How Does the Texas Juvenile Justice System Work for Defendants Ages 10–16?
A child arrested in Texas does not go to "criminal court" in the adult sense — cases for ages 10 to 16 are heard in juvenile court under Title 3 of the Texas Family Code (the Juvenile Justice Code), a separate legal system from the Penal Code process that governs adult prosecutions. Texas juvenile courts have jurisdiction over children ages 10–16 who engage in conduct that would be a crime if committed by an adult. The system uses different terminology — "delinquent conduct" instead of crimes, "adjudication" instead of conviction, "disposition" instead of sentencing — but the consequences are very real: probation, mandatory counseling, TJJD placement, and a court record are all possible outcomes even though the case is not a criminal conviction on paper. The Texas Juvenile Justice Department (TJJD) handles placement for committed juveniles, and juvenile proceedings are confidential by default in ways adult criminal cases are not. A juvenile crimes lawyer Houston explains this terminology to families who are often navigating the system for the first time and are unsure whether their child is facing a "real" criminal charge — the honest answer is that it is a serious court proceeding with real consequences, just handled under different law, different rules, and a different set of possible outcomes than an adult would face for the same conduct.
| Age | System | Key Points |
|---|---|---|
| Under 10 | No prosecution | Children under 10 cannot be prosecuted under Texas law |
| 10–16 | Juvenile Court | Harris County Juvenile Court, TJJD commitment possible, sealing available |
| 17 | Adult Criminal Court | Texas treats 17-year-olds as adults for all criminal purposes |
| 10–16 (serious offense) | Certification to adult court | Discretionary or mandatory transfer — tried as an adult |
How Soon Must a Detained Child Appear Before a Judge in Harris County?
If a child is taken into custody and held in juvenile detention, Tex. Family Code § 54.01 requires a detention hearing no later than the second working day after the child was taken into custody — or, if custody began on a Friday or Saturday, by the first working day after. At this hearing, the juvenile court decides whether continued detention is necessary or whether the child should be released to a parent or guardian while the case proceeds. This short deadline means the first 48-72 hours after an arrest are often the most consequential window in the entire case — the family needs an attorney evaluating release conditions and probation intake immediately, not after the hearing has already happened. Herman Martinez treats this detention hearing with the same urgency as any adult bail hearing, because for a child, even a short stay in detention can affect school, family stability, and how the case is perceived going forward.
What Is Juvenile Certification as an Adult in Texas, and When Does It Apply?
Juvenile certification is the judicial transfer process under Tex. Family Code § 54.02 that moves a juvenile's case from Harris County Juvenile Court to adult criminal district court. Certification applies when a juvenile is accused of a capital felony, first-degree felony, or aggravated offense and is found unsuitable for juvenile rehabilitation. A certified juvenile faces the full adult punishment range — including prison terms up to life. Herman presents expert testimony, mental health evaluations, and treatment alternatives at every certification hearing. A juvenile crimes lawyer Houston prepares for a certification hearing as intensively as any adult felony trial, given what's at stake.
What Juvenile Charges Does Herman Martinez Defend in Harris County?
Herman Martinez defends juveniles in Harris County Juvenile Court against the full range of delinquent conduct charges — offenses that would constitute crimes if committed by an adult under Texas law. Common charges include assault, drug possession, theft, unauthorized vehicle use, vandalism, gang-related enhancements, and online offenses. Below are the primary juvenile offense categories handled in Harris County; three of the most common — shoplifting, vandalism/graffiti, and gang-related offenses — have dedicated pages linked below with the specific Penal Code sections, disposition ranges, and defense strategies for each. A juvenile crimes lawyer Houston handles every one of these charge categories in Harris County Juvenile Court.
School fights and altercations that escalate into assault charges — including aggravated assault if a weapon is involved.
Marijuana and other drug possession on school grounds or elsewhere — often leading to school expulsion alongside criminal charges.
Unauthorized use of a motor vehicle is a common juvenile charge that can be a state jail felony in adult court.
Criminal mischief charges involving graffiti or property damage — can be misdemeanor or felony depending on dollar amount.
Gang-Related OffensesA gang enhancement adds one full charge degree to an underlying offense and sharply raises the risk of adult certification.
Shoplifting/TheftTheft charges from retail stores — frequently the first contact with the juvenile justice system.
Read the full breakdown for each: juvenile shoplifting & petty theft defense, juvenile vandalism & graffiti defense, and gang-related juvenile offenses.
Juveniles facing DUI or DWI charges have a separate track within the system. See the underage DWI defense page for the DUI vs. DWI distinction under Texas law, the zero-tolerance standard for minor alcohol offenses, and how the ALR license suspension process applies to under-21 drivers. For juvenile record sealing after a case is resolved, see clearing your record in Texas. A juvenile crimes lawyer Houston coordinates the DWI-specific track separately whenever alcohol or drugs are involved in a juvenile case.
What Is Determinate Sentencing for Juveniles in Texas?
Determinate sentencing under Texas Family Code §53.045 is a middle path between standard juvenile adjudication and full adult certification, available only for a specific list of serious offenses — including murder, aggravated sexual assault, aggravated robbery, and certain other violent or repeat offenses. Unlike a typical juvenile case, a determinate sentencing petition requires grand jury approval before it can proceed, and it authorizes a juvenile court to impose a sentence of up to 40 years, blending time in a TJJD facility with the possibility of transfer to the adult TDCJ system once the juvenile turns 19. This is fundamentally different from certification, where the case leaves the juvenile system entirely from the start — under determinate sentencing, the case stays in juvenile court but carries adult-length punishment exposure. Because a grand jury must approve the petition, early intervention before that grand jury presentation can meaningfully affect whether determinate sentencing is even sought. A juvenile crimes lawyer Houston evaluates determinate sentencing exposure immediately in any serious juvenile case, since it changes the sentencing math dramatically compared to standard delinquency proceedings.
Juvenile Crimes Defense Questions
Below are the most frequently asked questions about juvenile criminal defense in Harris County — covering record sealing, police questioning rights, certification hearings, adjudication consequences, and DWI handling for minors.
In many cases, no — but it is not automatic. Juvenile records in Texas can be sealed after age 18 if the person has no adult convictions and meets other eligibility requirements. Some serious adjudications (equivalent to felonies) are not sealable. Herman works to ensure every eligible juvenile client pursues record sealing as soon as they qualify, protecting their future employment and educational opportunities. A juvenile crimes lawyer Houston pursues record sealing as a standard part of representation, not an afterthought.
Yes — police can question a juvenile before formal arrest, but Texas law requires that a magistrate warn the juvenile of their rights before any custodial interrogation. Police sometimes question juveniles at school before formal arrest without complying with these protections. Statements obtained in violation of the juvenile's rights can be suppressed. The single most important thing you can do: tell your child to say nothing to police without an attorney present, regardless of the circumstances.
A certification hearing determines whether a juvenile will be transferred to adult criminal court. The judge considers factors including the seriousness of the alleged offense, the juvenile's prior history, their amenability to treatment within the juvenile system, and the availability of appropriate juvenile rehabilitation resources. Herman presents expert testimony, mental health evaluations, and character evidence at certification hearings to argue that the juvenile system — not adult prosecution — is the appropriate forum. A juvenile crimes lawyer Houston argues for the juvenile system specifically because the consequences of certification are largely irreversible.
A juvenile adjudication is not technically a criminal conviction — it uses different terminology and is handled in a separate court system. However, the practical consequences can be severe: TJJD placement, probation, school impact, and long-term record implications. Certain serious juvenile adjudications count as prior convictions for adult sentencing enhancement purposes and cannot be sealed. Herman evaluates the long-term record impact of every disposition option before advising on any juvenile case outcome.
Yes — the juvenile system has more diversion options than adult court. Cases may be handled informally through deferred prosecution, community supervision, or dismissal for first-time or minor offenders. Herman pursues the most favorable available disposition, which in many juvenile cases means resolving the matter without an adjudication on the record. An informal resolution that avoids adjudication protects the juvenile's record and future opportunities most effectively. A juvenile crimes lawyer Houston pursues informal resolution whenever it is realistically available, since it protects a client's record most completely.
Many juvenile offenses trigger automatic school notification requirements in Texas, and schools can suspend or expel students based on juvenile charges even before adjudication. Drug possession, weapons charges, and violent offenses typically trigger Disciplinary Alternative Education Program (DAEP) placement. Herman addresses both the criminal proceeding and the school disciplinary process, advising families on how to navigate the school's response while the criminal case is pending.
A juvenile felony adjudication can result in commitment to TJJD, probation with strict conditions, and a record that may not be sealable. Certain serious juvenile adjudications — capital murder, aggravated sexual assault, robbery with a deadly weapon — trigger automatic sex offender registration or weapons restrictions that extend into adulthood. Herman evaluates each serious juvenile charge with the same rigor as an adult felony because the long-term consequences can be equally severe. A juvenile crimes lawyer Houston evaluates every serious juvenile charge with the same rigor as an adult case, given how far the consequences can reach.
In Texas, 17-year-olds are automatically treated as adults for all criminal purposes — they are charged, tried, and sentenced in the adult criminal system without any juvenile court proceedings. This is one of the youngest automatic adult thresholds in the United States. For 10–16 year olds charged with serious offenses, adult prosecution requires a certification hearing. Herman addresses both juvenile court proceedings and adult certification proceedings depending on the client's age and charge. A juvenile crimes lawyer Houston handles cases on both sides of this age line, since a single year makes an enormous procedural difference.
Texas has a "Driving Under the Influence" (DUI) law for minors under 21 that applies at any detectable blood alcohol concentration — not just .08. A minor DUI is a Class C misdemeanor for a first offense but carries mandatory license suspension and mandatory education program requirements. For under-17 juveniles, the case is handled in juvenile court. Herman defends minor DUI and juvenile DWI charges, including challenges to the stop, the BAC evidence, and the conditions of any probationary sentence.
Most non-serious juvenile records can be sealed when the person turns 18 and has no pending charges or adult convictions. The sealing petition is filed in the juvenile court, and if granted, the records are sealed from public view. Records of adjudications for certain serious offenses — those that would be first-degree felonies, capital offenses, or aggravated sexual assault — are not sealable. Herman files juvenile record sealing petitions as part of his post-disposition services to protect the client's adult opportunities. A juvenile crimes lawyer Houston files sealing petitions as soon as a client becomes eligible, without waiting to be asked.