Juvenile defense in Texas

How juvenile cases differ

• A detention hearing decides whether the child stays in custody
• Outcomes can include deferred prosecution, probation or commitment
• For some serious felonies, the State can ask to certify a child 14 or older to stand trial as an adult

Sealing juvenile records

Many juvenile records can be sealed, and some are sealed automatically. Talk to us about which applies.

Who is a "child" in the Texas juvenile system?

A person who is 10 or older and under 17 at the time of the alleged conduct (Family Code 51.02). A person who is 17 or older is prosecuted in adult court.

What happens after a child is taken into custody?

1. The child is taken to a juvenile processing office or detention facility, and a parent must be notified.
2. A detention hearing is generally held by the second working day after the child is taken into custody (Family Code 54.01). The court decides whether the child is released to a parent or stays in detention.
3. The prosecutor decides whether to file a petition, and the case proceeds in juvenile court.
4. The case may end with dismissal, deferred prosecution, probation or, in serious cases, commitment.

Can police question my child without me?

Texas has special rules for statements by children. A written or recorded statement by a child in custody generally must be preceded by warnings from a magistrate, outside the presence of law enforcement, to be admissible (Family Code 51.095). A child has the right to an attorney in juvenile proceedings (51.10).

What is determinate sentencing?

For certain serious offenses, the prosecutor can ask a grand jury to approve a petition for determinate sentencing (Family Code 53.045). If approved, the child can receive a sentence of up to 40 years, starting in a juvenile facility with possible transfer to adult prison.

When can a child be tried as an adult?

The juvenile court can waive jurisdiction and transfer a child to adult court after a certification hearing. Generally, a child 14 or older can be certified for a capital felony, an aggravated controlled substance felony or a first-degree felony, and a child 15 or older for a second-degree, third-degree or state jail felony (Family Code 54.02).

Where are Dallas County juvenile cases heard?

At the Henry Wade Juvenile Justice Center in Dallas, where the county's juvenile courts and juvenile department are located.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What outcomes are possible in juvenile court?

• Dismissal or a decision not to file a petition
• Deferred prosecution: a period of supervision, often up to six months, after which the case can be dismissed if completed
• Probation: supervision at home or in a placement, with conditions such as school attendance, counseling and curfew
• Commitment to the Texas Juvenile Justice Department in serious cases

How is juvenile court different from adult court?

Juvenile cases are civil proceedings under Title 3 of the Family Code, with a focus on rehabilitation as well as public safety. Hearings are often less public, the terms are different ("adjudication" instead of conviction, "disposition" instead of sentencing), and records are treated differently. But a child still has the right to a lawyer, to remain silent and to a trial, and the State must prove the case beyond a reasonable doubt.

What should parents do now?

• Ask for a lawyer before your child answers questions.
• Attend the detention hearing and bring school and medical information.
• Keep your child off social media about the incident.
• Gather records showing your child's schooling, activities and supervision at home.

Can a juvenile be tried as an adult?

Yes, in some cases. Under Family Code 54.02, the juvenile court may waive its jurisdiction and transfer a child to adult criminal court after a hearing, generally if the child was 14 or older for a capital felony, a first-degree felony or an aggravated controlled substance felony, or 15 or older for other felonies. The court must order a complete diagnostic study and investigation first.

Are juvenile records sealed automatically?

Often, yes. Under Family Code 58.253, a person referred to juvenile probation for delinquent conduct is entitled to have the records sealed without applying once the person is at least 19, was not adjudicated for felony-level conduct, has no pending delinquent conduct matters, was not transferred to adult court and meets the other conditions in that section. Records for conduct indicating a need for supervision can be sealed without application at 18 under 58.255 if the listed conditions are met.

What if the record does not qualify for automatic sealing?

A person can file an application to seal records in the juvenile court under Family Code 58.256, which lists the information the application must include. Some records, such as those involving determinate sentencing or transfer to adult court, are treated differently, so the history of the case matters.

What should parents bring to the first meeting?

Bring any paperwork from the police or juvenile probation, the date and place your child was taken into custody, school records if relevant, and the names of any witnesses. Do not ask your child to write out what happened before talking with a lawyer.

Free consultation

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or, in Spanish, (214) 880-6293. Phones and chat are answered 24/7, with AI covering when no staff is free.