Texas law recognizes that minors cannot make entirely reasonable decisions. Therefore, the law is more lenient when dealing with offenders under seventeen. Although juveniles can commit similar offenses to adults, they are not addressed in criminal court. Instead, they are addressed under the juvenile justice system, which aims to rehabilitate the offenders instead of punishing them.

Texas law and different constitutional protections govern arrest and questioning proceedings for juveniles. They ensure the fair treatment of minors involved in criminal activities. Minors enjoy numerous legal protections under the Juvenile Justice System. However, a sustained juvenile petition against them can impact multiple aspects of the child's life.

If your child faces an arrest and charges under the juvenile justice system, you must hire a skilled attorney to guide them through the juvenile case process.

Juvenile Arrests in Texas

Minors are individuals under seventeen years old. Like adults, minors can violate Texas and federal laws. Being underage does not exempt an offender from prosecution. However, the law does not hold minors to similar standards as adults. Therefore, juvenile cases follow a different procedure than adult criminal cases. The Texas Family Code governs the arrest, detention, and prosecution of juveniles in the state.

Texas adheres to certain principles to protect the rights of minors and ensure that juvenile arrests do not cause harm. The juvenile justice system provides rehabilitation and second chances for juvenile offenders. Strong family involvement and community programs ensure that the offender reforms.

Initial Contact and Investigation

A juvenile arrest begins when an officer suspects a minor of committing a delinquent act. Delinquent acts are generally offenses that would be considered crimes if committed by an adult. They include theft, assault, arson, or drug-related crimes. Minors could also face an arrest for violations that do not count as crimes for adults, including curfew violations and truancy.

A law enforcement officer cannot arrest a juvenile based on suspicions. Therefore, they must investigate the circumstances surrounding the alleged offense. The investigation might involve:

  • Speaking with witnesses.
  • Reviewing evidence.
  • Gathering information from the minor involved.

Before arresting a juvenile, the police must establish probable cause to believe they committed a crime. Probable cause is a standard requirement for arresting juveniles or adults in Texas. It is based on the officer's reasonable belief, informed by available evidence.

Actual Arrest

If the minor committed a minor offense, the officer can let them off with a warning. Alternatively, the officer can issue a citation requiring the minor to appear in juvenile court on a specific date. In other instances, the officer will arrest the minor and take them to juvenile hall for bookings and further interrogation.

An officer's decision to arrest your judge could depend on the following factors:

  • The severity of the offense Officers will arrest juveniles suspected of serious crimes like assault, robbery, or homicide. A law enforcement officer can cite and release a minor facing charges for a minor offense like curfew violation and petty theft. Officers might issue a citation for less severe crimes. The citation offers the minor an opportunity for diversion.
  • Prior record. A juvenile's history of prior offenses may influence an officer's decision to arrest them. Repeated violations might indicate the child's disregard for the court system, prompting an arrest.
  • Risk to public safety. The juvenile justice system aims to rehabilitate juvenile offenders instead of punishing them. However, the system will ensure public protection from minors' delinquent acts. If a juvenile poses an ongoing risk to public safety, the officer can arrest them and take them to juvenile hall.
  • Court order violation. If a minor is a repeat offender, a law enforcement officer can arrest them for a court order violation. For example, if a minor is on probation, they must follow specific conditions. A breach of these conditions can result in an arrest and detention.
  • The amount of evidence gathered. Before arresting a juvenile, an officer investigates the incident for probable cause. The amount of evidence the officer gathers can influence the decision to arrest the minor. If substantial evidence suggests that the minor committed the violation, the officer will arrest them.
  • The child's environment. A minor's home and community environment can contribute to their delinquency. Therefore, the officer's decision to arrest the juvenile may depend on the environment where the interaction occurred.
  • The number of offenses. A law enforcement officer can suspect a juvenile of committing one or more violations. Minors who commit multiple violations will face arrest and detention.

Interrogation and Questioning Procedures for Juveniles in Texas

After an arrest for violating Texas laws, a minor could undergo interrogations by law enforcement officers. Interrogations help gather more information about the offense and establish liability. However, the questioning procedures for juveniles differ from those for adult offenders.

Texas law has regulations regarding the questioning of minors. These regulations ensure the protection of the minors' rights while allowing law enforcement to gather evidence. Additionally, they support the juvenile justice system's goal of rehabilitating the offender.

Parental Consent During Questioning

Before interrogating a minor, law enforcement officers must notify the child's parent or guardian. Parents have a right to attend these interrogations. However, a minor can waive this right, meaning the interrogations will proceed.

Reading the Minors Rights

A law enforcement officer cannot question your child before reading their Miranda rights. The Miranda warning notifies the child of the right to remain silent. Therefore, a juvenile can choose not to answer any questions from the investigators. The law protects juveniles from coerced confessions or other tactics that law enforcement can use to obtain evidence.

Another right a juvenile has during questioning is the right to obtain legal representation. The impact of an arrest can take a toll on a juvenile. If your child faces an arrest in Texas, you must hire and retain a reliable juvenile delinquency attorney.

The lawyer will guide the child on the correct information to provide and how to conduct themselves during the interrogation.

Waiver of Rights

Minors can waive their rights to remain silent and get legal guidance. Under these circumstances, the child could interact with law enforcement officers. However, the court requires the minor to waive the rights voluntarily. Coercion or intimidation by law enforcement officers can result in dismissal of the child's case. A juvenile can stop answering law enforcement officers' questions without legal repercussions.

Role of the Probation Department in Juvenile Arrests and Questioning

The probation department plays a critical role in the arrest and questioning process of juveniles in Texas. After a juvenile's arrest, the court appoints a probation officer to oversee the case. The roles of the officer include:

Intake and Assessment

After an arrest, the probation department may conduct an intake process to assess the situation. It helps determine whether the juvenile offender should go home or remain in detention.

Another role of the probation officer is to assess the juvenile's risk level and factors that may contribute to their behavior. The probation officer's recommendations help determine the way forward.

Recommendations for Detention

The probation department may recommend a release if a minor is in a juvenile detention facility. However, a probation officer will assess the juvenile's home and family environment before recommending it. The assessment ensures that the minor will receive proper supervision and not return to criminal activity. The probation officer's recommendation is in addition to other factors in the case.

Legal Advocacy

The probation department works with defense attorneys to protect a juvenile's rights. The probation department does not conduct questioning of juveniles. However, a probation officer can advise juveniles of their rights. The officer ensures the juvenile understands their right to remain silent and to have legal representation.

Juvenile Detention in Texas

After an interrogation, the police officers can place the minor in a juvenile hall for detention. Juveniles have no right to bail in Texas. Instead, the juvenile court will schedule a detention hearing. At this hearing, a judge will consider the following factors:

  • The nature of the offense. The seriousness of the charges is a critical consideration for detention. Crimes like aggravated assault or homicide may favor detention.
  • Risk to public safety. The court will assess if the juvenile threatens the community if released.
  • Risk of flight. After a release with a pending juvenile case, the minor must return to court as scheduled. If the juvenile is a flight risk, the judge can order detention.
  • Previous delinquency history. The juvenile's past criminal history plays a role in the court's decision to detain them. A history of prior offenses could increase the likelihood of detention.
  • Home environments. The judge may consider a child's home environment when deciding whether to release or detain them following an arrest. If there is a risk that the child may not appear for juvenile proceedings due to unsuitable home conditions, the judge will order detention.
  • Mental health. A juvenile's mental state could affect their behavior and whether they need special care or treatment.
  • Availability of alternative detention options. If there are alternatives to detention, the court may consider them. They include electronic monitoring, placement in group homes, and house arrest,

Rights of Juveniles During Arrest and Questioning

If a minor faces an arrest and detention in juvenile hall, they will undergo interrogation by law enforcement officers. During arrest and questioning, the child has the following constitutional rights:

Miranda Rights

An important right that juveniles have during arrest and questioning in Texas is the right to know their Miranda rights. The Miranda warning requires police officers to inform suspects of certain constitutional rights, including the right to remain silent and the right to an attorney.

The Miranda warning is the same for juveniles as it is for adults. However, the U.S. Supreme Court ruled juveniles may not fully understand their rights. Additionally, a minor offender may fail to grasp the significance of their answers or statements. For this reason, minors must have legal representation to waive their Miranda rights.

Right to an Attorney

It is nerve-wracking for juveniles facing arrest and interrogation by law enforcement officers. Many juvenile offenders are confused and unsure how to proceed during the juvenile court process.

The right to legal counsel is essential to the juvenile during an arrest and questioning. The U.S. and Texas guarantee the right to legal representation for juvenile offenders. Under Texas FC 51.09, the juvenile court must appoint an attorney if the minor cannot afford one.

The right to an attorney in Texas applies in formal and informal settings. The courts presume that juveniles cannot understand the implications of questioning. Therefore, having an attorney present is essential to protecting the juvenile's interests.

The Right to Remain Silent

Juveniles have the right to remain silent under the Fifth Amendment of the U.S. Constitution. Law enforcement officers cannot force the child to provide self-incriminating statements during questioning. The right to remain silent applies before and after arrest or detention. Texas Family Code §51.09 protects a child's right to remain silent.

Juveniles must understand that they are not obligated to answer law enforcement questions. The right to remain silent is significant because minors may not comprehend the impact of their words. Juveniles can also stop talking and request an attorney anytime during the questioning.

Right Against Self-Incrimination

The Fifth Amendment of the U.S. Constitution protects juveniles against self-incrimination. When minors face interrogation, they have the right to remain silent. In Texas, law enforcement officers must advise minors of their rights in a way they can understand.

A child's uninformed confession or waiver of rights cannot suffice in their juvenile court proceedings. Minors have the right against self-incrimination. However, the court will consider their age and understanding of their legal rights. Courts often scrutinize whether a minor understands the consequences of providing specific information.

Additionally, Texas law outlines specific procedures for interrogating minors in juvenile cases. These proceedings ensure the protection of a child's constitutional rights. You can attend your child's questioning sessions as a parent or guardian to safeguard your child's rights.

Right to a Speedy Trial

In Texas, juveniles have the right to a speedy trial under the Sixth Amendment of the U.S. Constitution. However, the timelines for juveniles may differ from those for adults. Juvenile offenders have the right to a speedy trial. The speedy trial supports the goal of rehabilitation. The law recognizes that spending much time in the juvenile justice system can impact a minor's well-being.

Right to Special Protections

Juvenile offenders are subject to a separate justice system from adults. The primary goal of the juvenile justice system is rehabilitation instead of punishment. Juvenile court proceedings are informal, and minors enjoy additional protection. These protections can include confidentiality of proceedings and the possibility of alternative sentencing.

Parental Notification and Consent

Parental involvement is a critical factor in juvenile delinquency cases. Texas law requires that a parent or guardian receive notice of their child's arrest within a reasonable time frame and be present before questioning a juvenile in connection with a criminal or civil case.

However, if a parent is unavailable, law enforcement may proceed with questioning. Minors can waive the right to have a parent or guardian present during interrogation. However, they must waive the right voluntarily. Additionally, the officer must ensure that the child understands the consequences of the decision.

What is the Arrest and Questioning Procedure for Minors Charged as Adults in Texas?

Under the juvenile justice system, minors under seventeen face charges and prosecution. The juvenile court in Texas ensures juvenile offenders' rehabilitation and guides them toward making better decisions. Instead of serving jail time and paying fines, juvenile offenders undergo treatment and education.

However, there are instances when a child could face charges as an adult. Juveniles over sixteen years can face an arrest and charges in criminal court for serious violations like murder and rape. Under these circumstances, the officers treat the child as an adult through the arrest and questioning.

However, juveniles under sixteen cannot be arrested and charged as adults. Instead, the juvenile court can transfer them to criminal court after a transfer hearing. In this case, the child will undergo the arrest and questioning procedures as a minor. However, the prosecution and punishment could be that of adult offenders.

Find a Competent Criminal Defense Lawyer Near Me

Minors face arrests for conduct ranging from curfew violations to serious offenses like murder. However, offenders under seventeen years old receive different treatment from adult offenders. The proceedings for juvenile cases take place under the juvenile justice system. The juvenile court focuses on rehabilitation instead of punishment.

Unlike adult offenders, a law enforcement officer must have probable cause to arrest a minor. During arrest and interrogations, juveniles have rights and protections that may not apply in criminal court. Hiring and retaining a skilled criminal attorney is critical when your child faces an arrest and criminal charges in Texas. The attorney can work with your child to ensure your child's rights are protected.

At Andrew Deegan Criminal Attorney at Law, we help juveniles facing charges with court proceedings in Fort Worth, TX. Call us at 817-689-7002 today for much-needed legal insight.