Juvenile Offenses

Waco Juvenile Crimes Lawyer

Representing Minors In and Around Waco, Lorena, and all of McLennan County & Comal County

At Milam & Fanning, PLLC, our Waco juvenile crime attorneys approach every case with the mindset that we are representing people and not merely "handling cases." In short, we try to take the term "counselor," as it is applied to attorneys, very seriously. This is especially true in our juvenile law practice. We know there are few things scarier than your child getting in criminal trouble.

Often, parents will react to their children's arrest with panic. Some will try to get the child out of detention quickly and sweep things under the proverbial rug. Others will take the opposite approach and let their child sit for a time to ponder their actions. While we certainly understand the emotions that lead to these two approaches, each taken to the extreme carries the potential of harm. So, we advocate a more measured approach.

What is a Juvenile Offense in Texas?

In Texas, juvenile offenses are criminal acts committed by minors under the age of 17 that would be considered adult crimes if they were committed by someone over the age of 17. The Texas Juvenile Justice System works to hold minors accountable for their actions while simultaneously rehabilitating them and helping them become productive members of society. Under Texas law, juveniles can be charged with misdemeanors or felonies depending on the severity of their crime.

Call Milam & Fanning, PLLC today at (254) 237-5602 or contact us online to schedule a meeting with our juvenile crimes attorney in Waco! 

Detention Hearing (Texas Family Code § 54.01)

If your child has been taken into custody, our first opportunity to fight for your child's rights is the detention hearing. The law provides that if your child is not released previously, the court must hold a hearing by the second working day after the child is taken into custody. If your child was detained on a Friday or Saturday, the hearing must occur on the first working day after your child is taken into custody. The sole purpose of the hearing is to determine whether the government is allowed to continue to detain your child.

At the end of the hearing, the court is required to release your child unless it finds:

  • Your child is likely to flee or be taken from the court’s jurisdiction;
  • Your child does not have a suitable source of supervision, care, or protection (from a parent, custodian, guardian, or other party);
  • Your child does not have a suitable parent, guardian, or other person to return him or her to court when necessary;
  • Your child may be a threat to him/herself or to public safety; or
  • Your child has been previously found a “delinquent child” or has been previously convicted of a crime punishable by jail or prison time.

The government must notify your child and you of the time, place, and purpose of the hearing. At the hearing, your child is entitled to be represented by counsel. This makes it especially important that you quickly reach out and retain our Waco juvenile crime attorneys after your child is detained. The more time we have before the hearing, the better prepared we can be to represent your child's interests at this critical stage of the juvenile process.

Deferred Prosecution (Texas Family Code § 53.03)

In many cases, the best outcome for your child's case (particularly if the child has never been in legal trouble before) may be a type of informal probation called "deferred prosecution." In many circumstances, a deferred prosecution can be offered by the juvenile probation officer assigned to your child when first brought into custody. Our skilled attorneys can assist at this early stage in the process by negotiating with the probation officer about the prospect and terms of supervision.

Under a deferred prosecution, your child may be "advised" for up to six months regarding rehabilitation and guided through various programs or services. If your child is successful on informal probation, this can bring an end to a juvenile case without any formal prosecution taking place.

Continue Reading Read Less