Austin’s Premier Juvenile Defense Lawyers

The juvenile court system is intended to not only protect the wellbeing of the public, but also to "provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct." Though this is meant to aid the juvenile, it can introduce many complications and intricacies that only trained attorneys can navigate.

On the other hand, the criminal justice system focuses primarily on punishment and deterrence. Its goal is to hold adults accountable for their actions through penalties such as incarceration, fines, and probation.

Here are several other differences between the juvenile court system and the criminal justice system in Texas:

• Legal Proceedings: Juvenile proceedings are generally less formal and more confidential compared to adult criminal proceedings. Juveniles have fewer constitutional rights, and their cases are often handled in closed hearings. Criminal proceedings for adults are typically more formal and public. Defendants have specific constitutional rights, such as the right to a public trial by jury and the right to confront witnesses against them.
• Sentencing and Penalties: As we mentioned earlier, juvenile court emphasizes rehabilitation rather than punishment. Sentences in the juvenile court system may involve probation, community service, counseling, or placement in a juvenile detention facility. In severe cases, juveniles may be transferred to adult court. In contrast, sentences in the criminal justice system for adults may include imprisonment, fines, probation, or a combination of these penalties. The severity of the punishment often depends on the seriousness of the crime and the defendant's criminal history.
• Records and Confidentiality: Juvenile records are typically sealed and confidential to protect the minor's future opportunities. In some cases, juvenile records may be expunged or sealed once the individual reaches a certain age or completes their sentence. Criminal records for adults are generally accessible to the public unless sealed or expunged through a legal process. A criminal record can have long-term consequences for employment, housing, and other opportunities.
• Age of Jurisdiction:  The juvenile court system in Texas typically has jurisdiction over individuals under the age of 18 who are accused of committing delinquent acts. The criminal justice system in Texas deals with individuals aged 17 and older who are accused of committing crimes classified as felonies or misdemeanors.

What Crimes Can Juveniles Be Tried as Adults for in Texas?

There are a few circumstances under which a juvenile may be tried as an adult in Texas courts:

• Violent felony offenses
• Felony drug offenses
• Habitual offenses/resistance to rehabilitation efforts

Being convicted as an adult means having the same consequences as adults, which may include prison time, fines, and a permanent criminal record.

Judicial Waiver

If a juvenile commits a felony offense, a judge can transfer their case to an adult court through what is known as a judicial waiver. In order for a case to go to adult court, two conditions must be met according to Texas law:

• There must be probable cause that the child committed the offense. While probable cause is necessary to bring charges against someone, transferring a case through judicial waiver means there is a high likelihood that the juvenile would be convicted of the charges.
• The nature of the crime committed requires that the case be handled in adult court. This requirement could also be satisfied if the child has a history of violence.

To put it simply, a juvenile must be highly likely to have committed the crime and the case must imply that the child has a nature that will not respond to normal methods of criminal rehabilitation.

Age of Waiver

In order for a judge to consider a juvenile waiver in a case, the minor that committed the crime must be at least 14 years old in addition to meeting the offense criteria according to Texas law. Once a juvenile has entered the adult court system, they will remain there if they commit another offense unless they have been acquitted of the charges, the case is dismissed, or an appeal is filed and successful.

Protecting Your Child’s Rights

Unfortunately, it is far too common in Texas for juveniles to be tried as adults, meaning their rights are in danger far before they reach a mature age. If your child has committed a crime and is transferred to adult court under a juvenile waiver, it’s important to seek a Austin juvenile defense attorney as soon as possible to protect your child’s rights.

The Austin Juvenile Offense System

Austin's juvenile justice system is run by the Juvenile Probation Board and administrated by the Juvenile Board, a group of judges overseeing juvenile probation. Cases are brought in the 98th District Court of Travis County, located at the Gardner-Betts Juvenile Justice Center. The District Attorney prosecutes juvenile charges.

Juvenile charges can result in penalties ranging from "Deferred Prosecution" to up to forty years in prison and registration as a sex offender. The range of possible results is staggering, and charges can be brought for certain offenses even after a child's 17th birthday.

Contact Our Austin Juvenile Defense Attorney Today

Our Austin juvenile offense attorneys have handled hundreds of juvenile cases. We have extensive experience in juvenile courts handling aggravated sexual assault of a child, sexual assault, and indecency with a child by contact cases. Juvenile sex crimes cases are particularly complex as they regularly involve young children alleged to have committed a sex offense against another child or family member.

Here are some of the advantages of retaining our services:

• Strategic Representation: We will work closely with you to develop a strategic defense tailored to your child's unique circumstances. Whether it involves negotiating with prosecutors, presenting mitigating evidence, or advocating for alternative dispositions, we will pursue the best possible outcome for your child.
• Protecting Your Child's Rights: As experienced advocates, we are committed to safeguarding your child's legal rights throughout the juvenile court process. We will ensure that your child is treated fairly and that their constitutional rights are upheld at every stage of the proceedings.
• Minimizing Consequences: Our goal is to minimize the potential consequences of juvenile charges on your child's future. By leveraging our legal knowledge and negotiating skills, we may be able to secure reduced charges, alternative dispositions, or diversionary programs that can help your child avoid long-term repercussions.
• Navigating the Legal System: Juvenile court proceedings can be complex and overwhelming for both parents and children. With our guidance and support, you can navigate the legal system with confidence. We will explain the process to you, answer your questions, and provide you with the support you need every step of the way.
• Emotional Support: Dealing with a juvenile court case can be emotionally challenging for families. We understand the stress and uncertainty you may be experiencing and will provide compassionate support and guidance throughout the legal process.
• Investigation and Preparation: We will conduct a thorough investigation into the circumstances surrounding your child's case, gathering evidence, interviewing witnesses, and preparing a strong defense strategy. Our meticulous approach ensures that no stone is left unturned in advocating for your child's best interests.

If a loved one or family member faces a juvenile charge, it is essential to begin your defense as soon as possible. 

Don't face charges as a minor alone. Contact us online or at (512) 991-0576 to discuss your case with our Austin juvenile lawyer.

Related Reading:

• Sealing Juvenile Records in Texas
• How Does My Child’s Juvenile Crimes Charge Affect Our Family?
• Juvenile Case Studies
• The Legal Consequences of Drinking Underage
• What Happens If I Am Pulled Over For a DWI Under the Age of 21?
• Do Children Ever Have to Testify in Court in Texas?