Juvenile Be Tried as an Adult in Texas

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Reggie & Njeri London
Co-Founding Partners

Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.

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In Texas, the line between youth and adults in the legal system is not always clear. While most young offenders are undergoing the juvenile justice system, some minors may face adult criminal charges based on their age, crime, and criminal history. This process, known as "certification" or "transfer to adult court," raises serious legal, moral, and social questions.

This blog explains when and how a juvenile can be tried as an adult in Texas, what criteria the court uses, and what it means for the child's future.

How Texas Defines A Juvenile?

In Texas, a juvenile is defined as someone at least 10 years old but under 17 years old when they commit a crime. Juvenile courts have jurisdiction over these cases until the child is transferred to an adult court or if the child is already 17 years or older at the time of the offense. Texas stands out because it is one of the few states that considers 17-year-old children automatically as adults, even though they are still legal minors in other aspects of life.

When Can A Juvenile Be Tried As An Adult?

A juvenile can be tried as an adult in Texas if certain conditions are met. According to section 54.02 in the Texas Family Code, a juvenile court can waive its jurisdiction and transfer a child to a district (adult) court:

• The child is at least 14 years old at the time of the offense and has been accused of a felony.
• The court finds sufficient reason to believe that the child may have committed the offense.
• The severity of the offense or the child's history justifies transfer.

For some offenses, the minimum age is 15. However, for capital felonies, aggravated controlled substance felonies, or first-degree felonies, the court may consider certification at the age of 14.

Common Crimes That Lead To Adult Certification

Not every juvenile offense qualifies for adult prosecution. Courts generally consider transfer in cases involving:

• Capital murder or attempted capital murder
• Aggravated robbery
• Aggravated sexual assault
• Aggravated assault with a deadly weapon
• Felony drug trafficking
• Use of a firearm in a violent felony

These crimes suggest a serious threat to public safety, which influences the court’s decision.

The Certification Process: How It Works

The certification process begins when the prosecutor submits a motion to transfer the case to the adult court. The juvenile court will then order a complete investigation, including psychological evaluation, social history, and educational history. The court must have a hearing, which is often called a "waiver hearing," to assess evidence.

During the hearing, the judges weigh several factors:

• Child age and maturity
• The severity and nature of the crime
• Before a record of children, if any
• Success or failure of previous rehabilitation efforts
• The teenage system can likely rehabilitate the child before the age of 19
• The likelihood that the juvenile system can rehabilitate the child before age 19

It is important that a judge, not a jury, say whether the case must be transferred or not. If the judge provides speed, the youth loses the security introduced by the youth system and is treated as an adult.

What Happens After Transfer?

When the court certifies a juvenile, the case goes to an adult criminal court. The young person will face trial as an adult, and if convicted, they can receive penalties ranging from probation to decades in prison. The child can be kept in the adult prison while awaiting trial unless the court orders otherwise.

Unlike juvenile cases, which are generally sealed or confidential, criminal records for adults are public. This can affect future employment, education, and housing opportunities for the rest of the person's life.

Automatic Adult Prosecution For 17-Year-Olds

In Texas, a person who is 17 years old is automatically considered an adult in that criminal justice system. This means that a 17-year-old accused can also be jailed with adults, an attempt at adult court, and convicted under adult guidelines.

Many advocacy groups have argued that this law should be replaced. However, pointing to research showing that 17-year-olds lack full mental and emotional maturity. Many other states have already raised the age to 18. Despite reform efforts in Texas, the law has not yet changed, and 17-year-olds remain under adult jurisdiction.

Limitations On Sentencing Juveniles In Adult Court

Although juveniles can be tried as adults in Texas, there are limits on the types of sentences they can receive. Due to U.S. Supreme Court decisions like Roper v. Simmons (2005) and Miller v. Alabama (2012), juveniles cannot be sentenced to death or life without parole for crimes committed under age 18.

Instead, juveniles convicted of capital murder may receive life with the possibility of parole after 40 years. This means that even the most serious penalties must leave room for the potential of release and rehabilitation.

Real Case Examples In Texas

Many high-profile cases show how this law works in practice:

• In 2018, the suspect in the Santa Fe High School shooting was 17 at the time of the offense. He was charged with capital murder as an adult. Due to the Supreme Court's decisions, he cannot be sentenced to death, but he faces life in prison with potential probation.
• In 2023, a 16-year-old Arlington man was accused of an attempted attack after shooting at a school. The prosecutors asked for an adult certification, but the judge refused to retain the case in juvenile court.

These cases demonstrate that while prosecutors can advocate for adult trials, judges ultimately retain the final say.

Public Debate And Calls For Reform

There’s growing concern in Texas over trying juveniles as adults. Critics argue it harms rehabilitation and increases reoffending. Advocates urge raising the adult age to 18 and limiting transfers. Supporters of the current law argue that serious crimes require serious consequences. The debate continues in courts and the state legislature.

Conclusion

In Texas, juveniles can face adult charges under strict conditions, especially for serious crimes. The law treats 17-year-olds as adults, but reform efforts continue. Understanding these rules helps protect minors' rights and futures.

Need legal guidance? Contact L&L Law Group for experienced juvenile defense in Texas.

About the Authors

Njeri London

Co-Founding Partner

Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar

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Reggie London

Co-Founding Partner

Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar

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