In this article, you can discover…
- Whether a juvenile could be charged as an adult for certain criminal offenses in Texas.
- The legal rights a juvenile has during hearings and transfers in Texas.
- How a juvenile defense attorney can help if your child is facing serious charges.
What Criminal Offenses Can Cause My Child To Be Certified And Tried As An Adult In Texas?
If your son or daughter is 15 years old at the time committed, they can be charged as an adult for any felony offense. Examples include perjury, aggravated perjury, capital murder, murder, manslaughter, criminally negligent homicide, possession of a large quantity of a controlled substance with the intent to distribute, and the aggravated sexual assault of a child.
If your son or daughter is 14 years old, they could be tried as an adult only if they are facing capital murder charges, an aggravated controlled substance felony, or a first degree felony.
How Does A Texas Juvenile Court Decide Whether To Transfer My Child’s Case To Adult Criminal Court?
To transfer your child’s case to adult criminal court, the court has to make several findings. First, there must be probable cause to believe the offense was committed by your child. Next, the seriousness of the offense must be such as to suggest that the welfare of the community is at risk, or else your child must have a serious criminal history in their background.
If either of these factors applies, a judge may conclude that public safety requires that your child be released from juvenile jurisdiction into the adult community, where there will be far more serious consequences if they are found guilty.
What Happens During a Transfer Hearing, And What Rights Does My Child Have?
The transfer hearing happens before a juvenile court judge to decide whether or not to move your child’s case to adult court. The State must prove there is probable cause that your son or daughter committed the crime in question, and will then present arguments that the alleged crime or your child’s criminal background is serious enough to warrant moving the case to the adult system.
The State may ask for written reports from the Juvenile Probation Department or order experts to testify about your child’s mental health to make their arguments.
Your child has a right to a hearing and the right to an attorney. The role of an attorney during the hearing, in part, will be to fight back and argue that the juvenile system (which emphasizes rehabilitation), not the adult legal system (which is much harsher and emphasizes punishment), is the appropriate place for your child’s case to move forward.
Attorney Matthew Maddox is a focused, experienced juvenile criminal defense attorney serving Texas. Since 1996, he’s helped children just like yours avoid the adult criminal justice system, giving them a second chance after serious felony charges.
Have questions, or in need of legal representation for your child? Reach out to Maddox Law, PLLC for an initial consultation today.
What Are The Long-Term Consequences Of Adult Criminal Sentencing For Minors?
The consequences for adult criminal sentencing are massive for juveniles and are best explained as “top-end” consequences. To provide some context, if your son or daughter is tried in the juvenile system, the most likely outcome is that they will be placed on probation, which lasts until they are 18.
In more serious felony-level cases, a judge may have your child committed to the Texas Juvenile Justice Division, which operates the Texas child prison system. This would last until they are 19 years old, and is quite rare.
But if your child is tried within the adult court system, they’ll be looking at far more serious consequences. First-degree felony convictions carry at least five years in prison, and in some cases, a 14-year-old could be looking at life in prison for the most serious crimes.
No one can be put to death when they committed a death-eligible offense under the age of 18 under both Texas law and US Supreme Court precedent.
How Can A Juvenile Defense Attorney Fight To Keep My Child’s Case In Juvenile Court?
If your child is accused of a felony, contact an attorney immediately. This will be a far more serious case with far worse consequences than your child would face under a misdemeanor. While the court can and will appoint a lawyer for your child, it is best to reach out to a respected attorney with a good track record of handling juvenile cases successfully and keeping them out of the adult legal system.
It’s worth it to get in touch with someone who can argue well, examine the case closely, and present compelling evidence to help keep your child’s case in the juvenile court system. A transfer to the adult court system could land your child in prison for years, if not for life. And Texas prisons can be incredibly tough. Your child will have the worst experience in prison that you can possibly imagine.
For example, there is no air conditioning in 75% of the housing areas of male prisons, and temperatures can reach 110 degrees in Texas in the Summer. If your child has been charged with a felony, get in touch with a seasoned juvenile criminal defense lawyer immediately.
Still Have Questions? Ready To Get Started?
For more information on Texas juvenile certification laws, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (972) 427-5473 today.
Attorney Matthew Maddox is a focused, experienced juvenile criminal defense attorney serving Texas. Since 1996, he’s helped children just like yours avoid the adult criminal justice system, giving them a second chance after serious felony charges.
Have questions, or in need of legal representation for your child? Reach out to Maddox Law, PLLC for an initial consultation today.
