Juvenile Criminal Defense Lawyers in Fort Worth

The Juvenile Criminal Process

Once the minor is arrested they must be delivered quickly to a processing office, where parents or legal guardian are promptly notified. How quickly does this have to happen? The state of Texas defines it as without unnecessary delay. The speed of the process continues with a requirement that the minor face a detention hearing within 48 hours or–if the arrest takes place on Friday or Saturday–on the first business day the court system is open again (Monday, except in three-day weekend situations).

The juvenile courts are obligated to make a reasonable effort to notify the parents or guardian of when the detention hearing will take place. If they cannot be located, the court must appoint an attorney for the minor.

Bail does not exist in juvenile court, but the rules are set to make their release after the hearing a likely possibility. The only ways the minor can be detained until their official court date is if they are considered a flight risk, lack any parents or guardian, or are considered a real danger to themselves or the community. A previous conviction in juvenile court will work against the minor.

A Juvenile Court Trial

A prosecutor will likely present their charges in front of a grand jury. The grand jury is most commonly known for its use in high-profile cases involving adults, with a purpose being to help prosecutors determine if the obtained evidence will sway the actual jury at trial. In a Texas juvenile case, if the prosecutor does not secure approval from the grand jury, the case will not go forward.

Depending on the gravity of the crime, the prosecutor may seek to have the juvenile tried as an adult. For this to happen, the minor must be at least 14 years old. This is a drastic step typically reserved for murder cases or particularly serious drug offenses.

Once criminal charges are formally filed, a court specifically designated to hear juvenile cases is where the trial will take place. It will be the job of the juvenile’s attorney to conduct a truly rigorous defense of their client. This means examining all evidence, including questioning the police on how the evidence was obtained. Police officers are required to have probable cause for conducting any kind of search.

For example, let’s say police found illegal drugs on a minor. That evidence might still be inadmissible–unable to be presented to the jury–if the police did not have probable cause to conduct the search to begin with. A lawyer with experience understands the need to challenge the prosecution’s evidence every step of the way.

At the Law Office Of Mark M. Childress, we believe in the justice system. That includes believing in the justice system’s expressed goal of seeing the rehabilitation of youth as a priority over and above jail sentences. 

If you have a minor that has gotten themselves into trouble and needs legal counsel to help work through it, please call us at (817) 497-8148. You can also reach out online. We’ll set up an initial consultation where you can tell us what happened and will tell you how we can help.