The consequences of juvenile crimes in Texas can be far-reaching and complex. At Cowboy Law Group, we believe families must understand the potential outcomes their child may face if charged with a juvenile offense. Let’s dive into the intricacies of the Texas juvenile justice system and explore what happens when a child breaks the law in the Lone Star State.
If your child is facing criminal charges, contact our Texas juvenile criminal defense lawyers today.
The Texas Juvenile Justice System: An Overview
In Texas, the juvenile justice system primarily operates at the county or local level, with most young offenders being processed through county courts under the guidance of county juvenile boards. The Texas Juvenile Justice Department (TJJD) plays a significant role in managing state-operated secure facilities and halfway houses, as well as providing funds and support to local juvenile probation departments.
The system is designed to balance two primary concerns for each child:
- Public safety
- The child’s rehabilitation and successful reintegration into society
It’s important to note that the juvenile justice system in Texas deals with children between the ages of 10 and 17 who have broken the law. Once a child turns 18, they enter the adult criminal justice system if they commit an offense.
Consequences for Juvenile Crimes in Texas
The consequences for juvenile crimes in Texas can vary widely depending on the severity of the crime and the child’s history. Let’s explore the range of potential outcomes.
Probation
For many juvenile offenders, especially those who have committed less serious crimes, probation is a common outcome. Probation typically lasts one to two years and may extend until the child turns 18. During this time, the child remains in the community but must adhere to specific conditions set by the court. These may include:
- Regular check-ins with a probation officer
- Attending school regularly
- Participating in counseling or treatment programs
- Community service
- Curfews
- Drug testing
Probation gives young offenders a chance to prove they can behave responsibly without being removed from their home environment.
Detention in Juvenile Justice Facility
In more serious cases, a juvenile may be detained or committed to a Texas Juvenile Justice Department facility. This can happen through two types of sentences:
- Indeterminate Sentence: The juvenile can be held for any amount of time up to their 19th birthday. The exact length of stay depends on their progress and behavior while in custody.
- Determinate Sentence: This involves a specific amount of time, though juveniles can be released early if circumstances warrant it. The most severe penalty for a determinate sentence is 40 years in prison.
Offenses that can lead to a determinate sentence include:
- Murder
- Manslaughter
- Aggravated assault
- Sexual assault
- Aggravated robbery
- Certain drug offenses
- Criminal solicitation
- Indecency with a child
- Arson causing bodily injury or death
- Intoxication manslaughter
When Can a Juvenile be Tried as an Adult?
In very serious cases, particularly for violent crimes or habitual offenders, the juvenile court may waive its jurisdiction and transfer the case to adult criminal court. This process, known as certification, can occur for youth 14 or older accused of felony offenses.
The juvenile court considers several factors when assessing if a minor should be charged as an adult:
- The severity of the crime
- The maturity level of the juvenile offender
- The juvenile’s previous criminal record
- The continuing danger the child poses to the public
- The likelihood of rehabilitation within the juvenile system
Additionally, the court may impose a hybrid sentence. This means that the offender will be transferred to the adult criminal court and prison system upon turning 18, which can lead to prison time or parole. While offenders can’t remain in the juvenile system after they turn 19, they can be transferred to the adult system any time after they turn 16.
Special Needs Diversionary Program (SNDP)
A 2011 study found that 38% of children in TJJD facilities or juvenile probation programs had a mental health condition or emotional disturbance. The juvenile justice system has recognized the importance of addressing these mental health needs as part of the rehabilitation process.
Recognizing that many juvenile offenders have mental health needs, Texas has implemented the Special Needs Diversionary Program (SNDP). This program, available in 28 counties, provides mental health support to children who have committed crimes and their caregivers, allowing the youth to continue living at home rather than in a TJJD facility.
SNDP services include anger management therapy, life skills training, family and individual counseling, medication management, psychological counseling, drug or alcohol abuse intervention and treatment, and group therapy.
Long-Term Consequences of Juvenile Crimes in Texas
While the juvenile justice system aims to rehabilitate rather than punish, it’s important to understand that juvenile crimes can have long-lasting consequences.
Record Sealing and Confidentiality
Although juvenile records are generally confidential, they’re not automatically sealed. In some cases, these records can affect future educational and employment opportunities. However, Texas law does provide opportunities for record sealing under certain conditions.
Impact on Education
A juvenile offense can disrupt a child’s education, potentially leading to academic setbacks. Some schools may also take disciplinary action based on off-campus criminal behavior.
Future Criminal Proceedings
If a juvenile offender commits a crime as an adult, their juvenile record may be considered during sentencing, potentially leading to harsher penalties.
Employment and Housing
Even sealed juvenile records can sometimes be accessed by certain employers, particularly in fields like law enforcement or education. Additionally, some housing applications may ask about criminal history, including juvenile offenses.
The Role of Family Support
At Cowboy Law Group, we can’t stress enough the importance of family involvement in a child’s rehabilitation. The TJJD recognizes this too, with each of its facilities having unique strategies and events to encourage family participation. These might include:
- Family orientation sessions
- Family Counseling
- Parent support groups
- Family visitation days
Each high-restriction facility has a Family Liaison to assist families in staying involved in their child’s treatment and making informed choices regarding their child’s Individual Case Plan (ICP).
Prevention and Early Intervention
While understanding the consequences of juvenile crime is crucial, prevention is always preferable. TJJD funds prevention programs through 21 juvenile probation departments. If you’re concerned about your child’s behavior or they’re showing signs of getting into trouble, it’s worth exploring these resources early.
Contact Our Texas Juvenile Defense Attorneys Today
Navigating the juvenile justice system in Texas can be overwhelming for both children and their families. The consequences of juvenile crime can be severe and long-lasting, but with the right support and intervention, many young people can get back on track.
At Cowboy Law Group, we’re committed to helping families understand their options and rights within the juvenile justice system. If your child is facing charges, it’s crucial to seek legal representation early in the process. An experienced juvenile defense attorney can help ensure your child’s rights are protected and work towards the best possible outcome.
Remember, the goal of the juvenile justice system is rehabilitation, not punishment. With the right approach and support, many young offenders can turn their lives around and move past their mistakes. If you’re dealing with a juvenile offense in Texas, don’t hesitate to reach out for help.
Contact us today for a free case review by calling 832-326-2932 or using our online form.
