Juvenile Defense

Texas adult criminal jurisdiction begins at age 17 — earlier than most other states. Children 10-16 are processed through the juvenile system under Tex. Fam. Code §51.02. A child 14 or older who commits certain enumerated felonies (capital murder, 1st-degree felony, aggravated controlled-substance felony) can be certified to adult court under §54.02 after a transfer hearing.

A hearing held within 48 hours of a child's detention (excluding weekends and holidays) under Tex. Fam. Code §54.01. The court determines whether continued detention is warranted under five statutory factors: likely to abscond, no parent or guardian available, danger to himself or others, no suitable supervision, or prior offense escape. Most juveniles released to a parent at this hearing pending the adjudication.

Tex. Fam. Code §53.045 — for enumerated serious felonies, the State can seek a determinate sentence of up to 40 years that begins in TJJD custody and transfers to adult Texas Department of Criminal Justice (TDCJ) custody at age 19 (or earlier with a release-or-transfer hearing). Effectively bridges juvenile and adult systems for the most serious juvenile cases without requiring certification.

Yes. Tex. Fam. Code §58.255-261 allows automatic sealing for misdemeanor adjudications when the child reaches 19 and has not been adjudicated for any other felony or jailable misdemeanor. Felony juvenile adjudications require a petition for sealing, with eligibility depending on the offense, the time elapsed, and the child's subsequent conduct. Certain serious offenses (sex offenses requiring registration) are not eligible for sealing.

Disciplinary Alternative Education Program — an alternative school placement under Tex. Educ. Code §37.006-008 for students who commit certain offenses on or off school property. Duration is set by the school district's Student Code of Conduct but cannot exceed one school year without an extension. DAEP placement is non-academic discipline, separate from any juvenile-court adjudication.