Juvenile Attorney Serving Addison

Few moments are scarier than learning that your child was arrested or charged with a crime. Whether the accusation stems from a misunderstanding, peer pressure, or a more serious allegation, the stakes in a juvenile case are high. Your child’s future will be shaped by how their case is handled. This is true in the days immediately following their arrest and the weeks after that.

The Texas juvenile justice system is distinct from the adult criminal system. The goal is rehabilitation rather than punishment. But make no mistake—juvenile offenses can still lead to serious consequences. Those consequences could include probation, confinement in a Texas Juvenile Justice Department (TJJD) facility, or even being tried as an adult in certain cases.

Rosenthal Kalabus & Therrian protects minors facing criminal allegations in Addison and throughout North Texas. As your child’s advocate, we will work aggressively to minimize consequences. We’ll explore diversion options and work to reach outcomes that keep your child’s record clean whenever possible. With in-depth knowledge of the local juvenile court procedures, we offer the legal experience and guidance your family needs right now. Contact us today for a consultation with a Texas criminal defense lawyer.

What to Expect If Your Child Is Charged with a Crime in Addison

The purpose of the Juvenile Justice Code is to promote the welfare and protection of both the public and the child. Ideally, the justice system will “remove…the taint of criminality” from children in certain circumstances and provide treatment, training, and rehabilitation.

However, this doesn’t mean that that juvenile charges don’t have long lasting consequences. A convicted minor can still face detention, probation, mandatory counseling, community service, and commitment to a secure facility managed by the Texas Juvenile Justice Department (TJJD). In more serious cases, the juvenile court may certify a child as an adult and transfer the case to adult criminal court.

Furthermore, not all juvenile records are automatically sealed. A conviction (or adjudication, in juvenile court) can follow your child into adulthood. Convictions can impact college admissions, employment, military eligibility, and other facets of adult life.

An experienced juvenile defense lawyer in Addison can help you understand the charges, navigate the legal process, and fight for a resolution that protects your child’s future. 

Understanding the Texas Juvenile Court Process

The juvenile justice system in Texas has a separate set of rules and goals than the adult criminal system. While both processes deal with legal violations, juvenile proceedings emphasize rehabilitation over punishment—though serious penalties are still possible.

Juvenile courts have jurisdiction over children between the ages of 10 and 17. Once a minor turns 17, they are typically treated as an adult under Texas criminal law. Generally, however, any offenses committed before a child’s 17th birthday still fall under the jurisdiction of the juvenile court.

Brief Overview of the Texas Juvenile Court Process

Here’s how most juvenile cases go:

1. Referral to juvenile probation: When a minor is suspected of committing an offense, law enforcement may refer the case to the local juvenile probation department for further review. This referral initiates the juvenile court process.
2. Intake and detention decision: The probation department evaluates the case to determine whether to pursue formal charges. If the child is in custody, the court will decide whether to detain or release them.
3. Detention hearing: If the child is detained, a detention hearing must be held within two working days (or one working day if the detention occurs on a Friday or Saturday). This hearing determines whether continued detention is necessary based on factors such as the seriousness of the offense, flight risk, and threat to public safety.
4. Adjudication hearing: An adjudication hearing is the juvenile equivalent of a trial. This is where the court determines whether the child committed the offense. Like adult criminal trials, the standard of proof is “beyond a reasonable doubt.” Unlike adult criminal trials, however, there is no jury sentencing. The judge has exclusive authority over the outcome.
5. Disposition: If the minor committed delinquent conduct, the case proceeds to a disposition hearing. Here, the court imposes rehabilitative measures or sanctions. These may include probation, counseling, restitution, or placement in a TJJD facility.
6. Modification: If a child violates the terms of a court order or probation, the court may hold a modification hearing. At this hearing, they may adjust or intensify the existing sentence—or impose new consequences.

Unlike adult criminal court, the Texas juvenile court process is not public. In some cases, the records may be eligible for sealing. Judges often have greater discretion to recommend community-based programs and other alternatives to incarceration.

Juvenile and Parental Legal Rights

When minors are accused of crimes, both they and their parents or guardians have specific legal rights:

• Right to remain silent: Like adults, minors have a constitutional right to remain silent and avoid self-incrimination. They are not required to answer police questions. Generally, they should wait to answer questions until legal counsel is present.
• Right to an attorney: Minors are entitled to representation by an attorney at all critical stages of their case. This includes detention hearings, adjudication, and disposition. While the court may appoint an attorney for indigent families, hiring a private juvenile defense lawyer in Addison can ensure more personalized attention and aggressive legal advocacy.
• Parental notification rights: Law enforcement must promptly notify a parent or guardian when a child is taken into custody. Parents have the right to be informed of where their child is being held and the nature of the alleged offense.
• Parental presence: While Texas law does not require a parent to be present during a police interrogation, it is strongly advised. Juveniles are particularly vulnerable during questioning, and a juvenile court lawyer in Texas can help ensure their rights are not violated.
• Limitations on parental access to records: Juvenile court records are generally confidential. However, parents do have access to many case-related documents with some restrictions, especially when records involve sensitive information or sealed records post-disposition.

Understanding these rights is the first step toward protecting your child’s future. If your family is facing a juvenile case, our firm can help assert your child’s rights and guide you through every stage of the legal process.

Common Defense Strategies for Juvenile Charges

Juvenile cases demand a thoughtful and strategic approach. Our goal is to protect your child’s legal rights as well as their future opportunities. An experienced juvenile defense lawyer in Addison can develop customized legal strategies, including:

• Questioning police procedure: If law enforcement violated your child’s rights—such as failing to properly notify you or conducting an unlawful search—any resulting evidence may be suppressed.

• Challenging admissibility: Minors may not fully understand their rights or the consequences of making a statement. If your child was questioned without an attorney or proper Miranda warnings, we can file motions to suppress that confession or any evidence obtained unlawfully.
• Negotiating for diversion or deferred prosecution: Eligible first-time or low-level offenders may participate in Texas juvenile diversion programs, which allow the case to be handled informally. Successful completion may prevent a formal adjudication and help avoid a permanent record.
• Working with school officials: In cases involving incidents at school, we coordinate with administrators to minimize criminal penalties in addition to school discipline. Our goal is to prevent suspensions or expulsions that could harm your child’s education.
• Leveraging a positive background: We can present character references, academic records, and details about your child’s home life to paint a better picture for the court. This can help reduce or eliminate penalties.

The best way to find out which defense is right for your child is to call our firm today.

Juvenile Diversion Programs in Texas

Texas juvenile diversion programs offer eligible minors an opportunity to avoid formal court proceedings and a juvenile record. These programs emphasize accountability through counseling, community service, and other corrective measures. A qualified youth offense attorney in Addison can help advocate for participation in a diversion program instead of formal legal proceedings.

Diversion options may be resolved through restorative justice or therapy-based outcomes. However, failing to comply with program requirements can result in the case returning to court and going through the traditional juvenile justice process. Working with an experienced attorney ensures your child has the opportunity to pursue these Texas juvenile diversion programs.

Sealing or Expunging a Juvenile Record

For the most part, juvenile records do not automatically disappear when your child turns 18. However, under certain conditions, they may be sealed or expunged. Sealing limits who can access the record—typically law enforcement and certain government agencies—while expungement permanently destroys the record. Most juvenile cases are eligible for sealing, not full expungement, unless they were dismissed or resulted in no formal charges.

Thanks to recent reforms, some juvenile records are now automatically sealed—as long as the minor has completed probation, committed no additional offenses, and has not been convicted of a felony as an adult.

Automatic sealing is not available in cases involving serious or violent felonies, sex offenses, and documented gang activity.

Contact a Juvenile Defense Lawyer in Addison Today

If your child has been accused of a crime, early legal intervention is critical. Rosenthal Kalabus & Therrian can help you navigate this stressful and frightening time. Contact us online today or call (972) 369-0577 to set up a consultation.