Austin Juvenile Defense Lawyers

Defending Minors Against Juvenile Charges in Travis County, Texas

If your child is under 18 and is arrested for a crime in Texas, they will likely be charged as a juvenile. 

Should this occur, a parent or guardian will have many questions: 

• Will my child go to jail? 
• Will my child have a permanent criminal record? 
• How is the juvenile justice system different from the criminal justice system? 

While the purpose of juvenile charges is to rehabilitate, rather than punish, that does not make the experience any easier or less stressful. At Smith & Vinson Law Firm, we understand the unique challenges faced by youth in the criminal justice system. Our experienced attorneys are dedicated to helping young people and their families navigate these difficult situations and secure the best possible outcome for their future. If your child is facing criminal charges in Travis County, Williamson County, or Hays County, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, or anywhere throughout Texas, contact us today to learn more about how we can help protect your child's future.

Contact our Austin juvenile defense attorneys today by calling (512) 359-3743!

Understanding Juvenile Offenses in Texas

What Is a Juvenile Offense?

The term “juvenile offense” means any offense committed by someone between the ages of 10 and 16. For a minor offense, children are often given a warning. However, their case can also be referred to a probation officer. For a serious offense, the district attorney may file charges. For serious criminal charges, a juvenile can be certified and tried as an adult. In these cases, if convicted, the juvenile could have a permanent criminal record and face possible prison time.

What Is a Certification Hearing?

If your child is over 14 and has either committed a serious offense or has a history of juvenile offenses, they may be tried as an adult. Before this can happen, a certification hearing will be held. The judge will fully investigate your child’s case and determine whether your child should be tried as an adult. If your child is in trouble and is facing juvenile charges, it is important that you have a competent Austin juvenile defense attorney at your side.

What Are My Child’s Rights?

When a child is taken into custody, their parents must be notified. The child is then allowed two phone calls to a parent or guardian. Your child has all the same Constitutional rights as an adult in a similar situation.

What Are My Rights as a Parent?

Once your child arrives at a juvenile facility, you have the right to visit your child and speak to them privately. You must also be notified of any proceedings involving your child.

What Is the Investigative Process in Juvenile Cases?

Once your child has been taken into custody, a probation officer will conduct an investigation. The probation officer will interview the child and evaluate their relationships, history with substance abuse, and a number of other factors before giving a recommendation as to what type of sentence should be offered. The probation officer will then complete a summary report that will be forwarded to the prosecutor handling the case. An experienced Austin juvenile crime attorney can and should obtain a copy of this report, review it, and negotiate with the prosecutor on your child’s behalf.

What Is the Delinquency Petition?

Most juvenile charges are addressed through a delinquency petition. During this process, the judge will conduct a hearing to determine whether your child committed the alleged act. If the judge concludes that your child did commit the offense, they will then decide on the most appropriate sentencing option.

Alternative Sentencing Options for Juvenile Crimes in Texas

When a young person is charged with a crime, the consequences are life-altering. Traditional sentencing options can often hinder a juvenile's future prospects, making it difficult for them to reintegrate into society and lead a productive life. Fortunately, there are alternative sentencing options available that can provide a more rehabilitative approach.

Diversion Programs

Diversion programs are designed to redirect juvenile offenders away from the traditional justice system and into a more rehabilitative environment. These programs often involve counseling, education, and community service, which can help address the root causes of a young person's criminal behavior.

The Texas Juvenile Justice Department (TJJD) offers a variety of diversion programs, including:

• First offender programs
• Community service restitution
• Mediation & conflict resolution
• Substance abuse treatment
• Mental health services

Successful completion of a diversion program can result in the dismissal of charges or a reduction in penalties, making it a valuable option for juveniles facing criminal charges.

Deferred Prosecution

Deferred prosecution allows a young person to avoid formal adjudication by agreeing to complete requirements, such as counseling, community service, or restitution. If the juvenile offender successfully completes the deferred prosecution program, the charges against them will be dismissed, and the juvenile offender will have the right to seal their records. The TJJD provides guidelines and resources for implementing deferred prosecution programs in Texas.

Probation

Probation allows young offenders to serve their sentence under supervision in the community, rather than under incarceration. Probation can include various conditions, such as attending school or participating in counseling. The length of probation and specific conditions will vary depending on the nature of the offense and the individual needs.

Restorative Justice

Restorative justice aims to repair the harm caused by crime through reconciliation and restitution. In Texas, restorative justice programs can be used as an alternative sentencing option. These programs typically involve face-to-face meetings between the offender, the victim, and community members. During these meetings, participants discuss the impact of the crime and collaboratively develop a plan for making amends.

Residential Treatment Programs

Residential treatment programs provide a structured, therapeutic environment where young people can receive counseling, education, and other services designed to address their specific needs. These can be particularly beneficial for juveniles struggling with mental health or substance abuse issues.

Common Mistakes Parents Make When Their Children Face Juvenile Criminal Charges

When a child is involved in the juvenile justice system, parents may inadvertently make decisions that can negatively impact their case or their child's future. Understanding these common mistakes can help ensure that families navigate this challenging time more effectively.

• Not Seeking Legal Representation: One of the most significant errors parents make is not hiring a qualified attorney. Without experienced legal counsel, parents may be unaware of their child's rights or the potential consequences of the charges. A skilled juvenile defense lawyer can provide invaluable guidance and advocate for the best outcomes.
• Speaking to Law Enforcement Without Guidance: Another common mistake is allowing children to speak with law enforcement without the presence of a parent or lawyer. Young individuals may not fully understand their rights or the implications of their statements, potentially leading to self-incrimination or misunderstandings that can harm their case.
• Underestimating the Impact of Juvenile Charges: Parents often underestimate the long-term effects that a juvenile charge can have on their child's future. A conviction can lead to a criminal record, affecting educational opportunities, employment prospects, and more. It's crucial to take all charges seriously and to seek professional help.
• Being Uninformed About the Juvenile Justice Process: Failing to educate themselves about the juvenile justice system and the specific processes involved can leave parents feeling helpless. Understanding the steps, from arrest to potential sentencing options, can empower families to make informed decisions and take an active role in the defense of their child.
• Allowing Emotions to Drive Decisions: In high-pressure situations, emotions can cloud judgment. Parents may react impulsively or make decisions based on fear rather than reason. It is important to stay calm, seek advice from professionals, and consider the long-term implications of any actions taken.

By avoiding these common pitfalls, parents can better support their children and advocate for a more favorable resolution to their legal challenges.

How an Austin Juvenile Defense Attorney Can Support Your Family

In a juvenile criminal case, one option is to attempt to get the case dismissed by evaluating whether the State violated your child’s constitutional rights. Another option is to seek a deferred prosecution agreement. If your child does not favor these options, they have the right to a trial, where the State must prove its case beyond a reasonable doubt.

Regardless of the option you pursue, an Austin juvenile defense attorney can be an invaluable asset. At Smith & Vinson Law Firm, our attorneys are well-versed in the juvenile justice system and the specific laws that apply to minors. We will explain the legal process to you and your child, ensuring you understand your rights and options.

Next, we will evaluate the details of your child's case to develop a strategic defense, considering all evidence, witness statements, and legal precedents. We can negotiate with prosecutors to seek reduced charges or alternative sentencing options that may be more appropriate for your child's situation. In court, we will present compelling arguments and evidence to support your child's case. By advocating for your child's rights, we aim to ensure fair treatment.

Contact Our Travis County Juvenile Crime Lawyers: (512) 359-3743

Historically, juveniles in Texas were treated as individuals in need of rehabilitation. However, in recent years, Texas courts and prosecutors have shifted away from this approach. A juvenile record can now follow a child into adulthood, making it significantly more challenging to get into college, join the military, or find employment. Therefore, it is crucial to aggressively fight any juvenile charges. Our Austin juvenile defense attorneys serve clients in Austin, Williamson County, Travis County, Hays County, and the surrounding areas in Texas. At Smith & Vinson Law Firm, we take juvenile charges seriously and are committed to vigorously defending your child's constitutional rights!