Texas Juvenile Crime Lawyer

Parents dealing with a juvenile charge for the first time usually carry one fear underneath all the others: that this follows their child into adulthood no matter what happens next. It does not have to. 

Texas built a separate court system for children ages 10 to 16 because the law treats a child's mistake differently than an adult's, with different goals, different records, and different chances to move forward.

The Law Offices of Richard C. McConathy defends juvenile cases across Texas, and the first job on any case is making sure a scared teenager and an anxious parent understand exactly what happens next.

How Is a Juvenile Case Different From an Adult Criminal Case in Texas?

A juvenile case runs on different terms, courts, and goals than an adult criminal case, even when the underlying conduct is identical. 

Texas Family Code Section 51.02 defines a child as a person age 10 or older and under 17 at the time of the alleged conduct, and that age places the case in juvenile court instead of adult court.

These are the main differences:

• A child gets adjudicated, not convicted, when a judge finds the allegation true.
• The outcome is called a disposition, not a sentence.
• Texas Juvenile Justice Department (TJJD) facilities hold committed juveniles, separate from the adult prison system run by the Texas Department of Criminal Justice.
• The case caption reads the child as a respondent, not a defendant.
• A juvenile held in custody sits in detention, not jail.

What to Expect When the Law Offices of Richard C. McConathy Takes Your Child's Case

The Law Offices of Richard C. McConathy walks both the parent and the child through every stage of a juvenile case in plain language, starting with the first phone call. A juvenile case moves fast, and a family that understands each step makes better decisions than one guessing at what comes next.

The firm has represented Texans in criminal matters since 2002, with more than 6,000 cases handled and over 1,000 dismissals, including a steady share of juvenile cases across the state. That experience carries into the way the firm approaches a child's case:

• A direct line to the attorney handling the case, not a rotating cast of paralegals or associates.
• A straightforward, no-pressure assessment of the charge before any decision gets made about a plea or a hearing.
• Availability 24/7 for a juvenile detention or arrest, since these calls rarely come during business hours.
• A free consultation to review the allegation and lay out realistic options for the family.

What Happens When a Child Is Arrested in Texas?

A child's case in Texas moves through intake, a detention hearing, and an adjudication process that looks different depending on the child's age and the offense charged. The table below outlines where a case typically lands based on those two factors.

Where a Juvenile Case Gets Handled, by Age and Offense

A detention hearing happens within one to two business days of a child being taken into custody, and it decides whether the child stays in detention or goes home while the case proceeds. Hearings move fast, which is why legal help matters before it happens rather than after.

Can a Texas Teenager Be Tried as an Adult?

Yes, a Texas teenager can be tried as an adult through a process called "certification," but it only applies to specific serious offenses and specific ages. 

Texas Family Code Section 54.02 allows a juvenile court to transfer a case to adult criminal court for a child age 14 or older charged with a capital, first-degree, or aggravated felony, or a child age 15 or older charged with certain other felonies.

Certification is not automatic. A judge weighs the child's background, the sophistication of the alleged conduct, and whether the juvenile system's resources fit the case before granting a transfer. 

A defense attorney's job at this stage centers on keeping the case in juvenile court whenever the law allows it, since the consequences of an adult conviction follow a person for life in a way a juvenile disposition does not.

Will a Juvenile Record Follow My Child Into Adulthood?

Not automatically, but a juvenile record does not disappear on its own either. Texas Family Code Chapter 58 treats juvenile records as confidential in most circumstances, but confidential is not the same as sealed, and the record still exists unless a family takes further legal steps.

Whether a record qualifies for sealing depends on:

• The type of offense, since certain violent or sexual offenses carry longer waiting periods or restrictions on sealing.
• Whether the case ended in adjudication, deferred prosecution, or dismissal, since each path affects eligibility differently.
• The child's age at the time of the case and their age now, since some sealing options require reaching a certain age first.
• Whether the child completed any required probation, diversion program, or TJJD commitment successfully.

A sealed juvenile record generally does not appear on standard background checks used for employment or housing, which matters enormously for a young adult trying to start a career. 

Getting the sealing petition filed correctly the first time avoids a delay that costs a young person real opportunities.

What Should Parents Do After a Child's Arrest in Texas?

The hours after a child's arrest set the tone for the rest of the case, and a few clear actions protect both the child and the family's options. Once your child is safely home or you know their detention status, these steps matter most.

• Contact a juvenile defense attorney before the detention hearing, since that hearing happens within a day or two of arrest.
• Avoid letting your child discuss the allegation with police, school staff, or friends without an attorney present.
• Keep a written record of the arrest, including the arresting agency, the time, and any statements made.
• Attend every scheduled court date and comply with any release conditions set at the detention hearing.
• Ask directly about diversion or informal adjustment options, since these programs often resolve a first offense without a formal adjudication.

What Legal Options Reduce the Impact of a Juvenile Charge in Texas?

Several legal paths exist in Texas to resolve a juvenile case without a lasting mark on a child's record, and which one applies depends heavily on the offense and the child's history. A defense attorney's role is matching the right option to the specific case rather than defaulting to the same approach every time.

• Informal adjustment, which resolves minor allegations at the intake level without ever filing a formal petition.
• Deferred prosecution, which pauses the case while the child completes conditions like counseling or community service.
• Probation, which allows the child to remain at home under supervision instead of a TJJD commitment.
• A negotiated disposition that avoids commitment to a state juvenile facility in favor of a local program.
• A sealing petition filed once the case resolves, to limit who can access the record afterward.

FAQs for Texas Juvenile Crime Lawyers at the Law Offices of Richard C. McConathy

Contact a Texas Juvenile Crime Lawyer Before the Detention Hearing

A juvenile case moves on its own clock, and the detention hearing rarely waits for a family to catch its breath. The decisions made in the first two days after an arrest often determine whether a case stays contained or grows into something that follows a child for years.

The Law Offices of Richard C. McConathy has defended Texas families in juvenile cases for more than 35 years, with a record built on over 1,000 dismissals.