IS YOUR CHILD FACING A CRIMINAL CHARGE IN FORT WORTH, ARLINGTON, OR ANOTHER NEARBY CITY?
If so, you need an experienced Fort Worth juvenile lawyer who can successfully defend your child from juvenile charges. If your child has been charged with a crime in the Fort Worth area, they are facing misdemeanor or felony charges that could result in life-changing results if they are convicted.
Your child’s future may depend on the skill of their juvenile defense lawyer. It is critical that you hire an experienced and aggressive criminal defense lawyer near you in Fort Worth with extensive knowledge of juvenile criminal defense.
If your child is under 17 years of age and accused of a crime, they will likely be charged as a juvenile. If your child is 17 or older, they will be charged as an adult. However, if the State of Texas attempts to certify your child as an adult, it is possible that your minor child may be tried as an adult.
The most common types of crimes that the juvenile defense lawyers at Fulgham Law Firm P.C. handle are:
- DUI and other alcohol crimes
- Theft crimes
- Assault crimes
- Drug crimes
How To Choose the Best Juvenile Lawyers Near You
If the state has charged your child with a criminal offense, your head is probably spinning with questions. First, you need to know that not all criminal lawyers in Fort Worth handle juvenile cases. You need to work with a juvenile lawyer who understands the implications of juvenile felony charges in Texas as well as how juvenile misdemeanor cases work.
When you hire a juvenile lawyer at Fulgham Hampton Criminal Defense Attorneys, you'll benefit from the extensive experience our team brings to every case. With our decades of experience, we know the Fort Worth court system, the prosecutors, and the judges. We have a proven track record of successfully resolving criminal charges through negotiations, trials, reductions in charges and penalties, and even dismissals.
To better understand the potential impact of your child's pending charge, reach out to our dedicated criminal defense lawyers today. We can explain how your child's unique circumstances may be resolved and how we can help. In the meantime, here's a brief overview of some of the most common questions we receive and what you can expect while navigating the juvenile criminal system.
Does The Juvenile Court Require A Bond To Be Posted?
No! Unlike the adult criminal justice system, the juvenile courts in Texas do not process bonds. Rather than posting a bond, every juvenile arrested in Texas must be given a detention hearing. Upon being arrested, a juvenile has a right under Texas law to a detention hearing to determine if they should be released from custody. Texas law requires that the detention hearing must take place within 48 hours.
In fact, the Juvenile courts and probation department are required to contact the child's legal guardians “without unnecessary delay” to ensure they can attend the hearing. The 48-hour rule for a detention hearing is a strict requirement under the law, and the juvenile court must hold the hearing even if the juvenile’s parents are not available.
When Can a Child Be Held in Court Custody?
Under Texas law, a child must be released from custody at the Tarrant County Juvenile Center UNLESS the court determines the following:
- The juvenile’s family and case history present an elevated risk that the juvenile will flee and not attend court hearings.
- The juvenile’s family situation involves adequate supervision, and the juvenile’s care or protection is at risk.
- The juvenile’s parent or guardian is unable to arrange transportation or care to return the child for required court appearances.
- The juvenile poses a danger to himself or the safety of the public if released (this determination is very subjective in nature and easy for a judge to abuse) or
- The child has been found to be “delinquent” in the past or received a conviction for a crime punishable by a term in prison and is likely to commit an offense if released.
When charged with a crime, a child always has the right to be represented by a juvenile defense lawyer at every step of the proceedings. Don't face the criminal court system alone. Contact a juvenile lawyer on our team right away.
What Happens At A Juvenile Detention Hearing?
Texas law requires a detention hearing on all juvenile cases primarily to review the facts of the allegations and determine whether the family environment and arrangements will provide adequate supervision for the child's release and transportation back and forth to court.
An aggressive and experienced Fort Worth juvenile lawyer may help your child be released at the first detention hearing. Then, our criminal defense lawyers can prepare for the next court date by gathering police reports and digital media evidence. We'll also meet with you and your child to prepare our criminal defense strategy.
However, if your child is not released at the first detention hearing and the judge denies your request for release, we can request another detention hearing every 10 days (or sooner) to challenge the court's ruling that your child should remain in detention. Our juvenile attorneys will continue to request court hearing dates to ensure the juvenile criminal case does not fall through the cracks.
How Do Juvenile Cases Work in Fort Worth?
In Tarrant County, juvenile judges follow a presumption that any juvenile case involving guns or other possible deadly weapons should require the child to remain in custody longer than the 48 hours provided before the initial detention hearing. This is the court policy regardless of prior criminal history or whether the weapon was actually used against someone.
This blanket policy certainly does not seem fair, considering each case is unique. Also, it may not be in the best interest of the child to keep them in custody where a weapon was merely present at the scene with the child. However, Tarrant County juvenile judges justify this policy based on the belief that it prevents further gun cases or violent behavior in their jurisdiction.
Instead of focusing exclusively on punishment, the Texas Juvenile Justice Code works in tandem with the Texas Family Code to create a presumption that all juveniles charged with a crime should be rehabilitated. This makes sense. It is in the community's interest to attempt to rehabilitate every juvenile in the criminal justice system.
Under Texas law, the juvenile court is required to answer the question, “What is in the best interest of the child?” In the adult criminal justice system, there is more of a focus on punishment and deterrence. Rehabilitation is one of the lower priorities if you are charged as an adult in Texas.
The courts should strongly encourage juvenile rehabilitation because simply deterring future criminal acts can be counterproductive to rehabilitation. Some juvenile judges may lose sight of this goal, but our juvenile defense attorneys always remind the juvenile court of their moral and legal obligation to rehabilitate a child and not simply act as a source of punishment under the law.
Of course, a juvenile murder case will create a separate set of risks and results than a first-time juvenile shoplifting case. For non-violent criminal offenses, it is reasonable to conclude that it is in the best interest of the child to have their case resolved in a fashion that will permit supervision but provide the opportunity to have the juvenile case sealed from the criminal record.
What Happens Before a Juvenile Trial?
Once your child has been released from the Tarrant County detention center, the court will normally require them to report to a juvenile probation officer for bond conditions and a screening interview to determine their school and home environment. Because the standard under the Family Code is the “best interest of the child,” the court has wide discretion to interview the family and determine family history and background to ensure the juvenile is in a safe environment. Every juvenile must attend court with a parent or legal guardian.
The conditions placed upon the juvenile during the negotiations of the criminal case are similar to bond conditions many adult offenders receive. A juvenile can be required to provide drug tests, proof of school attendance, etc. These conditions upon the juvenile also apply to the parents or legal guardians of the juvenile because the ultimate responsibility for the juvenile attending court and complying with the terms and conditions of the juvenile court falls upon the parents or legal guardians.
To formally bring serious juvenile felony charges, the Tarrant County juvenile prosecutor must file a petition of delinquent conduct within 30 days of detention. Less time is permitted for the filing of a petition on misdemeanor and non-violent felony cases. In fact, the prosecutor must file a petition within 15 days after the detention hearing date for lesser charges. If a child remains in custody and a petition has not been filed by the Tarrant County District Attorney’s Office, our juvenile defense attorneys can petition for the immediate release of your child from custody.
Can A Fort Worth Juvenile Lawyer Help The Case Be Dismissed?
It is critical that you hire the best juvenile lawyers to defend your child if they have been charged with a crime in Fort Worth, TX, or a surrounding city. The best juvenile lawyers know that it is important to gain access to the evidence from the Tarrant County prosecutor and immediately perform a legal analysis to determine the strengths and weaknesses of the case and develop a legal strategy for defense.
Our juvenile defense lawyers will first determine whether the prosecutor can prove the elements of the crime. Your child has a right to a jury trial, and the State of Texas will always have the burden to prove the charge beyond a reasonable doubt.
For example, if your child has been charged with drug possession, can the State of Texas prove that your child exercised the care, custody, or control over the drugs? What if there were other juveniles or adults present at the time of the search? What if the drugs were not found in your child’s direct possession but, instead, in the center console of a car your child was riding in? Does that mean the prosecutor can prove criminal intent or possession? Not necessarily!
Or, what if your child was arrested for an assault at school? What if both kids were fighting with each other, and it is unclear who started the fight? The prosecutor will have the burden to prove that your child intentionally or knowingly contacted the other child, and that contact caused physical pain, AND that your child’s actions were NOT self-defense. The best way to get a juvenile case dismissed is to work with an experienced juvenile lawyer to establish a legal defense showing that the prosecution can not meet its burden of proving the criminal charge.
Consequences Of A Plea Agreement As A Juvenile
If both parties can negotiate a resolution to the criminal charges, your child will be required to “plead” or stipulate that the evidence is true and enter a formal plea of “true” to resolve the case. Upon entering a plea of true, a sentencing hearing will be scheduled to determine the appropriate sentence.
It is at this hearing that your juvenile lawyer should present witnesses that mitigate the criminal penalties and help provide a softer context of the family background. Our defense lawyers also reiterate the necessity for rehabilitation in all juvenile cases.
Under state law, the purpose of the juvenile justice system is “to remove, when appropriate, the taint of criminality from children committing certain unlawful acts.” In other words, a judge should start the sentencing process by presuming the child should have the opportunity to clear their criminal record in the future.
Trust A Skilled & Experienced Juvenile Defense Lawyer at Fulgham Hampton to Protect Your Child
If your child has been arrested and charged with a juvenile crime in Fort Worth, Arlington, or in Tarrant and surrounding counties, you need a team of skilled Fort Worth juvenile lawyers who have a proven track record of success helping families facing juvenile charges.
At Fulgham Hampton, you have the opportunity to work with a team of Former Prosecutors with multiple decades of criminal law experience and over 500 criminal jury trials. Do not trust your child’s fate to a court-appointed attorney or law firm that lacks the skill, knowledge, or resources to protect your child.
A juvenile conviction could result in jail time and profoundly influence your child’s future education and employment. At Fulgham Hampton Criminal Defense Attorneys, our goal is to prevent jail time and achieve a result that helps your child clear their record to protect their future.
CALL US RIGHT NOW FOR HELP.
We have helped hundreds of people in Texas, and we can help you, too. Complete our simple online contact form to schedule a free conversation with a juvenile lawyer on our team to explain what you need to know to take the next step. Fulgham Hampton Criminal Defense Attorneys serve Fort Worth and Tarrant County.