Criminal Defense
Juvenile Defense
Representation of children and teens in juvenile court for delinquent conduct and conduct in need of supervision.
Juvenile cases in Texas are handled in juvenile court, which operates under the Texas Family Code rather than the Code of Criminal Procedure. The procedural and substantive differences matter enormously: juveniles have different rights, different sentencing options, and the goal is rehabilitation rather than punishment - at least in theory.
A finding of "delinquent conduct" can still bring serious consequences: probation (community supervision), commitment to the Texas Juvenile Justice Department (TJJD), determinate sentences in serious cases that can extend into the adult system, and certification to be tried as an adult in the most serious cases. Even where the consequences are less severe, school discipline, future employment, and college admissions can all be affected.
The juvenile system has unique procedural protections: detention hearings within specific timeframes, special rules around statements made to police and probation officers, the right to a jury trial in certain situations, and the right to counsel at every critical stage. Parents and guardians have specific roles in the process as well.
We represent children and teens facing juvenile charges across South Texas. Our work includes detention advocacy, motions to suppress, contested adjudication hearings, disposition (sentencing) advocacy, and post-disposition motions to seal records when the juvenile becomes an adult.
Common scenarios
Situations we see often
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School-based assault referral to juvenile court
A fight at school leads to a referral to juvenile probation. School discipline and the juvenile case proceed in parallel.
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Theft or shoplifting allegation against a teen
A teen is detained at a store for a small-value theft. First-offender programs and informal adjustment can keep the case out of formal court.
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Drug possession at school
A small amount of marijuana or another substance is found on a student. Both the juvenile case and the school disciplinary process need attention.
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Serious felony allegation with potential certification as adult
A serious offense involving a juvenile aged 14 or older may face a certification hearing to be tried as an adult. The hearing is the most consequential moment in the case.
What to do
If this happens to you
Do not let your child speak to police or probation without counsel. Juveniles have the right to remain silent and the right to an attorney. The fact that they "have nothing to hide" does not protect them from statements being misinterpreted or used at adjudication.
Contact a lawyer before the first detention hearing. Detention hearings happen quickly under the Texas Family Code, and the outcome of the first hearing sets the tone for the rest of the case.
How we help
How our firm can help
We push for the least restrictive outcome at every stage: release from detention, informal adjustment when available, deferred prosecution, and dismissal where the evidence does not support adjudication. We engage with schools to coordinate school disciplinary defense alongside the juvenile case.
We work toward sealing records on or before the child's 18th birthday, where eligible, so the juvenile case does not follow them into college applications, employment background checks, and the rest of their adult life. For serious cases, we focus on avoiding TJJD commitment and certification as an adult.
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~30,000
juvenile justice referrals in Texas annually
Texas Juvenile Justice Department, FY2022
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17
age of adult criminal responsibility in Texas (one of only a few states that uses 17)
Tex. Penal Code 8.07; Tex. Fam. Code 51.02
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14
minimum age for certification to adult court for capital, aggravated controlled-substance, or first-degree felonies
Tex. Fam. Code 54.02
Common questions
Questions about Juvenile Defense
What is the difference between juvenile court and adult criminal court?
Juvenile court applies to children ages 10 through 16 in Texas (with some exceptions). It uses the Family Code, focuses on rehabilitation, and offers different procedural protections and dispositions. Adult court applies once the person turns 17 (or earlier if certified).
Can a juvenile record be sealed?
Many juvenile records can be sealed automatically or by motion once certain criteria are met, often including a passage of time and no subsequent offenses. We file the motion to seal when eligible so the record does not affect the child's adult life.
What is "certification as an adult"?
For certain serious felonies committed by juveniles age 14 and older, the state can ask the juvenile court to "certify" the case to adult court. The hearing involves evidence on the seriousness of the alleged offense, the child's sophistication and maturity, prior history, and prospects for adequate protection and rehabilitation.
Will my child have a criminal record?
Juvenile adjudications technically are not criminal convictions, but they are records that can affect employment, housing, and other opportunities until sealed. Some juvenile records carry over for use in adult court at certain stages.
Related topics
More under Criminal Defense
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.