When Can a Juvenile Be Tried as an Adult in Texas? 

 Posted on December 14, 2022 in Juvenile Law

Most parents’ worst nightmare is to hear their child has been arrested. Many parents work tirelessly to ensure their child is raised correctly and follows the law. Unfortunately, in life, few things ever go according to plan. When a child is arrested, they are typically tried as a juvenile. However, a child may be tried as an adult in certain situations. 

Being tried in adult court means the child will be held to the same legal standard as an adult. The child could face severe criminal penalties. Generally, if a child is being tried as an adult, they allegedly committed an act so heinous that a juvenile court no longer protects the child. If your child has been arrested and charged as an adult, understand that they are in extreme legal jeopardy. Contact an experienced juvenile defense attorney who will ensure that your child’s rights remain protected and that they are afforded the best legal counsel possible to pursue the most favorable outcome possible in your child’s favor. 

When Can a Juvenile Be Tried as an Adult? 

If a minor is at least 14 years of age, they may be referred to the adult court system if their case warrants it. When a minor is transferred to the adult court system, a judge may issue a juvenile waiver. Essentially, a judicial waiver waives the protections that the juvenile court system provides.

The case must meet two primary conditions for a judicial waiver to be issued. The first condition is that there is probable cause that the minor committed the alleged crime. The state of Texas needs probable cause to bring charges in the first place, but when it comes to a minor being charged as an adult, there is usually enough probable cause to the point where it is likely the child will be convicted of the offense. Secondly, the nature of the crime or the minor’s criminal history must justify adult court. There also needs to be a reason to believe that the minor will not respond to traditional rehabilitation through the juvenile system, which may be suggested if the minor has an extensively violent history that warrants such extraordinary measures to be taken. 

In Texas, if a minor is at least 14 years of age, a judge may issue a judicial waiver for specific instances, such as for certain felonies, capital crimes, and certain drug offenses. Additionally, in Texas, once a minor enters the adult court system, they will remain there if they commit another offense. However, this will not be the case if the minor is acquitted of the original charge in adult court or the charge is dismissed. 

Contact an Atascosa County Juvenile Crime Lawyer

If your child has been charged with a crime, your first action should be to contact a knowledgeable criminal defense attorney. The esteemed Jourdanton juvenile crime attorneys with BRCK Criminal Defense Attorneys will fight to ensure your child’s rights are always protected. Call 830-769-1010 today for a free consultation.  

Source:

https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/states/tx.html