Juvenile Law and Juvenile Delinquency Navigating the juvenile justice system can be frightening and confusing and mistakes made without benefit of legal counsel could result in incarceration for your child. We understand the unique issues related to juvenile crime and are skilled negotiators who always keep the best interest of your child in mind. Children are often not mature enough to understand the long-term consequences of their actions which is why we feel it's better to keep the child in the home rather than sent to detention or worse, tried as an adult. The types of Juvenile Cases that we handles include curfew violations, truancy, runaways, trespassing, drug possession, drug trafficking, marijuana, underage drinking, arson, vandalism, shoplifting, drunk driving, DUI-DWI, gang-related activities, violent crimes, assault and battery, sexual assault, sexual abuse, statutory rape, and stalking. If your child has been arrested, he or she can either be cited and released or detained at a juvenile detention facility. If your child is in custody, he or she will be arraigned in juvenile court within 48 hours, excluding weekends and holidays. JUVENILE DETENTION HEARING If your child is in custody, his or her first court date is called a detention hearing. At the detention hearing the juvenile referee or juvenile judge will make a determination on whether to continue to detain your child pending adjudication of the charges. The juvenile referee or juvenile judge will have input from the juvenile probation department, as well as from the juvenile deputy district attorney and juvenile defense attorney. The criteria used by juvenile judges on whether to continue to detain your child pending adjudication are as follows: 1) if the child is likely to abscond or be removed from the jurisdiction of the court; 2) if suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person; 3) if the child has no parent, guardian, custodian, or other person able to return him to the court when required; 4) if the child may be dangerous to himself or may threaten the safety of the public if released; or 5) if the child 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. JUVENILE ARRAIGNMENT DATE If your child is not in custody, his first court date is called an arraignment. Some courts refer to the arraignment as a proper pretrial or jurisdictional hearing. We will have an opportunity to review the state's file and the probation department's report. At this setting, it may be possible to work out a plea agreement. Otherwise, the case may be reset so that we can investigate the facts or witnesses in the case further. JUVENILE DISPOSITION Unlike in adult criminal court, juveniles are not found "guilty" of an offense rather are found to have "engaged in delinquent conduct" if the offense was found to have been committed beyond a reasonable doubt. If a juvenile has been found to been engaged in delinquent conduct, a wide range of punishment options may be available from probation (where the juvenile is placed in the custody of the parents in their home) to a placement in TYC (Texas Youth Commssion--out the parent's home). Additionally, depending on the severity of the case, the state may try to have the juvenile certified as an adult so that the juvenile would stand trial as an adult. The exact facts, circumstances and details of each case varies widely and one of the lawyers at The Kahn Law Firm, P.C. can advise you for the particulars of your specific case. For more information, contact us now or call 713-226-9900. The Kahn Law Firm, P.C. 1314 Texas Avenue, Suite 1012 Houston, Texas 77002 Telephone: 713-226-9900 Toll Free: 1-877-226-9940 Fax:713-226-9901   ©2005 The Kahn Law Firm, P.C.. All Rights Reserved