When your child is charged with a crime, you may feel an overwhelming amount of emotions, from anger and disappointment to guilt and anxiety. Unfortunately, it’s imperative to understand that this process can be incredibly difficult to navigate, especially if you are unsure whether your minor child will be charged as an adult. If you’re unsure what to expect, the following blog can help you understand how this process works and why it’s vital to discuss your circumstances with Houston criminal defense attorneys to explore your legal options.
How Do Adult and Juvenile Charges Differ?
Generally, when a child is charged with a crime, they are technically charged with “engaging in delinquent conduct.” Much of the terminology used in juvenile cases differs from adult cases, as minors are “taken into custody” as opposed to arrested, for example. Unlike adult charges, most children who have been convicted of delinquent conduct are placed on probation. In some instances, however, they can be placed in a juvenile detention facility. However, the primary focus of juvenile court is to rehabilitate the child rather than punish.
Additionally, adult crimes are often more public. In Texas, any child over the age of 17 who has committed a crime is automatically charged as an adult, meaning their name will be published as these cases are typically open records.
You should note, however, that in some instances, a child could be transferred from a juvenile detention center to an adult jail or prison around their 19th birthday under certain circumstances.
What Circumstances Will a Minor Be Charged as an Adult?
In general, the juvenile court will have the jurisdiction to transfer a case to criminal court where the child can be charged as an adult. Typically, only children 14 and older can be tried as adults in Texas.
Generally, if a 14-year-old is accused of committing a capital felony, first-degree felony, or aggravated controlled substance felony, they can be charged as an adult, while a 15-year-old can be transferred for any felony crimes they are alleged to have committed. However, this is not the only factor that will be taken into consideration. The court will examine several additional factors before determining whether or not to charge the child as an adult, including the following:
- The child’s maturity
- If they have a prior criminal record
- If they pose a danger to themselves or their community
- If the child is likely to respond to rehabilitation efforts
It’s important to understand that before a child’s case is transferred to adult court, a transfer hearing will be held to determine if this is truly necessary for the child.
As you can see, navigating the juvenile detention system can be incredibly confusing, especially if your child is at risk of being charged as an adult in Texas. That is why it’s in your best interest to connect with an experienced attorney at Gonzalez Law Group to explore your legal options. Our team will determine the best course of action for your needs and fight to help you and your child receive the best possible outcome for your circumstances. Contact us today to learn how we can assist you.