Juvenile Criminal Attorney in Hays County

Protect Your Child’s Future — Call a Juvenile Criminal Attorney in Hays County

At Milam & Fanning, PLLC, we know that facing criminal charges as a juvenile can be daunting and stressful. Our team is committed to providing supportive, professional representation to protect the rights of young individuals in Hays County. 

By choosing us, you gain access to a firm that blends personalized care with the robust resources of a larger practice, ensuring you receive tailored defense strategies designed for your unique needs. Juvenile crimes, while treated differently from adult offenses, can still have serious consequences, potentially impacting education and employment prospects. Our focus is on mitigating these impacts by crafting defense approaches centered on rehabilitation and future opportunities.

Your child deserves a second chance. Contact a skilled juvenile criminal attorney in Hays County for a free, confidential consultation. We offer affordable, compassionate defense—call (254) 237-5602 now or reach out online.

Understanding Juvenile Delinquency in Texas

In Texas, a "juvenile" is a person who is 10 years of age or older and under 17 years of age at the time of the alleged offense. The Texas Family Code, Title 3 ("Juvenile Justice Code"), governs how these cases are handled, with a distinct set of terminology and procedures from the adult criminal justice system. 

The system emphasizes:

• Rehabilitation over Punishment: The primary goal is to guide young offenders towards making better choices and reintegrating into society as productive citizens.
• Confidentiality: Juvenile court proceedings are generally closed to the public, and records may be sealed or expunged under certain conditions to protect the privacy of young offenders and allow for a fresh start.
• Unique Rights: Minors have specific rights during the criminal process, including the right to an attorney, the right to remain silent, and the right to have a parent or guardian present during questioning.

Common Juvenile Charges We Defend in Hays County

The types of charges a juvenile defense attorney in Hays County handles mirror adult criminal charges, but are processed differently. These include:

• Theft & Retail Theft (Shoplifting): From misdemeanor theft (theft of property valued at less than $100) to felony theft (over $2,500).
• Assault & Battery: Including simple assault, aggravated assault (e.g., causing serious bodily injury or using a deadly weapon), and family violence.
• Drug Offenses: Possession of marijuana, possession of a controlled substance, possession with intent to sell/deliver.
• Underage Drinking/Driving: Driving Under the Influence (DUI) by Minor (zero tolerance), or a standard DWI if the minor's BAC is 0.08% or higher.
• Criminal Damage to Property / Arson: Damage to property or setting fires.
• Weapons Charges: Unlawful possession of weapons on school grounds, possession of a prohibited weapon.
• Burglary / Robbery: Property crimes involving unlawful entry or force.
• Sex Offenses: Sexual Assault, Aggravated Sexual Assault, Indecency with a Child, and Continuous Sexual Abuse of a Young Child.
• Felony Offenses: Any felony offense that would be a First, Second, or Third-Degree Felony if committed by an adult.

The severity of the alleged delinquent act impacts how the case is handled within the juvenile justice system and the potential dispositions.

The Texas Juvenile Justice Process

Navigating the Texas juvenile justice system is a unique and multi-stage process that prioritizes the minor's best interests. It is distinct from adult criminal court, and a Hays County juvenile defense lawyer understands these specialized procedures.

1. Police Contact and Referral: The process begins with police contact, and the case is referred to the juvenile probation department. Minors must be instructed to remain silent and ask for their parent/guardian and a lawyer.
2. Intake and Screening: An intake officer reviews the case and can issue a supervisory caution, recommend deferred prosecution (which can lead to dismissal), or forward the case for formal court proceedings.
3. Detention Hearing: If the minor is detained, a hearing must be held within two working days to determine if continued detention is necessary. Having a lawyer present is vital to argue for the minor's release.
4. Adjudicatory Hearing ("Trial"): If a formal petition is filed, this hearing determines if the delinquent act occurred. It is a less formal trial before a judge or jury.
5. Disposition Hearing ("Sentencing"): If the minor is adjudicated delinquent, this separate hearing determines the outcome, with a focus on rehabilitation and the minor's best interests.

During detention hearings, we work diligently to minimize detention durations while ensuring your child maintains access to necessary educational resources and family support. If sentencing results in probation, we guide families through the complexities of compliance, ensuring everyone understands what is required and how best to support the juvenile during this time. Our involvement ensures clarity, providing peace of mind during a challenging process.

Potential Dispositions in Texas Juvenile Court

Outcomes in Texas juvenile court, known as "dispositions," prioritize rehabilitation and vary based on the offense. The most common is probation, where the minor is supervised for a set period with conditions such as regular reporting, counseling, and community service. For more serious cases or probation violations, a minor may be placed in a local juvenile detention facility for a short period.

The most severe disposition is commitment to the Texas Juvenile Justice Department (TJJD) for serious felonies, confining a minor to state facilities until their 19th birthday. For a select number of very serious felonies, such as murder, a minor can receive a determinate sentence of up to 40 years, with the possibility of being transferred to the adult prison system. These dispositions underscore the need for a skilled juvenile defense attorney.

Our Local Expertise & Commitment

Milam & Fanning, PLLC stands out by offering an extensive understanding of Hays County’s legal environment. Our team leverages local court procedures and statutes, applying this knowledge to craft effective criminal defense strategies. 

This regional insight, combined with our dedication to personalized service, means we are well-equipped to address any challenges associated with juvenile cases in the area. Our presence in the community also means our established relationships with local judges and prosecutors can be instrumental in negotiating favorable outcomes for those we represent.

Our holistic approach involves collaboration with families, educators, and community resources to support the juvenile's rehabilitation journey. By integrating community support with legal strategies, we aim to reduce recidivism and help young individuals build a foundation for a successful future.

Contact Us Today for Compassionate & Skilled Juvenile Defense

Facing a juvenile charge can feel overwhelming, but you don’t have to navigate this daunting path alone. Discover how personalized representation and a thorough understanding of local laws can ease your concerns and support your child’s journey towards a positive resolution. 

By choosing us, you prioritize your child’s future, leveraging our dedicated service and comprehensive support to secure the best possible outcome. Engage with us today to learn more about how our services can provide reassurance and clarity at a critical time in your family’s life.

Contact Milam & Fanning, PLLC at (254) 237-5602 for a confidential consultation with our experienced juvenile criminal lawyers in Hays County.