Southlake Juvenile Defense Attorneys

When Is a Juvenile Tried as an Adult in Texas?

You may have heard about cases where a juvenile is tried as an adult. This can occur only under certain circumstances. The juvenile’s age at the time of the alleged crime and the severity of the offense will influence whether the prosecutor seeks to try a juvenile as an adult. Should the juvenile judge approve such an effort, the juvenile will be transferred to and tried in an adult criminal court. A juvenile tried as an adult will also generally face the same potential penalties as an adult would if convicted.

If a juvenile is currently under the age of 18, they can only potentially be tried as an adult if:

• They were at least 14 years old but less than 17 years old at the time they allegedly committed the criminal offense and were charged with capital murder, an aggravated controlled substance felony, or a first-degree felony
• They were at least 15 years old but less than 17 years old at the time they allegedly committed the criminal offense and were charged with a state jail felony or a second- or third-degree felony

But what happens when a juvenile turns 18 before they are charged? Fortunately, juveniles are not automatically charged as adults in these instances. When a juvenile is 18 years of age or older, prosecutors can only seek to try them as an adult for a crime allegedly committed while they were a juvenile if they can show the state could not pursue a trial for reasons beyond its control prior to their 18^th birthday, new evidence was discovered after they turned 18, or they could not be located until after they turned 18.

When deciding whether to try a juvenile as an adult, a judge will consider:

• The maturity of the juvenile
• The nature and severity of the alleged offense
• The juvenile’s criminal record
• Whether successful rehabilitation appears possible within the juvenile system

Our team at Law Offices of Mark M. Childress, PLLC understands how to craft compelling arguments designed to keep juveniles from being tried as adults. We are well-versed in how to effectively combat the strategies Texas prosecutors frequently use in these scenarios.

What Are the Consequences of a Juvenile Conviction in Texas?

A juvenile convicted of a serious offense may be committed to the Texas Juvenile Justice Department until they turn 19. Alternatively, they could be placed on probation until they turn 18. Probationary requirements may include mandatory school and work attendance, periodic drug testing, counseling, drug treatment, curfews, and regular meetings with probationary officers. 

Certain types of convictions may also result in a temporary revocation of a juvenile’s driving license or restrictions on obtaining one. This will limit a juvenile’s ability to travel to school or work. 

Because certain convictions must be disclosed in many types of applications, having a juvenile criminal record will also make it substantially harder for someone to get a job, secure housing, or seek higher education later in life. A juvenile convicted of a sex crime may even be required to register as a sex offender, further limiting opportunities.

Can a Juvenile Criminal Record Be Sealed in Texas?

Juvenile criminal records are generally considered “restricted” by default. This does not mean that they are “sealed,” meaning some third parties can still access them. Fortunately, some juvenile criminal records can be sealed under certain circumstances if proper actions are taken. Our Southlake juvenile defense lawyers can assess your situation, determine your eligibility, and help you seal your or your child’s records. 

Has your child been accused of a crime in Southlake, TX? Do not wait to call (817) 497-8148 or contact us online to get tailored legal advice.