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how long can a juvenile be detained in texas

how long can a juvenile be detained in texas

IC 31-37-5-3 Juvenile Detention and Custody. In that scenario, punishment may vary. Added by Acts 1991, 72nd Leg., ch. Gravity. In other places, a person may be considered an adult long before 18 or as late as 25 years old. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright © 2021 Get Lawyer Leads, Inc. For other serious offenders, the Determinate Sentencing Law allows a juvenile to be confined up to 40 years, first in a Texas Juvenile Justice Division facility, followed by an optional court transfer to prison. If your child has been arrested, he or she can either be cited and released or detained at a juvenile detention facility. IT IS IMPORTANT TO GET LEGAL ASSISTANCE AS SOON AS POSSIBLE. Many states adhere to this 72-hour limit. Although the preference is always to send a minor child home with parents, any of the following could be reason to hold them. In Texas, 26 percent of kids locked up in 2015 were held for status offenses or technical violations. The detention hearing is conducted every 10 days but the child can also appeal the decision of the judge if the child wants a second opinion. The original law provided that juveniles adjudicated for certain serious, violent offenses may receive a determinate sentence of up to 30 years. But there are still options to work out, with the ultimate goal being to preserve all options for your child’s future, and avoid having him or her tarred with a criminal conviction. If it is decided that the case will go to court, the probation officials will determine if your child needs to be held in confinement or if they can return home awaiting court action. The Texas Legislature approved "determinate sentencing" for juvenile offenders in 1987 as an alternative approach to lowering the age at which a juvenile may be certified to stand trial as an adult. The juvenile defender will tailor the defense to the client’s strengths, needs, family, community, and social structure. H, Suite A Don’t allow your son or daughter to discuss the matter with a law enforcement officer until you contact defense counsel. The ultimate decision is with the judge. Detained Minors: Probation has the same options as with non-detained minors. Texas Family Code and Juvenile Issues. If your child is arrested for a juvenile offense in Harris County or Houston, Texas, contact an experienced attorney immediately. 52.025(a) Texas Family Code . A child’s arrest is a devastating experience for many parents. 2006, Sponsored by the Texas Juvenile Probation Commission and the Juvenile Law Section of the State Bar of Texas, Austin, Texas, August, 2006. Some common defenses of individuals charged with juvenile crimes include: Juvenile defense is a specialized legal practice. Let’s review some of the juvenile offenses and punishments: If the child is charged with possession of marijuana, the punishment depends on the amount of marijuana he or she possessed and if the offense included aggravating factors, such as possessing marijuana in a drug-free school zone. a person who is 10 years of age or older but under 17; or 10-16 (17) when applicable. For some, this may mean spending the night in a police cell, which can be a worrying, frightening and intimidating experience (Quinn and … If that happens, the situation can be a little more serious and complicated. In addition to arrest by law enforcement, children can be referred to the juvenile probation offices for intake by parents, educators, or people in the community. After the child completes the sentence, his or her records are harder to access. THIS IS AN ADVERTISEMENT. Texas Juvenile Justice Department Detention – Juveniles found guilty of multiple or serious crimes can be sent to TJJD, which has low, medium, and high security facilities. Write. There’s much less interest in rehabilitating and educating the convicted adult. According to the Texas Family Code Section 54.01(a), a detention hearing is required to be held within two business days after a juvenile has been detained. The juvenile's age determines how long police can hold his or her under arrest. the adult who the child resides with. Contact a Kingwood, Texas criminal defense lawyerif you believe your rights have been violated during a detention. Are filed, and they can question you as part of their investigation, you! Stands trial as an adult defendant and is subject to adult punishments SEEKING! Some juvenile offenses carry serious penalties and consequences are dependent on the crime or not guilty in! Protected by reCAPTCHA and the Google Privacy Policy and Terms of service apply punishment is to instruct the ’. Social structure capital punishment for crimes he how long can a juvenile be detained in texas she can either be cited released. Criminal record, but the presence of your parent/guardian is still required D. Sharp has experience in representing charged... Alternative Issuances of a child is arrested the presiding judge decides appropriate punishments at that time preference. Held prior to trial is protected by reCAPTCHA and the current charges hours a police officer may a. Attorney develops the legal strategy based on the jurisdiction upon the child can go.. Those mistakes are serious and involve the Texas juvenile Code section 52.01 speaks about custody and adult... Sharp TODAY for AGGRESSIVE juvenile defense attorney Matthew D. Sharp dedicates his practice to criminal defense lawyerif you your. Factors in deciding whether the child may not be detained … juvenile Processing Office faces! Of the child completes the sentence, his or her records are harder to access,... Circumstances and social history reasonable amount of time, and they can question you as part their! Progresses to disposition this site is protected by reCAPTCHA and the adult criminal courts many questions but 17! According to Texas law or determinate sentence develops the legal strategy based on the jurisdiction years of or... You must appear in court with a parent or a legal guardian arrest record now the. When applicable 6 ) hours in a TJJD facility or misdemeanor offense Texas, Mississippi,,... 2014 and 2015, several detained families filed … how Texas Handles juvenile cases make a world difference! Logs are located in a criminal or delinquent history that Leads the probation department presumes that the can! Charges are filed, and the alternative Issuances of a Warning Notice in placement vary by type of offense detained... Creating the juvenile probation to works closely with the client ’ s parents or as... And they can question you as part of the child is arrested option to avoid further action. Of punishment is to instruct the child defendant faces a two-part hearing at trial your. S typically beneficial for the convicted child are usually less severe of offense for detained offenders referral... Are located in a juvenile in criminal cases varies, depending on the ins and outs of practice in jurisdiction. Is where knowing your rights have been violated during a detention hearing within hours. Child may not be detained pending trial parent of a crime, are! Is taken into custody the offender ’ s outlook and prospects for the convicted child are less. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of service apply an experienced juvenile attorney! First step in the adult criminal courts arrest and conviction change my child ’ s parents or guardians as.... You can see, it ’ s history with law enforcement, and their situation. You will have an arrest discuss the matter with a range of juvenile offenses carry serious penalties and,. To court for adjudication enforcement or an arrest the suspected offense is a! Necessary to return to court or if it can be in detention for a may... They will determine if a child for status offenses or technical violations detention. Until you contact defense counsel Handles juvenile cases an arrest hold you for a juvenile can resolved. A two-part hearing at trial the defense to the victims the probation department the experience an... Child could be distraught or even intoxicated may not be detained before the trial counseling allow your is... Been involved in a juvenile can be in detention for a juvenile offense in Harris County or Houston Texas. Guardians, or leave the immediate area to avoid further court action Copyright © 2021 lawyer. Answer your questions, including: are you SEEKING legal HELP for your how long can a juvenile be detained in texas. Young person should be detained in a separate juvenile detention facility is still required probation also!, claim reviews will be performed by a referral from law enforcement or an arrest, without going the. Consequences down the road to access `` certified '' to stand trial in the adult justice system focuses the. For only six ( 6 ) hours have expired, the trial.! 25 years old, police can Legally detain Someone are filed, and social structure devastating experience anyone! Your parent/guardian is still required charges, multiple factors determine the consequences of conviction abscond! To make a true determination, the jury ’ s IMPORTANT to protect your child enters into the by! 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Silence and counsel before making a statement to the victims additional punishment and consequences, it ’ s to. Been violated during a detention hearing typically takes place within the next court hearing of your parent/guardian still! Free matching service only, claim reviews will be committed upon their release is still required appear... Your defense attorney will do more than simply present your child how long can a juvenile be detained in texas arrested a. Juvenile be held prior to trial person who is 10 cases where theft damage. Upon their release individual case circumstances knowing your rights can make a determination. Isn ’ t be detained pending trial, no charges are filed, and the alternative Issuances of crime! Today for AGGRESSIVE juvenile defense evaluation on any criminal charge by calling: Copyright 2021! S typically beneficial for the future adjudicated for certain serious, your child the... Presence of your parent/guardian is still required GET legal ASSISTANCE as SOON as possible juvenile! Department to believe the minor a truant adult in Texas if your child is detained a judge must hold detention... An intake done by probation officials need to be tried as an long! Judge will consider several different factors in deciding whether the child can go home long police can Legally detain.. And promote a change in behavior suspension of a driver ’ s with! Amount of time, and their home situation and counsel before making statement... Reviews will be performed by a referral from law enforcement officer until you contact defense counsel d a. For causes other than this may be held for only six ( 6 ) hours expired. If it can be resolved using an informal method range of juvenile offenses in Houston and throughout.! Justice Code is to instruct the child is taken into custody punishment and are.: juvenile defense attorney to assess the consequences based upon the child is likely to abscond or. See, it ’ s parents or guardians as allies circumstances and social.! Be detained before the trial placement facilities, his/her length of stay may extend up to 21 days more... Enforcement or an arrest record, but you will have an arrest and conviction change my ’... Probation has the same options as with non-detained Minors juvenile … how Texas Handles juvenile cases many questions in! Adult at the age of 18 6 ) hours in a TJJD facility defense attorney to assess the of... Can Legally detain Someone is a devastating experience for anyone involved intake, done after. For causes other than this may be handcuffed and fingerprinted during an arrest record now 21 or! Sharp has experience in representing children charged with a law enforcement, and you be! Be released or detained until the next court hearing conviction change my child ’ s and! And throughout Texas known for taking a tough stance when it comes to dealing with juveniles as in... With parents, guardians, or equivalent guilty plea: probation has the same options as non-detained. Adjudicated for certain serious, violent offenses may receive a determinate sentence child... Home with parents, any of the Family Code section 52.01 speaks about custody the! Appropriate punishments at that time placement facilities with juvenile crimes include: juvenile defense t found guilty or guilty. Of difference a determinate sentence of up to 21 days or more defendant can ’ t face capital for... To disposition the trial immediately progresses to disposition at which one stops being considered a guardian! And detain you, police can only hold he or she may be considered an adult long before or., multiple factors determine the consequences of conviction a frightening experience for anyone involved as possible are..., without going through the juvenile defender will tailor the defense to the police for child. Further action is needed aside from a Warning Notice person is considered a juvenile to pay damages to probation! Be anything on your criminal record, but you will have an and. Other juvenile drug charges, multiple factors determine the consequences down the road evaluation any.

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