Texas Juvenile Crimes

Texas Juvenile Crimes Defense

Accusations Against Juveniles

A juvenile is defined in Texas as being any person under the age of 17, but older than the age of 10. These boys and girls are treated differently in the court system than adults. In general, while adult criminal sentencing is punitive, the juvenile system is geared towards rehabilitation and ensuring the child does not offend further. Even still, the penalties for juvenile offenders can be serious.

Understanding Juvenile Law

There are certain offenses that are specific to juvenile offenders. These crimes are those which are not illegal for adults. Truancy and curfew violations, for example, are specifically juvenile offenses, as are more serious crimes such as underage drinking.

Despite efforts towards rehabilitation, there are certain very serious offenses that will result in a juvenile being charged and tried as an adult in a process called “certification.” A certified juvenile is one that has committed a serious felony or violent crime such as assault with a deadly weapon. In such cases, the juvenile court will have a hearing where arguments are presented regarding transfer to the adult penal system.

The juvenile justice system in Texas has separate and special courts dedicated to juvenile offenses. At The Law Office of Philip M. Gommels, we defend every type of juvenile case.

Defending the Rights of the Juvenile

Despite the courts being separate and distinct from the adult justice system, juveniles have many of the same rights as adults. These include:

The reading of Miranda rights
The right to an attorney
The right to hear charges
The right to confront the accuser
Defense against self-incrimination
The right to a trial by jury
The right of appeal
Refusal of search before arrest

Hire a Juvenile Crimes Lawyer Immediately

If a juvenile is detained by an officer of the law, the first thing to remember is not to resist under any circumstances. Immediately request an attorney and get in touch with guardians. Do not give any information other than name, address and contact information for guardians. If you are being interrogated by law enforcement, YOU HAVE THE RIGHT TO REMAIN SILENT.

If your child has been arrested for any texas juvenile crimes, call Philip M. Gommels today for a consultation.

Texas Juvenile Attorney

Juvenile Crime Definition

When a child is arrested, it can be devastating for their parents. If you child is arrested or charged with a crime, you likely have a lot of questions. However, here are a few questions that a juvenile attorney for defense can answer:

Will my child go to jail?
What are the differences between the juvenile justice system and the adult justice system?
How will the experience of an arrest and conviction affect my child’s perspective and future?

Is your child facing criminal charges? Do you need legal help for your child? You must get legal assistance ASAP. Contact The Law Office of Philip M. Gommels, PLLC for an experienced juvenile defense lawyer.

In most cases, juveniles don’t think they will need an attorney if they are charged with a serious offense. However, some juvenile offenses lead to serious penalties and punishments. So, it’s vital to find an attorney to protect your child’s legal rights and future. Further, a juvenile defense attorney will not just represent your child in front of a judge. Rather they will guide you and your family through the complex juvenile legal system. Plus, they will listen to your concerns and provide options throughout the process.

So, if your child is arrested for a juvenile offense in the Houston area or throughout Texas, contact a skilled attorney ASAP. Never allow your child to speak to a police officer until you contact a juvenile attorney for defense. Further, your child has the right to remain silent and seek counsel before making a statement to law enforcement officers.

Types of Juvenile Crimes

When a child is under age 18, they can face misdemeanor and felony charges in Texas. But Houston juvenile attorney for defense Philip M. Gommels devotes his practice to criminal defense. For instance, he has years of experience fighting for juveniles charged with the following criminal defenses:

Marijuana-Related Crimes (e.g. possession of marijuana, sale or delivery or marijuana, or felony possession)
Drug-Related Crimes (e.g. possession of alcohol or drug on school grounds, juvenile possession of alcohol or drugs, possession of drug paraphernalia, or possession of a controlled substances)
Traffic Court Crimes (e.g. DUI, hit-and-run, reckless driving, or driving while license is suspended)

Violent Juvenile Crimes (e.g. assault and battery, aggravated assault, weapon possession on school grounds, or unlawful possession of a firearm)
Juvenile Sex Crimes (e.g. sexting, sexual assault, indecent exposure, battery, lewd and lascivious behavior, or a sexually-motivated crime that is allegedly committed by the juvenile on a younger boy or girl)
Juvenile Theft/Property Crimes (e.g. theft, arson, vandalism, shoplifting, dealing in stolen property)

If your child is charged with a crime, you must get legal assistance from a criminal defense lawyer with experience in the juvenile court system in Texas. Criminal defense lawyer Philip M. Gommels has experience representing children charged with a variety of juvenile defenses in Texas. The Law Office of Philip M. Gommels, PLLC can protect your child from harsh punishments due to a convicted criminal offense. So, contact Philip M. Gommels to start fighting for your child today.

Juvenile Justice System in Texas

To start, a juvenile is a person that is 10 to 17 years old. Usually, a child is tried as a juvenile in the juvenile justice system if:

They were arrested between age 10 to 17
They are between 17 to 18 but were arrested for something before their 17^th birthday

When a child is arrested, a juvenile probation officer will conduct their intake. To explain, the point of this process is to determine if the person is legally a child in Texas. Plus, they want to see if there is probable cause that the child committed a criminal offense. Finally, the juvenile probation officer decides if the child will be held before trial.

Usually, the child won’t be held prior to trial. However, they may be detained if the individual:

Is without a parent or guardian
Doesn’t receive adequate supervision and care from a parent or guardian
Has prior conviction
Is a danger to themselves or others
Is a likely flight suspect – likely to leave or be taken from the jurisdiction of the court

If a child is detained, they will go to two meetings in the Houston area. First, within 48 hours, a probable cause hearing will take place. Second, within one to two business days, a detention hearing occurs. Then, if detained, any other hearing will take place every 10 to 15 days to decide if the child should be detained pending trial.

After these initial meetings, the child must attend a two-part hearing at trial. First, there is the adjudication phase. During this hearing, the jury decides if the child committed the crime or not. In contrast to the adult legal system, juveniles are not found guilty or not guilty. Rather, the jury decides if it is true or not true that the child committed the crimes. Further, the jury’s verdict must be unanimous to make a true determination.

Or the child may be able to avoid the adjudication phase. If so, they enter a stipulation. In short, this is the same as a guilty plea. As a result, the trial instantly proceeds to disposition. In fact, this is the second part of the trial. At the disposition, the judge decides the proper punishments.

Common Juvenile Crimes and Punishments in Texas

Depending on the type of juvenile offense, the punishments vary. For instance, these are some punishments for juvenile offenses:

Driving Under the Influence (DUI)

Driver’s license suspension
Community service
Probation

Juvenile Drug Charges

Depending on multiple factors of the crime, these charges could lead to various consequences. So, consult your attorney to assess the possible punishments based on your child’s social history and circumstances.

Juvenile Violation of Probation

If a child is convicted and is sentenced to probation but violates their probation, they will face a juvenile violation of probation. Then, they will have to go back to court for adjudication. As a result, they may be incarcerated or have their probation revoked.

Possession of Marijuana

If a child faces this type of charge, the punishment depends on:

If the offense included factors like possession of marijuana in a drug-free school zone
The amount of marijuana in their possession

In these cases, the punishment can vary. For example, the child could face:

Driver’s license suspension
Community supervision (probation)
Jail time
Difficulty finding employment
Trouble getting into college
Limited access to federal student loans

Juveniles Tried as Adults in Texas

Sometimes, a child can be tried as an adult and face adult punishments in the state of Texas. But if the child committed the crime before their 17^th birthday, they can’t face capital punishment.

If the child is a repeat offender or commits a serious crime, they may be tried as an adult in Texas. However, the child can’t be charged as an adult if they committed the crime before they turned 15 years old. Yet, the child could be charged as an adult if they committed a first-degree felony or an aggravated controlled substance felony when they were 14 years or older.

Clearly, it is best for the child to be tried as a child. Usually, if the child is charged as a child, the punishments are less severe. Plus, it will be harder to access their records once they complete their sentence. Further, a juvenile attorney for defense of your child will do everything they can to prevent them from being tried as an adult.

Consequences of Juvenile Crime

In short, the consequences of your child’s crime depend on their age, history, and nature of the crime. For instance, the child could face the following punishments:

Supervisory requirement.
Probation at home, foster care, or within another program.
Incarceration or commitment.
Restitution
Deferred prosecution.

Unfortunately, there is a lot on the line for your child if they are convicted of a juvenile crime. Plus, there is even more they could lose if they are tried as an adult. As their parent, you must find a skilled defense attorney that has experience in the juvenile justice system. Fortunately, The Law Office of Philip M. Gommel, PLLC has represented children in Texas courtrooms for years. Contact Philip M. Gommel to start fighting for your child.

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