Adult Trial for Juvenile Crimes

Facing the reality of your child being charged with a crime is overwhelming. The thought of them being tried as an adult can add a whole new level of fear and uncertainty. Texas laws permit certain juvenile cases to be transferred to adult court, carrying severe and lasting consequences. It’s crucial to understand this complex process and how to protect your child’s future.

In this blog post, we’ll guide you through the intricacies of the juvenile justice system in Texas and explore the factors that influence whether a child is tried as an adult.

Overview of the History of the Juvenile Justice System

The history of trying juveniles as adults in Texas is quite complex. Initially, young offenders were primarily rehabilitated instead of being punished like adults. However, in 1995, laws were enacted that allowed juveniles to be tried as adults for certain serious offenses, driven by concerns over public safety and a desire for accountability.

Since these changes, more juveniles in Texas have faced adult courts. The decision to transfer a juvenile case to adult court depends on factors such as the severity of the crime, the age of the offender, and their criminal history. This ensures that those committing serious crimes face appropriate consequences.

This method aims to balance rehabilitation and accountability, helping young offenders while protecting the public.

What Age Ranges Are Considered ‘Juveniles’ in Texas?

In Texas, a juvenile is defined as someone aged 10 to 16 who can be charged in juvenile court for committing a crime. If found guilty of delinquent behavior, they typically receive probation or are sent to a juvenile facility for rehabilitation.

When Are Juveniles Tried as Adults?

Juveniles usually get lighter penalties than adults, such as being sent to a facility with other minors for serious crimes. However, if the juvenile court waives its jurisdiction, the case moves to adult court, where the juvenile can receive adult penalties and, if convicted, may be sentenced to serve time in an adult prison.

It’s important to note that in Texas, juveniles as young as 14 years old can still be tried in adult criminal court. This depends on the severity of the crime and other factors, making it possible for young teenagers to face adult penalties.

Transferring a Case from Juvenile Court to Adult Court

Transferring a case from juvenile court to adult criminal court is done through a process called a “judicial waiver” or “certification” petition. This process determines whether a juvenile should be tried as an adult, based on the severity of the crime and other important factors.

The Texas Family Code §54.02(a) allows a juvenile court judge to transfer a 14-year-old to the adult justice system for certain serious offenses, including:

• Capital felony
• First-degree felony
• Aggravated controlled substance felony

A 15- to 16-year-old can be transferred to the adult justice system for any of the following alleged offenses:

• Second-degree felony
• Third-degree felony
• State jail felony

In a juvenile court hearing, both sides present evidence for the judge to decide if the case should move to adult court. The judge considers factors like:

• The juvenile’s maturity
• Chances of rehabilitation
• Their past criminal record
• Whether the crime was against a person or property
• Whether keeping the case in juvenile court would keep the public safe

If certified as an adult, the juvenile faces adult penalties, including possible prison time.

The Difference Between Juvenile and Adult Criminal Justice Systems

The juvenile justice system was created based on research showing that youth and adults have different developmental needs. Young people often have less impulse control and are more influenced by peer pressure, so they usually face less severe consequences in juvenile court. This system emphasizes rehabilitation rather than punishment, understanding that children need a different approach to grow and develop positively.

Additionally, the juvenile justice system keeps minors separated from adults in prison to protect them from higher risks of violence, sexual abuse, and suicide.

Pros and Cons of Transferring a Juvenile Case to Adult Criminal Court

Typically, juveniles and their lawyers work to keep their cases in juvenile court. However, there are also benefits to being tried in adult criminal court. Here are some of the advantages and disadvantages for juveniles whose cases are moved to adult court.

Pros:

1. Juries in adult court might be more understanding towards a minor.
2. Adult-level penalties can serve as a stronger deterrent for the offender and others, potentially reducing future criminal behavior.
3. Transferring a juvenile to adult court enhances public safety, especially if they pose a significant threat.
4. Handling serious cases in adult court sets precedents, influencing future sentences and legal standards.

Cons:

1. Adult courts might impose penalties too severe for a young person’s development, ignoring their need for rehabilitation.
2. The adult justice system focuses more on punishment than reform, making it harder for juveniles to reintegrate into society.
3. There are concerns about trying young offenders as adults, particularly regarding their ability to change and the fairness of their sentences.
4. Juveniles tried as adults face severe long-term consequences, including a permanent criminal record that can affect their future opportunities.

Arrested? Don’t Plea, Call Me!

Understanding when juveniles are charged as adults is crucial for parents and young defendants alike. By knowing the factors that influence these decisions, you can better navigate the legal system and secure the best representation for your child.

At Texas Criminal Defense Group, we provide comprehensive legal services and support for juveniles facing adult charges. Our experienced team guides you through every step of the process, protecting your child’s rights and ensuring they have a fair opportunity for a positive outcome.