Juvenile Detention Hearings

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com

Juvenile law in Texas is different than what you think it might be. It’s a mix of both civil and criminal law and uses terms that may be foreign–even to lawyers not familiar with the process. The attitude of the juvenile judge can do a lot to hinder the progress of either the defense attorney, prosecuting attorney or both. Tough love is usually the concept behind juvenile law. This because, it is similar to federal court in that a juvenile typically does not have a right to a jury assessing punishment and the judge must follow a sentencing guidelines.

The real sticking point of the juvenile system for most parents is that children accused of more serious crimes can be held in custody until the time of trial. The juvenile system is not considered a punitive system, but one of rehabilitation; therefore juveniles are not given a bond–with no bond being set you can’t bond them out of jail and there they will sit. In some cases, the child will be released pre-trial by agreement. However, if the State does not agree to the release of the child, the child will receive a hearing to determine whether or not there is probable cause to believe the child committed the offense. The hearing will also be used to determine if there is probable cause to believe various conditions apply, one of which is whether suitable supervision is being provided at home and whether the child is following the supervision. The supervision condition may be very difficult to get around considering the child is before a judge in the first place and that may speak volumes about what the judge is going to think about the parental supervision.

Juvenile hearings can be very difficult to win. And the ability for the juvenile court to detain a child pre-trial also creates a situation where the child’s confinement can exceed his maximum potential sentence. However, a major difference between juvenile law and criminal law is that a child does not get back time credit for the time he/she is confined.

If your child is facing juvenile charges, you should seek the counsel of a lawyer to help navigate the process.

 

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