Killeen Juvenile Lawyer - Attorney

 
Killeen Juvenile Lawyer: An Overview

Juvenile law deals with crimes committed by children. The age for a juvenile offender in Texas is between ten and seventeen years. By federal law, a juvenile is a person under the age of eighteen when he or she violates the law he or she is charged with. Governmental bodies, including the federal government, states and cities, prosecute various crimes committed by children, from traffic violations to felonies like rape and murder. If your child has been charged with a crime, it is essential that you seek legal counsel from an experienced Killeen Juvenile Lawyer at once so that you can preserve   his or her rights    and future.

Children involved in juvenile court matters have many of the same rights their parents would have if they were accused of a crime. These rights include the right to remain silent, the right to cross-examine witnesses against them and the right to be represented by an attorney. 

Juvenile Court

When an adult is charged with a crime, he or she is brought into court in order to determine first, if he or she committed a crime, and second, the appropriate punishment. Juvenile court has a somewhat different emphasis.
The purpose of juvenile court is not to punish young offenders, but to rehabilitate them. If a juvenile is found to have committed a crime, he or she is not "convicted," but "adjudicated." If a juvenile is incarcerated for his or her actions, he or she will not necessarily serve the same amount of jail time as an adult convicted of the same offense. Most states require juvenile offenders to be released from custody when they become adults. A juvenile adjudication will generally not count as a conviction of a crime, for future job applications.

In recent years, Texas has made the emphasis of juvenile court more like that of adult court, and focus on the punishment of young offenders. More juveniles are being tried in adult courts.

  Killeen Juvenile Attorney Can Help - Juvenile Defense Procedure

  
The police are obligated to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford one with their own resources. Most people have heard these warnings, "Miranda" warnings, in television police shows and crime dramas.

Killeen Juvenile Attorney Available for Juvenile Adjudication

If a juvenile is found to be guilty of a crime, he or she may receive probation, have a fine imposed, perform community service, make restitution or pay back the losses caused by the criminal acts, or be sentenced to serve time in a juvenile correctional facility. An experienced juvenile defense attorney may work with the prosecutor to negotiate a deal that provides for the least severe punishment or, if a deal is not possible, the defense lawyer can zealously represent the defendant in court.

Trial as an Adult

There often is a possibility that a juvenile will be tried as an adult, in adult criminal court, rather than a hearing in juvenile court. The protections of a juvenile court proceeding do not exist in adult court. Court proceedings and records are not confidential, but are open to the public, and the court may impose the same sentence on the juvenile (jail time, fines and probation) that would be imposed on an adult.

When May a Juvenile Be Tried as an Adult?

Laws in some states require anyone charged with certain crimes, such as homicide, to be tried as an adult, regardless of age. Many states also provide that a juvenile must be tried as an adult if he or she has been previously found guilty of an offense that would be a felony if committed by an adult.

Prosecutors are often given the discretion to charge a juvenile in either adult or juvenile court. This discretion is limited to certain types of offenses, committed by juveniles over a certain age. The offenses charged are usually violent, serious or repeat offenses. Some other factors that may be included are nature of the crime, extent of prior record, juvenile's intellect and philological development, and past rehabilitative treatment.

Judges in virtually every state may waive juvenile court jurisdiction and transfer a case to adult court. This is typically done at the request of the prosecutor. A hearing is usually held to determine if the case is an appropriate one for adult court. The main factor the juvenile court will consider is whether the juvenile can be helped by the juvenile court system. If the court concludes that the resources available within the juvenile court system can rehabilitate the juvenile, the case will stay in juvenile court.

Consequences of Trial as an Adult - Call Killeen Juvenile Attorney for More Information

A child tried as an adult will be treated no differently from an adult. Unlike juvenile court, all court proceedings will be open to the public, and the records of the proceedings will be public information. The record of a child's conviction will not be sealed, but will be a public record.

The sentence imposed will also be the same as would be imposed on an adult. Any time of incarceration would be served in an adult correctional facility. The length of time served behind bars would also be the same as for an adult. The time served would not be limited to when the juvenile reaches the age of majority, as in juvenile sentences. The consequences of a child being tried as an adult can be dramatically different from what may happen if a case stayed in juvenile court.

Conclusion

The possibility that a child may be tried as an adult adds a new, worrisome, aspect to any juvenile case.
Being accused of a crime is a frightening and stressful event. Even in minor cases, you should secure skilled and knowledgeable counsel who can help streamline the juvenile justice process, provide zealous representation and help minimize the impact on your child's life. If your child has been charged with committing a crime, do not delay in contacting an experienced Killeen Juvenile Attorney. Call F. Edward (Ed) Brown at 254-634-2587.

Juvenile Justice