When you receive a call, the last thing you expect is to hear a police officer on the other line inform you that your child has been placed under arrest. This can be overwhelming, as you may feel scared, confused, angry, and disappointed all at once. However, as a parent, understanding what you can do to protect your child during these difficult times is critical. If your child has been placed under arrest, the following blog explores what you should know about how juvenile crimes are handled and the importance of working with Houston juvenile defense attorneys.
Are Juvenile Crimes Tried in Criminal Courts?
If your child has been charged with a crime, it’s imperative to understand what to expect from the criminal justice system in Texas. First and foremost, it’s important to note that a minor is anyone 17 years old or younger. As such, if your child is arrested and charged with a crime, they will generally be released back into your custody after they have been booked. However, if the crime is particularly serious or violent, they may remain in police custody.
Once the child is released into the custody of a parent, they will be referred to a first-offender program. This generally entails community service and rehabilitation. At the completion of the program, the charges against them may be dropped.
However, if the child is not a first-time offender or the crime does not warrant participation in the program, they will be tried in juvenile court. Typically, a juvenile will have a detention hearing to determine if they should be released to their parent, if they have not already been, before moving to the adjudication hearing. This functions similarly to a trial. Once this concludes, they will have a disposition hearing, which is essentially their sentencing to determine the punishment.
It’s important to understand that children in Texas are rarely tried as adults, as these instances often include felonies of a violent nature. Juveniles charged as adults cannot be sentenced to the death penalty, though they can face a life sentence with the possibility of parole. It is ultimately up to the prosecution to determine if a child should be charged as an adult.
What Does Sentencing Typically Entail?
If a child goes through the juvenile justice process and is found guilty, there are several punishments they can face.
If the charges against your child are drug or alcohol related, the case may be moved to drug court. As a result, your child may be ordered to attend a treatment program or participate in substance abuse education programs.
However, your child may also be sentenced to probation. This allows them to remain at home and out of detention, though they must follow strict rules. In other instances, a child may be sentenced to up to nine months in a juvenile detention center.
In the event your child has been charged with multiple serious crimes, they may be sentenced to a Texas Juvenile Justice Department Detention facility. They may be sentenced for an indeterminate amount of time, which lasts up to two years, while a determinate sentence can last much longer and may warrant an eventual transfer to an adult facility.
As a parent, the last thing you want to see is your child sentenced to time in a juvenile detention facility. As such, connecting with an experienced attorney who can help you fight to avoid this outcome is critical. At the Gonzalez Law Group, our dedicated legal team will do everything possible to assist you during these difficult times to fight for your child. Contact us today to discuss these matters with a member of our dedicated legal team.
