Juvenile Crimes Defense in Bryan, TX

A criminal charge is serious business for anyone, no matter what their age. However, when it happens to a minor, the consequences could last a lifetime. If someone is at least 10 years old, while still younger than 17 years old, they can be tried in juvenile court. 

Young people still have constitutional rights, and one of those is the right to an attorney. A good juvenile defense lawyer from our Bryan office might be able to make a big difference. 

Facing juvenile charges? Contact us today at (979) 227-3305 to discuss your child’s case and secure a strong defense.

Understanding the Juvenile Crime Process in Texas

When a minor is charged with a criminal offense, a detention hearing must take place within two business days. The hearing's purpose is not to determine guilt or innocence but to decide if the child should be released to their parents or held until the next hearing. Key factors in this decision are whether the minor can be safely released and whether they are likely to appear for future hearings. Unlike adult bail hearings, there is no monetary requirement for release.

A child has the right to legal counsel during this process, so it's crucial to contact a juvenile defense attorney as soon as possible. While the detention hearing doesn’t address the case’s merits, having an experienced attorney can help secure the child’s release and prevent further complications. Afterward, the case is presented to a grand jury, which could result in the case being dismissed if the prosecutor fails to convince them of the child's guilt. This is a unique advantage of the juvenile system, as grand jury decisions are not binding in adult court.

In certain cases, the District Attorney may seek to have the child tried as an adult, but this can only happen if the child is at least 14 years old, and it's usually reserved for serious offenses like murder or major drug crimes. If the case proceeds, the trial is called an adjudication hearing, where our legal team will defend your child vigorously by examining evidence and questioning law enforcement actions. We are dedicated to providing comprehensive support throughout this challenging process.

Key Juvenile Crimes in Texas: What You Should Know

Our lawyers and dedicated legal staff are ready to help you and represent your child in any matter. Some of the most common allegations made against juveniles include these: 

• Property crimes, such as graffiti and vandalism, account for approximately 25% of juvenile offenses in Texas.
• Violent offenses, including assault, battery, and reckless endangerment, are prevalent among juvenile offenders in the state.
• Theft, ranging from petty larceny to more serious theft crimes, is a common type of juvenile offense in Texas.
• Drug-related charges, such as possession or distribution of controlled substances, constitute a significant portion of juvenile crimes in the state.
• Juveniles in Texas also frequently face charges related to driving under the influence (DUI).
• Offenses involving unlawful possession of weapons, including firearms, are among the more serious, but common offenses committed by juveniles in Texas.

Juvenile Diversion Programs

Juvenile diversion programs are designed to help minors avoid criminal records by offering rehabilitation and alternatives to the traditional criminal justice process. These programs focus on providing education, counseling, and support to address the root causes of juvenile delinquency, rather than simply punishing the young offender.

What are juvenile diversion programs?

• These programs redirect a juvenile away from the traditional court process.
• Instead of facing formal charges, minors may be enrolled in programs that focus on rehabilitation, education, or counseling.
• The goal is to prevent recidivism and help juveniles make positive life choices.

How do diversion programs help avoid criminal records?

• Participation in a diversion program can result in charges being dropped or not being filed at all, provided the minor completes the program successfully.
• This allows the minor to avoid a permanent criminal record, which could affect their future education, employment, and personal opportunities.

Examples of diversion programs in Texas:

• Teen Court: A peer-run program where other juveniles act as jurors and determine appropriate sentences for offenders.
• Counseling and Drug Education Programs: Programs designed to address substance abuse or mental health issues.
• Community Service and Restorative Justice Programs: These allow juveniles to make amends for their actions by performing community service.

Differences Between Juvenile and Adult Criminal Court

The juvenile justice system differs significantly from the adult criminal system, as it focuses more on rehabilitation and less on punishment.

Key differences:

• Juvenile courts are designed to address the unique needs of minors, offering a more flexible, rehabilitative approach.
• Unlike adult courts, which focus on criminal responsibility, juvenile courts emphasize the best interests of the child and their rehabilitation.

Advantages of juvenile court:

• The primary aim is rehabilitation, not punishment.
• Juveniles may receive lighter sentences, and their criminal records can be sealed or expunged, offering them a fresh start.

Sealing or Expunging Records:

• In Texas, minors convicted of certain offenses may have their records sealed, meaning the conviction is not visible to employers or schools.
• Expungement can allow for a complete removal of the juvenile’s criminal record.

Sentencing Options for Juveniles

When a juvenile is convicted of a crime, the court has several sentencing options that focus on rehabilitation rather than harsh punishment.

Possible sentencing outcomes:

• Probation: The juvenile may be allowed to stay at home under supervision while completing court-ordered programs.
• Community Service: The juvenile may be required to perform community service to make restitution for their actions.
• Juvenile Detention: In more serious cases, the juvenile may be placed in a detention facility, but this is generally reserved for the most severe offenses.

Focus on rehabilitation:

• Juvenile sentencing emphasizes counseling, education, and therapy to address the underlying causes of delinquent behavior.
• The goal is to steer the juvenile away from further criminal activity and equip them with the tools to succeed in life.

Detention facilities in Texas:

• Juveniles in Texas may be sent to secure detention centers, or non-secure residential treatment centers, depending on the nature of their offenses and their needs.

FAQ: Juvenile Crimes Defense in Bryan, TX

• Can a minor be tried as an adult in Texas?
  Yes, in Texas, a juvenile may be tried as an adult if they are 14 years or older and are charged with serious offenses like murder or high-level drug offenses. The decision to transfer a case to adult court is made by the prosecutor and the judge.
• What is a juvenile detention hearing?
  A juvenile detention hearing is held within two business days after a minor is charged. It determines whether the minor should be released to their parents or held in custody until the next hearing. The purpose is not to determine guilt or innocence but to assess whether the minor poses a flight risk or danger to the community.
• Can a juvenile criminal record be sealed or expunged in Texas?
  Yes, in many cases, juvenile records can be sealed or expunged, especially if the minor was found not guilty or completed a diversion program. Sealing a record means it will not be visible to the public, which can help a young person avoid long-term consequences in their future.
• What is the role of a juvenile defense attorney?
  A juvenile defense attorney plays a crucial role in defending minors against criminal charges, including charges related to possessing or using a fake ID. They represent the minor during hearings, protect their constitutional rights, investigate evidence, and work to have charges reduced or dismissed. An attorney can also help secure a minor’s release from detention and ensure the child is not unfairly penalized. With a skilled attorney by their side, minors can have a better chance of achieving a favorable outcome in their case.
• How does the juvenile court system differ from adult court?
  The juvenile court system is focused on rehabilitation rather than punishment. Juvenile courts offer more lenient sentences, such as counseling or community service, instead of incarceration. Additionally, minors have the opportunity to have their records sealed or expunged, which is not typically an option in adult court.
• What are juvenile diversion programs?
  Juvenile diversion programs are alternatives to formal prosecution and incarceration. These programs focus on rehabilitation and may include counseling, community service, or educational programs. Successful completion of a diversion program may result in the dismissal of charges or no criminal record.

Need legal help for a juvenile offense? Contact us now at (979) 227-3305 and let our experienced team guide you through the process.