Texas Juvenile Defense Attorneys

Texas Juvenile Defense Attorneys Across the DFW Metroplex

Juvenile cases in Texas are governed by the Family Code, not the Penal Code. The procedures, dispositions, and timelines differ fundamentally from adult criminal cases. Juvenile court jurisdiction applies to children ages 10 to 16 (Texas treats 17-year-olds as adults for criminal purposes, unlike most states). The goal of the juvenile system is rehabilitation rather than punishment — but the consequences of poor defense work can be severe: certification to adult court, commitment to the Texas Juvenile Justice Department (TJJD) until age 19, sex offender registration, and a juvenile record that can affect college admission, military enlistment, and professional licensing.

Texas Family Code jurisdiction

Under Family Code Section 51.02, a "child" is a person who is 10 years of age or older and under 17 years of age, or 17 years of age or older but under 18 years of age and alleged to have engaged in delinquent conduct or conduct indicating a need for supervision before becoming 17. The juvenile court has exclusive original jurisdiction over proceedings against children under 17, with the exception of certain Class C misdemeanors and traffic offenses. A child under 10 cannot be charged with any criminal offense.

Certification to adult court — Family Code Section 54.02

The most consequential decision in a serious juvenile case is whether the case stays in juvenile court or transfers to adult court via certification. Section 54.02 allows the State to petition for transfer if the child was 14 or older at the time of a capital felony, aggravated controlled substance felony, or first-degree felony — or 15 or older at the time of a second- or third-degree felony or state jail felony. The certification hearing requires the court to consider several factors: the seriousness of the offense, the sophistication and maturity of the child, the child's prior record, prospects for adequate protection of the public, and the likelihood of rehabilitation through juvenile system facilities. Successful resistance to certification often hinges on expert testimony — psychological evaluation, treatment readiness, and family support — presented at the certification hearing. Once certified, the child is treated as an adult for that case, exposed to the full adult penalty range.

Detention hearings and the 48-hour clock

When a child is detained, Family Code Section 54.01 requires a detention hearing within 48 hours (excluding weekends and holidays). At the hearing, the court decides whether continued detention is necessary based on five factors: (1) likelihood the child will be returned to court for the adjudication hearing, (2) suitable adult supervision available, (3) whether the child has run away or attempted to escape, (4) whether the child is dangerous to themselves or others, and (5) whether the child has previously been found delinquent. The defense lawyer's job at the detention hearing is to present the court with the necessary information — family support, school enrollment, treatment plans, supervision arrangements — to support release.

Adjudication and disposition under the Family Code

Juvenile cases proceed through two phases. The adjudication hearing is the juvenile equivalent of a trial — the State must prove beyond a reasonable doubt that the child engaged in delinquent conduct. The child has full constitutional rights at adjudication, including the right to confront witnesses, the right to remain silent, and the right to counsel. If adjudicated, the case proceeds to the disposition hearing, where the court decides on placement. Disposition options range from probation with various conditions (counseling, community service, restitution, curfew), to commitment to a county-operated juvenile facility, to commitment to TJJD. Determinate sentences for serious felonies can extend into the adult system if the child reaches 19 before completing the sentence.

Sealing juvenile records — Family Code Chapter 58

Juvenile records do not automatically seal at age 18 in Texas. Family Code Chapter 58 requires a formal petition for sealing. Eligibility depends on the offense, the disposition, and the time elapsed since case completion. Generally, records may be sealed two years after the disposition is fully completed, or after the child reaches age 19 with no further criminal involvement. Serious offenses involving deadly weapons, sex offenses requiring registration, and cases certified to adult court are typically ineligible. A separate petition and hearing are required. Sealing is restrictive — the sealed record can still be accessed by law enforcement, licensing agencies, and certain government bodies — but it removes the record from general public background checks.

What our juvenile practice provides

Immediate response to detention — the first 72 hours determine release status, school re-entry timing, and the trajectory of the entire case. We attend detention hearings within 48 hours. Certification defense — full preparation for Section 54.02 hearings with retained experts when appropriate, factual development of the child's rehabilitation prospects, and aggressive argument against transfer to adult court. Adjudication trial work — full pretrial motion practice, factual investigation, and trial preparation. Sealing petition handling after disposition. Direct attorney communication with parents and the child, in English or Spanish. We handle juvenile cases in Collin County, Dallas County, Denton County, and Tarrant County juvenile courts.

Service Areas — Nine DFW Counties

We handle juvenile defense cases across all nine DFW Metroplex counties. Click your county for county-specific procedural information, courthouse details, and case-handling notes.

Frequently Asked Questions