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When Your Child is Charged: How to Handle Juvenile Crimes

Jason Babb • Dec 11, 2023

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The Office of Juvenile Justice and Delinquency Prevention (OJJDP) puts the number of national juvenile arrests at nearly 425,000. In Texas, there is a specialized legal process in place for juveniles. This raises an important question: How should you handle a juvenile case when your child is charged with a crime? The answer depends on a number of different factors. Our Richardson juvenile justice lawyer helps clarify the matter by providing an in-depth guide to handling a case when your child is charged with a crime in North Texas. 


Background: Texas Law Defines a Juvenile as 10 to 16 (A 17-Year-Old is an Adult)


Who is a juvenile in a criminal case? In Texas, the legal definition of a juvenile is a child within the age range of 10 years old to 16 years old. Texas law recognizes that children and teenagers in this bracket—while still responsible for their actions—generally do not possess the full maturity and judgment of adults. In other words, the legal system approaches juvenile crimes with a blend of accountability and an opportunity for rehabilitation, distinct from adult offenders. 


For 17-year-olds, Texas has some of the most harsh juvenile justice laws in the entire country. Once a child reaches the age of 17, they are considered an adult in the eyes of the criminal law system in Texas. Our state is one of the only jurisdictions in the entire country that treats 17-year-olds as adults. It is a distinction that carries significant implications. A 17-year-old, despite still being a minor in many other legal contexts, will face the adult criminal justice system if charged with a crime. Understanding the difference is vital for parents and guardians navigating these cases. 


Most Juvenile Criminal Cases in Texas Involve a Delinquency Petition


In Texas, the majority of juvenile criminal cases initiate with the filing of a delinquency petition. A juvenile delinquency petition is a legal document that serves as the formal accusation against a juvenile—alleging their involvement in criminal conduct.  It typically contains details of the alleged offense and the minor's involvement. Unlike adult criminal proceedings, where charges are framed in terms of specific criminal statutes, delinquency petitions focus on the act of delinquency itself. The aim is to address the behavior of the juvenile rather than strictly punishing the crime. 


The Exception (14+ and Major Felonies):
In Texas, a major exception applies in the juvenile justice system for those aged 14 and older who have been accused of major felonies. Juveniles in this age group charged with serious felonies—with common examples being aggravated assault, robbery, carjacking, and homicide—may face the possibility of being tried as adults. This shift from the juvenile to the adult court system means these youths could be subject to the same penalties as adults—potentially including a lengthy prison sentence.


How to Handle a Juvenile Crime Case in Texas


For parents, there are few things more stressful than finding out that your child is facing criminal allegations. A proactive approach is essential when handling a juvenile arrest. While young people have many options available, they also still face major risks from the criminal justice system. Parents and guardians in North Texas should not assume that everything will work out on its own. Here are some important steps to take when handling a juvenile case: 


  • Understand the Circumstances Your Child is Facing: To start, parents should make sure that they grasp the specifics of their child's situation. Among other things, this includes understanding the nature of the charges, the legal definitions involved, and the potential consequences. Awareness of the legal nuances, including age-related laws and the nature of the alleged crime, can help. 
  • Consult With a Texas Juvenile Criminal Defense Lawyer: A juvenile criminal matter is complicated. You and your family do not have to take on the system alone. You need a high-level attorney on your side. A skilled North Texas juvenile criminal defense lawyer attorney can provide crucial guidance, represent your child’s interests in court, and offer expert advice on the complexities of the juvenile justice system.
  • Work to Keep Your Child’s Case Out of Adult Criminal Court: If your child is facing charges for a serious felony, and he or she is 14 or older, there is a risk they could be tried as an adult. Parents should vigorously advocate to keep the case within the juvenile system. Remember, there are major advantages to having your child’s case handled through a juvenile delinquency petition. 
  • Limit the Adverse Consequences for Your Child, Get Them Resources: Aim to minimize the negative impact of the proceedings on your child’s future. Collaborate with your lawyer to explore all avenues for mitigating consequences—such as engaging in community service or undergoing counseling. You should seek resources like therapy or educational support to address underlying issues that may have contributed to the underlying issue. Being involved in the process can make a big difference for your child. 
  • Post-Case Seal Your Child’s Criminal Records to the Maximum Extent Possible: After the case concludes, it is important to protect your child’s future prospects. Work with your Texas juvenile criminal defense attorney to seal your child’s criminal records. Doing so can help in preventing these records from adversely affecting future employment, education, or other opportunities. In Texas, most juvenile criminal records can be sealed. 


Contact Our Juvenile Defense Attorney in North Texas 


At JBABB Law, our Richardson criminal defense lawyer is an experienced advocate for juveniles. Our legal team has a deep understanding of the juvenile justice process in Texas. If your child was arrested and is facing any type of juvenile offense, we are more than ready to help.
Contact our criminal defense law firm for your family’s completely confidential consultation. From our Richardson law office, we provide juvenile defense representation throughout all of North Texas. 

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