Juvenile Issues
- Does My Child Need A Lawyer?
- What Age Is A "Child" For The Purposes Of The Juvenile Court?
- What Should I Know If My Child Is Arrested/Detained?
- Can I Be Called As A Witness Against My Child?
- Does My Child Have To Talk To The Police Or The Intake Officer Without Me?
- What Happens At A Detention Hearing?
1. Does My Child Need A Lawyer?
Under Title 3, The Family Code provides that a child has a right to counsel “at every stage of proceedings.” Further, the Family Code provides that the right to counsel cannot be waived in specified proceedings, including the following: certification of child to be considered an adult, pleas of guilty, matters dealing with mental illness or mental retardation, and probation revocation matters, and proceedings in which commitment to the Texas Youth Commission is sought.
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2. What Age Is A "Child" For The Purposes Of The Juvenile Court?
A child is a person who is ten years of age or older and under 17 years of age at the time of the conduct.
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3. What Should I Know If My Child Is Arrested/Detained?
If a child is taken into custody by the police, by law the child must have a detention hearing within 48 hours from the time he or she is taken into custody. At this initial hearing, a judicial determination of probable cause is made. This initial hearing cannot be waived. If the child is detained further, the next detention hearing must be made before the tenth working day after the initial detention order. Subsequent detention hearings must be held every 10-15 working days, unless waived.
It is important for the child to remain silent regarding the offense, as any statement made may be used against the child at a later time. This is true of information given at the intake stage and at the “social history” appointment as well.
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4. Can I Be Called As A Witness Against My Child?
Yes. There is no legally recognized parent-child confidential relationship which protects your child from your testimony at a juvenile trial.
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5. Does My Child Have To Talk To The Police Or The Intake Officer Without Me?
Your child may invoke his or her constitutional right to remain silent and to counsel, just as any adult may. Such right does not encompass non-incriminating information, such as name, parents’ names and residence, residence of child, school, work, and other identifying information. There is no duty for a police officer or an intake officer to require the presence of a parent or guardian before speaking with a child. A request by a child to see a parent prior to an interrogation is NOT the legal equivalent of requesting counsel.
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6. What Happens At A Detention Hearing?
The sole purpose of a detention hearing is to determine whether a child should be detained or released to a parent or guardian. The legal presumption is that the child should be released. The child is to be released unless one or more of the five grounds for detention is found to exist:
(1) the child is likely to abscond or be removed from the jurisdiction of the court;
(2) suitable supervision, care or protection for the child is not being provided by a parent, guardian, custodian, or other person;
(3) the child has no parent, guardian, custodian, or other person able to return him or her to the court when required;
(4) he or she is accused of committing a felony offense and may be dangerous to himself or others if released; or
(5) the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.
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The attorneys at Scott H. Palmer handle a large number of these cases each year. Our goal is to get the case dismissed or get the sentence reduced from a felony to a misdemeaner. We understand how tragic it is for a child to have a felony conviction at an early age. If your child already has a felony conviction, we can assist you in having those records sealed.
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Dallas, Texas Criminal Defense lawyers at Scott H. Palmer proudly serve Dallas and Fort Worth, TX with criminal defense needs.
