Juvenile Defense

Protecting the interests of young people

A juvenile charge can have tragic consequences that may last a lifetime. Parents need to know that the system will not be looking out for the best interests of their child. That is why you need an experienced lawyer who will defend the young person’s rights and protect his or her future. If your child is about to be or has been charged in juvenile court, Contact an experienced lawyer today to protect his or her rights. Call the Houston Law Firm, Midence & Skillern to arrange a free initial consultation and case analysis.

Avoid lifetime registration as a sex offender

It is not widely known, but juvenile convictions for sex offenses usually result in lifetime registration as a sex offender.

Avoid certification as an adult if at all possible!

At one point, juvenile crimes amounted to a slap on the wrist with no lasting consequence.  Times have changed.  Midence & Skillern understand the changes in attitude toward juvenile justice that have occurred in the past 20 years. The trend is toward harsher punishment and certification of juveniles for trial as adults. Certification and conviction as an adult takes the child out of the juvenile justice system and allows him or her to receive an adult prison sentence of up to 40 years

Sex Offenses

The law now provides that a youngster convicted of a sex crime in juvenile court is subject to sex offender registration for life!

This catastrophic event effectively ruins the life of a youngster before he has even started his life.

Our firm makes every effort to avoid this life-ruining outcome.

Further, juveniles now face up to 40 years in adult prison if convicted of certain crimes.

The Detention Hearing

Who determines if a child will be held for a detention hearing before a judge? What factors are considered?

When a juvenile is arrested, there is no bond or “bail out” procedure as in the Adult system.  When a child is arrested and taken to the juvenile detention facility, an intake officer will determine if the child needs to be detained and brought before a judge, or if the child can be released to his or her parent or guardian on conditions of release. There is a presumption of release before the child is brought before a judge, but there are a number of factors that the intake officer will consider, including the child’s court history, the severity and circumstances of the offense, general information about the child’s family, and whether or not the child is believed to pose a danger to him/ herself or the community. Under the law, the intake personnel shall release the child administratively (without a detention hearing before a judge) unless there are concerns for the child’s safety or supervision or if there is a chance that the child might flee the area and not reappear for court. If a child is released administratively, the supervising adult must agree to return the child to court for later proceedings.

Note: if the child is alleged to have engaged in delinquent conduct involving a firearm, the child will be detained until either a detention hearing is conducted or the court authorizes the release of the child. Whether or not the child is released or detained, the intake officer will make diligent efforts to contact the parent or guardian of the child and let the significant adult in the child’s life know what the child was arrested for, and whether or not the child will be released or detained.

If the intake officer decides to detain a child, the child will be held for a detention hearing. If the intake department decides to release a child to a parent or guardian, then the parent can pick up the child at the detention facility. A child who is released will be released on conditions of release

What is the purpose of the detention hearing?

The detention hearing has one purpose and one purpose only – to determine whether or not a child will be detained or released.  It is not a hearing to decide whether or not a child actually did the crime, that comes later at an adjudication hearing or trial.  By law, an initial detention hearing after a child is arrested must be held no later than the second working day after the child is taken into custody (e.g., if the child is arrested on Monday, his/her detention hearing must be held by Wednesday). If, however, a child is taken into custody on a Friday or Saturday, the detention hearing must be held on the next working day. Holidays, when the court is not in operation, do not count as working days.

How the Detention Hearing works

The detention hearing is held before a judge. The child’s parent will be contacted ahead of time by the probation department and asked to attend the hearing. The judge will ask the child if they wish to have an attorney represent them at the detention hearing.

Probable cause. The first thing that usually happens at an initial detention hearing is a determination by the judge whether or not probable cause exists to detain the child. Anything the child says during the hearing can only be used to determine if probable cause exists. In the vast majority of cases, the judge will find that probable cause did exist. If there is no probable cause (this is incredibly rare), the child should be released.

Detention decision. In addition to the probable cause determination, the Court still needs to decide whether to detain the child.   The Court’s probation officer will offer a recommendation to the Court regarding whether the child should be detained. The prosecutor may also make a state the State’s position about whether the child should be detained. The parent/guardian is also allowed to testify at the hearing.

A child may testify at a detention hearing, or he can choose to remain silent. While technically speaking, what the child says in a detention hearing cannot be used against him/her for any other purpose than that particular detention hearing, in reality, it is important to remember that an attorney for the State is listening to everything the child and parent say. This gives the State “free” information about what happened from the child’s perspective if s/he talks about the incident leading to arrest. It is helpful to consult an attorney to assist the child in the detention hearing.

The Detention Decision

The law favors releasing the child unless there are specific concerns that suggest that detention is necessary. The Judge considers whether:

1. he is likely to abscond or be removed from the jurisdiction of the court;
2. suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person;
3. he has no parent, guardian, custodian, or other person able to return him to the court when required;
4. he may be dangerous to himself or may threaten the safety of the public if released;  or
5. he has previously been found to be a delinquent
6. child or has previously been convicted of a penal offense  punishable by a term in jail or prison and is likely to commit an offense if released.

The Juvenile Outcome

A juvenile case can result in a deferred prosecution to up to 40 years in prison.  The in between can be probation, home confinement, placement outside of the home such as a boot camp or the Texas Youth Commission.  It is important to find an attorney who is familiar with the Juvenile system.  Both of the Houston lawyers at Midence & Skillern spent time as juvenile prosecutors and know the juvenile system.