the alleged offense. After the child completes the sentence, his or her records are harder to access. Although the preference is always to send a minor child home with parents, any of the following could be reason to hold them. Depending on the circumstances, when a child is arrested, they are read their rights and may be handcuffed like any adult law violator. A juvenile court can set an indeterminate or determinate sentence. He can release him with a mere warning or release him and refer him to … If a child faces other juvenile drug charges, multiple factors determine the consequences of conviction. When the juvenile is released, a copy of the log is sent to records and filed with the case … He has experience in representing young persons charged with criminal offenses, such as: If your child is charged with a criminal offense, you must seek the assistance of a criminal defense lawyer who’s experienced with the juvenile court system in greater Houston, Texas. In contrast, the adult justice system focuses on the offender’s punishment. An experienced juvenile defense lawyer does everything possible to ensure that the child is tried in the Texas juvenile justice system—not when certified as an adult. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright © 2021 Get Lawyer Leads, Inc. There’s much less interest in rehabilitating and educating the convicted adult. Test. For some, this may mean spending the night in a police cell, which can be a worrying, frightening and intimidating experience (Quinn and … If you or someone you love has been arrested for a juvenile justice offense, you'll want to understand if the laws regarding Miranda warnings for minors was followed. This means the individual stands trial as an adult defendant and is subject to adult punishments. When your child is charged with a juvenile crime in greater Houston, Texas, it is imperative to consult a knowledgeable juvenile defense attorney. The juvenile defender will tailor the defense to the client’s strengths, needs, family, community, and social structure. Houston criminal defense attorney Matthew D. Sharp dedicates his practice to criminal defense. A probable cause hearing is held within 48 hours of arrest. (c) A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by the child's parent, guardian, or other custodian or by the child's attorney. Detaining children leads to serious mental health problems and chronic illnesses, and detaining families can have long-lasting effects on the psychological well-being of both parents and children. If a child is sentenced to probation and he or she violates the terms of probation, he or she will face a juvenile violation of probation charge. Confidentiality of Juvenile Records Texas Family Code §§58.005-58.008 Sealing Texas Family Code Chapter 58, Subchapter C-1 Expunction Code of Criminal Procedure §45.0216; §45.0541 You can access Texas laws online at www.statutes.legis.state.tx.us Prepared by the Texas Juvenile Justice Department Texas Juvenile Justice System. IC 31-37-5-3 Juvenile Detention and Custody. Texas Juvenile Justice System. 2006, Sponsored by the Texas Juvenile Probation Commission and the Juvenile Law Section of the State Bar of Texas, Austin, Texas, August, 2006. If the juvenile is detained on a Friday or Saturday, then the detention hearing is required to be held on the first business day. Restitution. There will not be anything on your criminal record, but you will have an arrest record now. If the juvenile is between 12-16 years old, they can be held for: 12 hours for a non-violent crime; or; Up to 24 hours for a violent crime. In cases where theft or damage to property is present, a court can order a juvenile to pay damages to the victims. Of if you are a parent of a child accused of a crime, you are doubly concerned about the consequences down the road. Punishments for the convicted child are usually less severe. You must appear in Court with a parent or a legal guardian. In other places, a person may be considered an adult long before 18 or as late as 25 years old. They include maintaining strict sight and sound separation between detained juveniles and securely held adults, limiting how long a juvenile may be detained before being processed either to release or to county detention facilities, and requiring that detained juveniles be under observation for their own protection. In this case, the jury determines if the charges (petition) against the child defendant are true or not true. Custodian. Added by Acts 1991, 72nd Leg., ch. You may also bring a lawyer, but the presence of your parent/guardian is still required. Facility Characteristics. Depending upon your child’s age, history, and the nature of the crime, the court or local probation department may impose a variety of punishments, including: Juvenile crimes span a wide range of criminal offenses including drugs possession and murder. Learn How an Attorney Can Help Your Case. In the adjudication phase, the jury determines if the individual committed the crime or not. This outcome depends on the situation and specific circumstances, your child’s history with law enforcement, and the current charges. If there is no one to ensure the child’s return to court, If the child is a danger to themselves or the public, or. It means that if the police wish to speak with your child, as long as they have not placed them under arrest they are free to conduct an interview. Detention hearings are then held every 10-15 business days to ensure the child’s and court’s best interests are being served by continued detainment. 2, eff. The sentencing or disposition phase is the second part of the trial. Request A Consultation . The child may have the option to avoid the adjudication phase. B. Texas Juvenile Justice Department Detention – Juveniles found guilty of multiple or serious crimes can be sent to TJJD, which has low, medium, and high security facilities. Juveniles must be monitored at all times while being detained and may be held in a secure area for a maximum of six hours. How Long Can Police Legally Detain Someone if They Are Not Under Arrest? Gravity. Juvenile Information. a person who is 10 years of age or older but under 17; or 10-16 (17) when applicable. In addition to arrest by law enforcement, children can be referred to the juvenile probation offices for intake by parents, educators, or people in the community. When possible, the juvenile defense attorney to works closely with the client’s parents or guardians as allies. Link: Juvenile Tobacco/Alcohol Offenses (pdf) What You Can Expect When You Come To Court: Under Texas State law, you are classified as a juvenile if you are under the age of 17. A juvenile arrest is a frightening experience for anyone involved. If, however, the probation department determines the situation warrants a court appearance, there are several routes with may be taken once the case is referred to the prosecutor. The ultimate decision is with the judge. Within 24 hours after taken into custody, the youth will appear in court and have a detention hearing before a judge authorizing the youth’s detention status. In Texas, 26 percent of kids locked up in 2015 were held for status offenses or technical violations. In juvenile detention, the judge will consider several different factors in deciding whether the child can go home. In many places, a person is considered a legal adult at the age of 18. Created by. The Texas juvenile justice system at the time was not fully equipped to deal with the number of juveniles committing offenses or with the extreme violence frequently perpetrated by juveniles. The presiding judge decides appropriate punishments at that time. How long can a juvenile be held under arrest? How long do juveniles stay in juvenile residential placement facilities? The law enforcement officer is required to immediately notify the child's parents, guardians, or custodians. L. A juvenile may be held for only six (6) hours in a designated Juvenile Processing Center. no further action is needed aside from a warning, without going through the juvenile court process. Juvenile Processing Office . What are the differences between the juvenile justice system and the adult justice system? A juvenile court can sentence a juvenile to pay a fine for the theft or burglary, though they are typically small and not all states allow for juvenile fines. A juvenile in Texas has no right to bail or bond. Are most juvenile … Where can I get additional information? When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system. In 1995, the Legislature revised Title 3 of the Family Code by creating the Juvenile Justice Code. If it is decided that the case will go to court, the probation officials will determine if your child needs to be held in confinement or if they can return home awaiting court action. The holding log must be completed for each detained juvenile. He needs only probable cause to believe it was committed. What happens at an arraignment in Juvenile Court for initial hearing? The Law Office of Matthew D. Sharp is a criminal law firm built around the basic goal of achieving the most positive results for our Texas clients. 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