How Does the Juvenile Justice System in Texas Work?
Children 17 years of age and younger who are accused of engaging in criminal activities go through the juvenile justice system, not the adult legal system. The system is special, yet it can be complex for those who don’t understand the procedures and terminologies, hence the need to have the representation of legal experts from a law firm in Montgomery.
If your child has been charged with a juvenile crime, it’s natural to feel overwhelmed and scared about what will happen to them and how the charges will affect them later. Understanding that the charges are serious is crucial, but several defenses are available to protect your child from the possible consequences.
Seek legal counsel and representation as early as possible to guide your child toward a positive outcome. Skilled juvenile crime attorneys in the Woodlands can fight to prevent your child from being detained or sent to the Texas Juvenile Justice Department, where juveniles with felony-level offenses are often referred.
What Criminal Charges Can a Minor Face?
Your child could face various criminal charges that can result in a juvenile trial, examples being:
- Assault
- Drug possession
- Runaway
- Theft
- Burglary
- Disorderly conduct
- Shoplifting
- Criminal mischief and vandalism
- Threats
- Fraud
- Truancy
- Possession of a controlled substance
These charges could put your child’s future on the line. Therefore, it’s paramount to engage the services of experienced juvenile crime lawyers in The Woodland who know the law and have worked on juvenile cases with results that speak for themselves.
What Are the Consequences of Juvenile Offenses?
One of the outstanding differences between the juvenile and adult justice systems is that the former focuses on rehabilitating and restoring offenders. In contrast, the latter focuses on punishing offenders. The aim is to help young people learn from their mistakes and work toward becoming better and productive members of society.
The system is designed for confidential proceedings, sealed records, and case outcomes focused on support, counseling, and probation. However, your child risks facing the following consequences, depending on how well they defend themselves:
- Community service
- House arrest
- Juvenile detention
- Loss of driving privileges
- School suspension and referral to alternative schools
- Probation
- Treatment programs
- Sex offender registration
- Restitution
- Impact on college applications
- Effect of immigration status
- Difficulty obtaining work
What Are the Rights of a Juvenile When Facing Criminal Charges?
A juvenile offender has the right to receive fair treatment as they go through the justice system. Sometimes, a young offender could be afforded certain protections and more lenient penalties for their wrongdoings. The law outlines strict procedures for arresting, charging, and detaining juveniles to protect their rights.
Generally, the following must be adhered to:
- The parents or guardians must be informed of the minor’s detention in custody
- If arrested, the juvenile must be processed within a police custody department but in a separate juvenile processing office.
- The initial detention hearing must happen within 48 hours of entering custody. If detained for an extended period, a detention hearing must happen every ten days to determine if it’s still necessary.
- A parent or guardian must accompany the juvenile to court hearings
- A juvenile has the right to a lawyer at all detention hearings
If you believe the rights of your child have been violated, don’t be quiet. Talk to juvenile crime attorneys in the Woodland to seek counsel on how best to protect your child.
What Are the Possible Defenses to Criminal Charges
Going through the juvenile justice system can be frightening for your child, and they are counting on you to protect them. Experienced juvenile crime lawyers in Montgomery can develop solid defense strategies to help your child beat the charges or reduce potential consequences to guide them toward a more positive future.
The applicable defenses depend on the type of charges, but exploring different strategies can be empowering. Possible defenses include:
Misinterpretations and Accidental Situations
Unforeseeable events, miscommunications, and misinterpretation of circumstances can lead to criminal charges. Most juvenile criminal charges result from unexpected incidents or misunderstandings, not deliberate action. Skilled lawyers can gather evidence to demonstrate that your child had no malicious or criminal intention and the outcome was unintentional.
Mistaken Identity
Eyewitnesses may sometimes make mistakes when identifying crime perpetrators, often leading to wrongful convictions. Your child could be a victim of mistaken identity, putting their life on the line for a crime they didn’t commit.
Your child’s lawyer will work on establishing an alibi or provide evidence that shows your child was not at the alleged crime scene when it happened, so they couldn’t have possibly committed the crime. Lawyers with a keen eye for details can scrutinize discrepancies in the description of the perpetrator by the witness to invalidate the claims.
Mental Health and Disability
Your child’s juvenile crime lawyers could argue that your child suffered a mental health disorder or disability that impacted their behavior.
They can claim that the prosecution failed to take into account the child’s mental state when questioning them, so the case is weak. Arguing in favor of alternatives like therapy or counseling can reduce the severity of the charges.
An Experienced Juvenile Crime Lawyer Helping You Protect Your Child’s Future
Seeing your child go through the juvenile justice system can be heartbreaking, but your involvement in their case can be instrumental in their well-being. It can also enhance the positive outcome of the case, primarily if you work with knowledgeable juvenile crime defense attorneys in The Woodlands to protect your child.
The legal team at Morgan Bourque, Attorney at Law, can help you take on this fight to protect your child’s life and future. Whatever charges your child is facing, you stand a high chance of getting a favorable outcome with our lawyers by your side. Call us at 713-766-3733 to schedule a FREE case assessment.