Understanding Juvenile Justice in Texas – Wilkerson & Campbell Law

Texas maintains a distinct and complex system for handling juvenile offenders, emphasizing both accountability and the opportunity for rehabilitation. At Wilkerson & Campbell, we are dedicated to safeguarding the rights of minors entangled in the justice system and navigating the specialized procedures and protections afforded under Texas juvenile law. (Texas Juvenile Justice Department)

What Constitutes Juvenile Offenses in Texas?

In Texas, individuals between the ages of 10 and 17 can be charged under the juvenile justice system. Juvenile offenses are categorized similarly to adult crimes but are adjudicated in juvenile court unless certified for adult prosecution. Common juvenile offenses include: (Findlaw, Texas Juvenile Justice Department)

• Theft, burglary, and property crimes

• Assault and other violent offenses

• Drug possession or distribution

• Underage drinking or driving-related infractions

• Sexual offenses

• School-related incidents such as disorderly conduct or truancy

It is important to note that children under 10 cannot be held criminally responsible in Texas and are typically referred to child welfare services if they engage in illegal behavior.

The Juvenile Justice Process in Texas

The juvenile justice process in Texas is uniquely designed to focus on rehabilitation rather than punishment. Key stages in the process include:

1. Detention Hearing: Held within 48 hours of arrest (excluding weekends), this hearing determines if the juvenile should be held or released pending further proceedings.

2. Adjudication Hearing: Equivalent to a trial, where a judge determines if the juvenile committed the alleged offense.

3. Disposition Hearing: If the juvenile is adjudicated delinquent (found guilty), the court decides on appropriate consequences, which may include probation, placement in a treatment facility, or commitment to the Texas Juvenile Justice Department (TJJD). (TJJD Handbook)

In most cases, juveniles are not tried by a jury. Judges oversee both the adjudication and disposition hearings.

Juvenile vs. Adult Certification

In certain serious cases, Texas law allows a juvenile court to certify a minor as an adult, allowing prosecution in the adult criminal justice system. This typically applies to offenders aged 14 or older accused of violent felonies such as:

• Murder or attempted murder

• Aggravated sexual assault

• Aggravated robbery

• Use of a deadly weapon during a felony

The decision to certify a juvenile depends on several factors, including the severity of the crime, prior history, and the likelihood of rehabilitation. (Texas Family Code, Section 54.02)

Rehabilitation and Diversion Programs

Texas emphasizes alternatives to incarceration through diversion programs and community-based rehabilitation. These include:

• Counseling and mental health services

• Substance abuse treatment

• Educational and vocational training

• Restorative justice programs

• Deferred prosecution agreements for first-time or low-risk offenders

Such programs aim to address the root causes of delinquent behavior and prevent reoffending.

Sealing and Expunging Juvenile Records

One of the benefits of the juvenile system is the opportunity to seal or expunge records, protecting minors from lifelong consequences of youthful mistakes. In many cases, juvenile records in Texas can be sealed if:

• The offense was not a serious felony

• The juvenile completed their sentence or program

• A certain time has passed without further legal trouble

• The individual is at least 18 years old

Having a juvenile record sealed can significantly improve future opportunities for employment, education, and housing.

Our Commitment to Protecting Your Child’s Future

At Wilkerson & Campbell, we understand the stress and uncertainty that come with juvenile legal proceedings. Our experienced attorneys work closely with families to guide them through every stage of the process — from detention hearings to sealing records. We are committed to protecting your child’s rights and securing the best possible outcome, whether through diversion, rehabilitation, or courtroom advocacy.

If your child is facing juvenile charges, contact us at 844-849-9789 to schedule a confidential consultation. We are here to offer compassionate, strategic, and experienced legal support when your family needs it most.