Juvenile Charges Attorney in Fort Bend County

When youths are arrested, they can be detained in juvenile detention overnight. If they have been arrested for violent crimes, the detention may extend for 10 days or longer. This is not something that involves “bail.” Within 24 hours of a juvenile arrest, a detention hearing must be held by a juvenile court judge to decide whether or not your child should be detained further and for how long. 

Your child may be released into your custody as a parent or guardian with conditions set by the judge until another hearing is held in 30 to 90 days. Youths who have committed drug crimes or violent crimes may not be released but held for another 10 to 14 days until the next hearing. 

It is up to the prosecutor’s office to decide whether a minor should be referred to the juvenile court, informally handled (outside of court), or have his or her case dismissed. Texas law provides alternatives to conviction and incarceration for many juvenile cases. For example, the First Offender Program is designed for those who commit a nonviolent crime as a first offense. Instead of imposing fines and detention on the youth, they are put on a diversion program that may involve community service, providing restitution to victims, or educational programs. 

When a case is referred to court, Juvenile judges “adjudicate” the matter after hearing evidence from the defense and the prosecution. If the court finds that the minor committed the crime, he or she will be either put on probation or placed in a juvenile facility. 

Generally, the results of a juvenile arrest can lead to the following:

• A case dismissal.
• “Supervisory caution,” which can include referral to social services programs, advising the juvenile to refrain from such behavior in the future, and other non-judicial actions or requirements.
• Deferred prosecution, which involves court supervision with certain conditions which, if violated, can lead to formal court adjudication.
• Adjudicated probation, generally for a period of a year under the guidance of a juvenile probation officer or it may involve being sent to a state-operated or private residential treatment center. 

In some cases, a juvenile may be referred to the adult court system for trial. However, this is only done based on the type of crime, the surrounding circumstances of a crime, and/or the youth’s previous criminal history, if any. Starting at age 14, juveniles can be tried as adults, generally for very serious crimes, such as felonies. 

Sometimes, it may be possible to have a child’s juvenile record sealed, leaving their indiscretions in the past. At The David Hunter Law Firm, we fight hard to obtain these positive results for your child with an aggressive juvenile law defense.