2 Types of Misconduct that Brings a Child to Texas Juvenile Court

 Posted on December 03, 2020 in Juvenile Law

Similar to parental rules or regulations set by schools, minors have more legal restrictions than those over the age of 18. This is meant to protect the children and keep them on the right track while moving toward adulthood. According to Texas law, there are two types of misconduct that can place a child under the jurisdiction of the juvenile court. Conduct Indicating a Need for Supervision (CINS) cases and delinquent conduct can both leave a stain on the minor’s record. It is important to know the difference between the two and understand what conduct falls within each category to keep your child out of the criminal justice system.

Minor Criminal Offenses

CINS cases include minor criminal offenses, aside from traffic violations, and these offenses will be tried by the juvenile court. There are six types of CINS offenses listed by the Texas legislature, including any fineable offense, running away, inhalant abuse, school expulsion, prostitution, and sexting. As you can see, not all of these offenses would apply to those over the age of 18. Because these offenses are considered relatively minor, the child will face varying levels of probation, but they cannot be sentenced to jail or prison. 

Delinquent Conduct

More serious criminal offenses that are committed by a minor are considered delinquent conduct. If a juvenile commits any of the following, it is classified under this category:

• Any felony or jailable misdemeanor

• Violating a court order within the following courts: a justice or municipal court, a county court for fineable conduct, or a truancy court

• Driving, boating, or flying while intoxicated; committing intoxication assault or intoxication manslaughter

• Three or more driving while intoxicated (DWI) offenses

The consequences of these charges can vary significantly due to the wide range of offense severity. The most minor sentence provided would be probation. If the offense was a felony, however, the minor may face time with the Texas Juvenile Justice Department. If the most serious felony is committed, the court also has the option of assigning determinate sentencing or transferring the minor’s case to the adult criminal court. 

Can My Child Be Moved to Adult Court?

The most serious, and terrifying, possibility for parents is seeing their child being tried in an adult court. The consequences are often more severe and the minor can even wind up spending time locked up with those significantly older and more mature than him or her. Having minor cases transferred to the adult court system is rare, and solely reserved for the most serious types of felony offenses. Texas law restricts those under the age of 17 from being tried in an adult court in most cases. If your child is at least 14 years old and has committed a capital felony, aggravated controlled substance felony, or first-degree felony, the juvenile court can have the offender transferred to the adult court system. Additionally, those who are 15 years or older at the time of the offense may also be transferred if they have committed a second-degree, third-degree, or a state jail felony.

Contact a Wilson County Juvenile Criminal Defense Attorney

Hearing that your child is facing any form of criminal charges can be devastating; finding out that the charges are so serious that he or she may end up in the adult court system is daunting. Whether your child is involved in a CINS case for minor misconduct or is being accused of a serious felony, you need a reputable criminal defense attorney by your side. At BRCK Criminal Defense Attorneys, we work in both the juvenile and adult court system to help all Texans secure a second chance. Our legal team will formulate a full-proof defense strategy to keep your child’s record stain-free. For help with your child’s case, call our Floresville criminal defense lawyers today at 830-769-1010 to schedule your free consultation.

Source:

https://www.texasbar.com/AM/Template.cfm?Section=Free_Legal_Information2&Template=/CM/ContentDisplay.cfm&ContentID=26237