Texas Juvenile Crime Laws: What Parents Should Know

Is Your Child In Legal Trouble?

As a parent, your priority is raising your child to be an upstanding member of the community while at the same time, protecting them from the evils of the world. Sometimes, no matter how hard you try, trouble comes knocking, and it can feel like you are out of options. But what should you do when that trouble comes in the form of an officer who is claiming your child is suspected of committing a crime?

We are raised with the idea that we should trust the cops, no matter what. But what happens when the cops say one thing and your child says something else? If your child is being investigated, has been arrested, or you have a question about laws and their impact on juveniles, call Shane Phelps Law at 979-596-6843 to speak with a compassionate criminal defense attorney.

How Is the Juvenile Justice System Different From the Adult System?

In Texas, a juvenile is defined as anyone between the ages of 10 and 16 who is alleged to have committed a criminal offense. Once a child turns 17, they are considered an adult under Texas state law, even if the offense was minor.

The juvenile justice system in Texas is structured very differently from the adult system. Instead of focusing on punishment, it prioritizes rehabilitation, aiming to steer minors away from reoffending and toward better choices.

Some key differences include:

• Terminology: Juveniles are “adjudicated delinquents,” not “convicted.” They’re sent to “detention,” not “jail.”
• Privacy: Juvenile records are often confidential, unlike adult records, which are public.
• Sentencing goals: Juvenile courts are more focused on counseling, education, and community service rather than incarceration.
• Courtroom procedures: Juvenile court tends to be less formal, but still follows due process. In some cases, juveniles are not even entitled to a jury trial.
• Judicial discretion: Judges often have more flexibility in juvenile cases, which can result in more personalized, effective outcomes.

Understanding these differences is crucial when navigating the system as a parent.

What Should You Do Immediately After Your Child Is Arrested?

If your child has been arrested in Texas, the most important thing you can do is stay calm and act quickly. Juvenile cases move fast, and mistakes made early on can have lasting consequences. The first priority is protecting your child’s legal rights, which means avoiding the instinct to explain things or defend them on the spot.

Do not let your child speak with law enforcement without having an attorney present. Even if you think your child is innocent, statements made without legal representation can be misinterpreted and used against them. It’s not your job to “clear things up” or speak on behalf of your child. Police are trained to get the information they need, even through bullying, and what you say could complicate your child’s case.

Instead, focus on these steps:

1. Find out where your child is being held and the exact charges against them.
2. Remain respectful but firm with officers; ask for all information in writing.
3. Contact a juvenile defense attorney as soon as possible. Shane Phelps Law offers a free consultation for worried parents: 979-596-6843.
4. Do not post about the incident online or speak publicly until you have consulted with an attorney.

What Are Your Legal Options When Police Want to Question Your Child?

Texas law allows police to question minors, but that doesn’t mean your child has to answer. In fact, they have the right to remain silent and request an attorney, just like an adult. They also have the right to have a parent or guardian present during any questioning.

Here’s what you should do:

• Immediately tell officers that your child will not answer questions without an attorney present.
• Insist on being present if any questioning proceeds.
• Do not assume that being cooperative will help. Anything you or your child says can be twisted or taken out of context.
• Reassure your child that staying silent is not the same as admitting guilt. It is their right, and it will protect them.

The goal isn’t to obstruct justice, it’s just to make sure your child isn’t pressured into saying something that could hurt their case.

Can A Parent or Guardian Be Held Accountable for Their Child’s Crimes?

In some Texas cases, parents and legal guardians can be held civilly or even criminally responsible for their child’s actions, especially when it comes to property damage, theft, or school-related incidents.

Under the Texas Family Code, parents may be liable for up to $25,000 in damages caused by a child’s willful or malicious actions. In criminal matters, if a parent contributes to delinquent behavior, for example, neglecting supervision, they could face criminal charges like “contributing to the delinquency of a minor.” While kids are the ones being charged, parents are of pulled into the legal aftermath.

How Can a Criminal Defense Attorney Help You Protect Your Child?

When your child is facing criminal charges, the outcome can affect their entire future. College admissions, scholarships, jobs, housing, and even military service can all be put at risk.

A skilled juvenile defense attorney can help protect your child’s future by:

• Challenging the legality of the arrest or any searches
• Ensuring your child’s rights aren’t violated during questioning or throughout the investigation
• Negotiating alternatives to detention, like diversion programs or community service
• Fight to keep the case in juvenile court instead of moving to adult court
• Seeking record sealing or expungement whenever possible

This is about more than beating criminal charges; this is about protecting your child’s future. At Shane Phelps Law, we fight to keep your child’s record clean and their future intact. Call 979-596-6843 today for a free, confidential consultation.