Your child, your pride and joy, is facing juvenile charges in Texas.
Your world just feels out of balance now. Your heart is pounding, and your mind races with a million questions about how to proceed.
How much does juvenile detention cost parents? Do you need a lawyer for juvenile court?
Where do I find a good lawyer? While you may be feeling fear and confusion, one thing is clear: you need a skilled juvenile lawyer by your side and fast.
A parent needs to know the punishment range for the alleged delinquent conduct, the evidence that exists against their child, and where to find an experienced lawyer that can help them navigate through this difficult time.
Today, we’ll break down the crucial aspects of hiring a juvenile lawyer in Texas, how you can ensure your child’s rights are protected, and how you can work to make sure their future remains intact.
If you have questions, please do not hesitate to contact us to share your family’s story.
Which Rights do all Juveniles have when taken into custody in Texas?
All juveniles hold the following fundamental rights under the Texas Juvenile Justice Code when taken into custody.
- Right to remain silent. Your child has the right to refuse to answer questions from law enforcement without an attorney present.
- Right to legal representation. Texas law mandates legal counsel for juveniles in court proceedings.
- Right to be informed of the charges. Your child deserves to know the specific accusations against them.
You also have a right to be made aware of the charges against your child. It’s essential to understand and assert these rights to safeguard your child’s interests during the legal process, especially during the investigation phase of a case.
Why your child needs a Juvenile Lawyer:
Texas law mandates legal counsel for juveniles in court proceedings. But even if it were not mandated, your child is facing the full strength of the government coming at them with criminal charges that could have a deeply negative impact on their life now and in the future.
You need a professional in your corner. The ideal lawyer or firm knows the law, the legal players in your local community, and how to get the best result for your child. It is ideal to find a firm with experience both as prosecutors and as a defense attorney.
Parents sometimes wonder if they can act as their child’s legal representative in court. The answer is no, as a parent, you cannot represent your child in juvenile court in Texas. A licensed juvenile attorney must represent your child.
What Is a Juvenile Lawyer’s Role?
A juvenile lawyer has experience in defending minors facing criminal charges. The attorney you hire needs to understand how to build a strong defense to avoid your child being placed in detention or a treatment facility.
Detention or treatment placement often results in a child struggling with recidivism down the road due to trauma experience in the detention facility and with other juveniles they encounter.
If at all possible, your attorney should work to avoid detention, placement, or adult certification. Juvenile adult certification is the process of a juvenile being certified as an adult to stand trial.
Having a skilled juvenile lawyer is necessary for several reasons.
- Experience and expertise. Navigating the intricacies of the juvenile justice system can be complex. A qualified lawyer has the experience and knowledge to effectively guide you through the legal process and build a strong defense.
- Protecting Your Child’s Rights. Your lawyer understands your child’s rights and ensures they are upheld throughout the proceedings. They can advise your child on responding to questions and help to ensure their statements are not misconstrued.
- Advocacy and Negotiation. An experienced lawyer can advocate for alternative solutions to detention, such as diversion programs or community service. They can negotiate with prosecutors to reduce charges or seek favorable outcomes. An attorney can also help you build a rehabilitation plan to prove to the prosecution that detention or inpatient treatment is not needed for your child. Also, in certain situations, attorneys can fight adult certification if there was a lack of diligence on the part of the prosecution or there were timing issues with when a crime was charged.
- Minimizing Long-Term Consequences. Even seemingly minor offenses can have lasting repercussions on your child’s future, such as impacting college admissions or future employment opportunities. A lawyer can work to minimize these potential long-term effects. Also, an attorney should work to minimize the impact of the case on the child psychologically.
With a skilled advocate by their side, your child has a significant advantage in achieving a positive outcome.
Timing Is Crucial When Seeking Legal Representation
Time is of the essence when securing legal representation for your child. Ideally, your child should have an attorney before a detention hearing takes place. By statute, detention hearings take place within 48 hours of an arrest in Texas.
If a child is arrested on Friday or Saturday, the hearing will take place on the very next working day. This hearing determines whether your child is released into your custody or remains in detention.
A parent shall receive notice of the detention hearing within a reasonable timeframe to allow their attendance.
Also, these hearings will be repeated every 10 days to prove the child’s continued detention is necessary. If the court determines that any of the following are true they may continue the detention of the juvenile:
- There is reason to believe that the child may flee or be removed by someone from the county where the court having jurisdiction is located;
- The child does not have a parent or guardian providing suitable care, protection, or supervision for the child at the time of the detention hearing;
- The child is likely to be dangerous to himself or others in the community if they are released from detention; or
- The child is delinquent in the eyes of the law for having already been convicted of a crime that is punishable by jail time and is likely to commit further criminal offenses if released from detention.
If a child does not have a lawyer at that time, the judge will likely assign a public defender—unless the parents choose their own lawyer to bring their child’s defense.
Parents must attend the detention hearing of their child in order for them to be released. Ideally, an experienced attorney is with you from the detention hearing until the end of the case.
If your child was not detained, you will also want to hire a lawyer quickly so that the probation department does not violate your child’s rights prior to the case going to court.
In the juvenile system in Texas, probation officers often act as liaisons between the court and families. Due to probation officers being State of Texas employees, this relationship can be confusing and difficult to properly navigate.
An attorney should protect the juvenile’s rights in this relationship while making sure the juvenile remains compliant with the expectations of the Juvenile Court in cooperating with the probation officer.
How Much Does a Juvenile Lawyer Cost?
The cost of a juvenile attorney depends on several factors including the type and severity of the charge and the attorney’s experience. Most juvenile lawyers charge a flat rate.
The court will appoint an attorney if you cannot afford one, but that attorney may be inexperienced or overwhelmed by their caseload, and you could be required to reimburse the county for payments made to a court-appointed attorney.
Key Considerations for Selecting a Juvenile Lawyer
When searching for a juvenile lawyer, consider these key factors:
- Good track record. Seek a lawyer with a demonstrably successful track record in juvenile defense. Experience matters when navigating the intricacies of the juvenile justice system.
- Good communication skills. Choose a lawyer who communicates effectively by explaining legal processes clearly and understandably to your family. They should also be available by phone or email when you have questions.
- Highly empathetic. Legal matters can be overwhelming. Find an approachable, empathetic lawyer who genuinely cares about your child’s well-being now and in the future.
- Light to moderate caseload. The lawyer you choose must have enough time in their schedule to dedicate to your child’s cause. It’s helpful to know if the lawyer’s caseload is heavy and what resources and systems are available to handle your child’s case at their firm.
Your child’s attorney is a key partner in defending their rights and future. You want to ensure you feel comfortable with them.
Common Juvenile Offenses in Texas
Awareness of the types of offenses your child faces can help tailor your lawyer search. Here are some common examples:
- Theft,
- Underage Drinking and Driving (DUI),
- Assault,
- Vandalism or Criminal Mischief,
- Minor in Possession of Alcohol (MIP),
- Drug Possession,
- Possession of Controlled Substances (Vape Pens),
- Disorderly Conduct, and
- Truancy.
While this list is not exhaustive, early intervention by a skilled juvenile attorney can significantly impact the result in many juvenile cases. Don’t hesitate to reach out to us today.
Compassionate Juvenile Defense in Texas Is Our Top Priority
At Austin Hagee Law Firm, we focus on providing effective defense for minors. Our team understands the emotional turmoil families face when their child is caught up in the juvenile justice system. Here’s what sets us apart:
- Expertise. Our attorneys have extensive experience in juvenile law. We know the system inside out and will fight tirelessly to protect your child’s rights.
- Compassion. We treat every case with empathy, respect, and compassion. Your child’s future matters to us.
- Unwavering Dedication. Our team is passionate about advocating for juveniles and will zealously fight for their freedom. We have a team of lawyers and legal support staff that are ready to fight for your loved one.
- Proven results. Our track record speaks for itself. We’ve achieved favorable outcomes for countless young clients in many types of cases.
- Clear Communication. We keep you informed every step of the way, providing clear explanations of the legal process.
- Affordability. We work with families to find an affordable legal solution. Depending on the age of the case, we can also often provide our clients with a payment plan option.
Our firm was founded on the principle of helping good people through hard times, and we stand ready to help you and your family today. You don’t have to navigate this challenging situation alone.
Contact us today to schedule your free consultation. Trust our experienced juvenile defense team to fight for your child’s rights and safeguard their future.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
Loading...