Protection from the Adult System

One of the most notable benefits of hiring a juvenile law attorney is protecting your minor from the adult system. Certain crimes carry the risk of the minor getting charged as an adult.

For example, a minor who commits manslaughter could be punished as if they were over the age of 18. Other crimes could include:

• Arson
• Sexual battery
• Murder
• Kidnapping

Without the right attorney on your side, things can quickly go awry. The sentences for adults are much harsher than those for minors, and it’s even possible for a falsely accused individual to get a life sentence.

Quality Representation

It’s imperative to have quality representation when dealing with accusations, but not all lawyers are created equal. Having the right attorney could dictate whether your minor overcomes juvenile criminal charges. Keep this factor in mind when moving forward.

Faster Results

Experienced lawyers know how to expedite the process. The longer a case drags on, the more stressful it can become. The last thing you want is to find yourself constantly worrying about your minor’s potential incarceration.

Your lawyer can also help your minor get released on bail as soon as possible. With the right lawyer, they can often be released within less than 24 hours.

Guidance

Dealing with an arrest can be intimidating for everyone involved. Working with a lawyer will provide much-needed guidance throughout the process.

They’ll help you and your minor understand the situation and your potential options. This will greatly aid in building the proper defense. There’s something to be said about the peace of mind that guidance provides, as it can substantially reduce the stress you experience.

Finding a Juvenile Law Attorney

Finding the right juvenile delinquency attorney is easier than most people anticipate. There are certain attributes to keep an eye out for during your search, though. Listed below are some of the most notable.

Industry Experience

Research their experience and see how long they’ve been working as a juvenile law attorney. The more time they’ve spent in the industry, the better.

In general, it’s best to prioritize attorneys who have at least a decade of experience. This will ensure they understand your case’s nuances.

Specialization

Do they specialize in this area of law? Just because an attorney says they can help with your case doesn’t mean they concentrate on situations like yours.

It’s imperative to find someone who primarily deals with similar cases. This goes a long way toward finding the best possible option for your needs.

If your prospective attorney plans to delegate your case, ask to meet the lawyer they’ll give it to. This prevents you from working with someone you know nothing about.

Reputation

Only hire attorneys who have untarnished reputations. You can gain insight into this information by reading online reviews.

See what previous clients have to say about their experiences. Look for reviews that specifically mention timeliness, professionalism, and results.

Communication

Some attorneys are more difficult to get in touch with than others. Being unable to reach your attorney can easily complicate your situation.

However, accessibility sometimes comes at a price. To clarify, an attorney might charge you extra to answer the phone or return emails after hours.

If you aren’t aware of these charges, they can quickly add up. Regardless, your lawyer should regularly communicate with you and keep you updated on the case’s progress. Before you hire them, ask them how they plan to inform you of important details.

The Advantages of Flat Rate or Upfront Pricing

You often get what you pay for when hiring a juvenile law attorney. Cheaper attorneys often lack the necessary experience to get the best results. Like everything else in life, experience and expertise come with a price and you must ask yourself, what’s your child’s future worth?

When your child is facing charges, the last thing you need are more unpleasant surprises. Unforeseen expensive legal bills can add stress and anxiety to an already tough situation. When it comes to cost, flat rate juvenile defense attorneys are your best choice to avoid any surprise bills and allow you to plan ahead.

Because juvenile legal issues are a specialized area of law, it’s not uncommon for experienced juvenile attorney to quote thousands or even tens of thousands of dollars depending on the charge. This can actually work in your favor. Most experienced and reputable juvenile defense attorneys will charge a flat rate or upfront fee. This will be a total estimate to represent your child for the entirety of the case from start to finish.

A flat rate may seem eye opening at first, but it will give you peace of mind and avoid any future surprise costs or added fees that can quickly add up. Flat rates also act as an incentive for your juvenile attorney to resolve the case in the quickest amount of time with the least amount of work. This can alleviate long-term stress on you and your child and potentially avoid the strain of dealing with investigators, psychologists, or other experts if they don’t need to be involved.

Flat rate juvenile defense attorneys may include some additional costs if the case goes to court, but these are usually transparent and discussed upfront.

Be wary of any juvenile defense attorney that charges by the hour. It’s likely they have little experience and could potentially add up enormous future costs without any end in sight. The last thing you need is to encounter financial surprises after hiring a lawyer. For example, let’s assume that an attorney charges $500 per hour. After a seemingly small retainer is paid, the billable hours can quickly add up and soon surpass the flat-rate quote of an experienced juvenile defense attorney.

Keep in mind the difference between flat rate vs. hourly billing juvenile defense attorneys and the overall potential cost of an adequate defense. Don’t be fooled by a low price quote. Make sure you discuss all the potential costs and that the juvenile attorney you consult is transparent with their strategy and charges.

Level of Comfort

Assess how comfortable you are communicating with the attorney. To get the best results, you’ll need to be in frequent contact with them and provide the necessary information. This can be difficult to achieve if they don’t seem approachable.

Enthusiasm

Look elsewhere if your prospective attorney doesn’t seem enthusiastic about your case. Attorneys who aren’t interested in working with you will likely fall short of your goals.

This is a situation to avoid at all costs, as it could jeopardize your minor’s freedom. Most people can gauge an attorney’s level of interest shortly after meeting them.

A great way to assess their enthusiasm is to observe if they ask questions. The more they ask about your case, the more likely they’ll give it their full attention.

Get Started ASAP

If your minor gets arrested, time is not on your side. It’s imperative to call a juvenile law attorney as soon as possible. They have the tools and resources to help you manage this situation and begin building a defense to insure the best possible outcome for your child.

Juvenile defense attorney Andrea Kolski has over twenty years of experience in representing clients in a wide range of cases, including domestic, criminal, and family. She strives to exceed expectations and deliver the best possible results while offering support, compassion, and transparent communication throughout the process. Reach out to her today to learn more about how she can provide the legal defense you deserve.

When minors or juveniles face charges, the consequences can have lifelong implications. The law treats juveniles differently and because of these unique differences, it’s important to have a lawyer that is experienced specifically in juvenile law.

Juvenile justice is a branch of law that focuses on handling cases of minors committing crimes. The processes are similar to the adult system, but it’s much more restorative. The justice system believes that youth criminals are more capable of changing their ways than adults.

Despite this apparent optimism, though, the juvenile justice system is far from perfect. Multiple studies have found ethnic and racial disparities, an emphasis on confinement, and many more issues. Thus, a guardian needs to find the right juvenile defense attorney to represent a minor accused of a crime.

Read on to learn some important tips for hiring a lawyer that will deliver the best outcomes.

Hire an Attorney That’s Local

There’s an old saying that “all politics is local”. The same can be said for the law. Every judge and every court is unique. They have specific operations and nuances that could have a direct impact on your case. So, knowing a judge and the court can be extremely beneficial to your case. You should prioritize hiring an attorney that’s familiar with the court, community, and judge where the juvenile case is filed. It’s also imperative that you choose an attorney who’s spent more time in your area over one that hasn’t.

Laws can vary from state to state and even city to city. A lawyer who’s unfamiliar with the local court will be at a disadvantage when it comes to a case. Even if the laws are similar and the case seems to be straightforward, a stranger to the court won’t be familiar with the people and nuances that play a role in the outcome of a case.

Many lawyers know the law. But that’s a far cry from actually practicing it in real time and having the local knowledge that may be critical for a case. For example, some judges are more lenient with juvenile drug possession cases than others, or a judge may have a family history of drug abuse, etc. These factors play a central role in how a judge may decide a case. A local lawyer who has these insights will know how to best position a client before the judge.

Not Every Defense Attorney Specializes in Juvenile Law

You wouldn’t hire a plumber to fly a 747. Seems like common sense, but when it comes to lawyers, many people mistakenly assume one size fits all. Nothing could be further from the truth. Most lawyers tend to focus on handling cases in a particular area of law. These areas can include tax law, family law, criminal defense, and others. Juvenile law is one of these areas.

Experience in a particular area of law gives a lawyer greater knowledge and expertise in that area. Like a local lawyer who knows the court, a lawyer who specializes in juvenile law will have a depth of understanding and know best how to proceed with a case. The more a lawyer works in a specific area of law, the better equipped they will be for a case.

In addition, cases in a particular area of law can ebb and flow depending on the political climate, local attitudes, demographics, etc. These intangibles can play a part in a case and a lawyer who specializes in an area, like juvenile law, can get a feel for how a case is likely to be decided. As lawyers get a lot more experience with certain court cases, they can discern a pattern. They should eventually be able to predict how a particular court case will go.

Get a Juvenile Lawyer With This Unique Background

What if you had a coach that knew the other team’s playbook? They would certainly have an advantage on game day. There are a select few defense attorneys who have experience on the other side of the bench. A juvenile defense attorney who has experience as a prosecutor is like having a mind reader on your side. These rare juvenile defense attorneys have a distinct advantage over other lawyers.

Prosecutors have a very tough job. They typically handle a heavy workload, are relatively underpaid, and face enormous pressure to wrap up cases quickly. It’s not an easy job and it requires a specific set of skills.

Few defense lawyers understand what it’s like to be a prosecutor. They lack the real-world experience of sitting in that role.

However, a defense lawyer who has experience as a prosecutor can be a game-changer in a juvenile defense case. They understand the pressure a prosecutor feels and can sympathize with their plight. They can also talk the language of the prosecutor and get a level of respect from the court for having been “on of them”.

Ultimately, the prosecutor and the judge will determine the fate of a case. Having a juvenile defense attorney with experience as a prosecutor can give you a distinct advantage.

Read Reviews… With Caution

It seems every business or product we buy has a review. But, like anything else online, fake reviews are a real problem. Reviews can give you a lot of valuable information about what it’s like to work with a certain attorney and/or law firm. Specifically, you can learn how polite, professional, and communicative a lawyer is toward his or her clients.

However, fake reviews undermine your ability to get honest information. Unfortunately, fake reviews are easy to create, publish, and can give a false impression. While there are some safeguards to prevent fake reviews, they are quite common in the legal business and there is little punishment if caught.

Fake reviews are especially problematic with larger law firms that outsource their online marketing and customer care to other firms. Larger law firms are focused on high volumes of cases and leave their online presence in the hands of other, sometimes less-than-honest, outfits that outsource even further. When the left hand doesn’t know what the right hand is doing, it can be a recipe for disaster- and dishonesty.

Still, there are some simple steps you can take to insure the reviews you read are indeed trustworthy. First, when talking with a juvenile defense firm, ask specific questions about a review you read online. Ask for details about that case and if they struggle to answer, you may want to think twice about the firms honesty.

Cross-checking reviews among different platforms is also a good way to gauge a law firms quality. AVVO, Martindale-Hubbell, and even Google reviews are good places to start investigating a juvenile defense law firm.

Firms who have large numbers of reviews might give the impression they are big, successful, or experts in the field. Don’t fall for the big numbers. High numbers of reviews is a common tactic to get better placement on search engines- but it’s also a warning flag of fake reviews. Be a smart consumer! A large number of reviews has nothing to do with the quality of legal services for your one case. Don’t be fooled by a lot of reviews- they could be mostly fake.

With careful research, you can find some great tips for spotting fake reviews.

Make Sure The Lawyer You Meet Won’t Hand Off Your Case

Beware the bait-and-switch when talking with a juvenile law firm. Large law firms are especially renowned for this bad practice. This is when you meet with a lawyer at a firm and after you sign on the dotted line, you discover that they’ve handed your case to another less-experienced lawyer in the firm or outsourced to another firm altogether. While this is a terrible practice, it’s sadly common among the largest law firms who are focused on getting alot of cases rather than focusing on quality representation.

Be sure to confirm the lawyer you meet will be the lawyer handling your case from start to finish. Get it in writing as part of your agreement if possible. You don’t want to find out after weeks or months that suddenly your case has been handed off to someone else. It’s not fair and it can have devastating results.

Potential clients can ask the consultation lawyer about the experience level of the lawyer that will represent them. If the new lawyer seems like a reasonable choice, the client should give that law firm a fair chance.

Understand The Cost and Payment Upfront

Most experienced juvenile defense lawyers will quote a flat-fee to handle a case. Some may offer payment plans depending on the circumstances. It’s not unusual for experienced juvenile defense lawyers to ask for at least 50% upfront to begin working on a case. There will be a lot of research, investigating, filing, and other work to be done at the beginning and will incur upfront costs to the firm from the start.

Flat-fee representation actually works in your favor because it give extra incentive to the juvenile defense lawyer to get the best possible result in the shortest amount of time with the least amount of work. Understand that experienced juvenile defense won’t be cheap. You’re paying for expertise and the best possible result. If the cost quoted seems high, you can ask how they came up with that cost and what you can expect. Like everything in life, you get what you pay for and you have to decide what is your child’s future worth?

Experienced Compassionate Juvenile Defense Attorney

Having a child in trouble with the law is incredibly difficult. The worry, stress, and emotional strain can take a toll on everyone involved. That’s why having an experienced juvenile lawyer by your side can make all the difference for your family and your child’s future.

Juvenile defense attorney Andrea M. Kolski has over 20 years of trial experience in Texas and Montgomery county. She believes every child deserves the best possible defense and handles every case personally. Her track record of success is second to none. Contact us today for a free case review and see how we can help.

There’s a saying among criminal justice attorneys that “Everything on social media can and will be used against you.” While this may sound like a joke, the legal impact of social media use is no laughing matter.

Every year, the FBI records approximately 800,000 online cyber crimes. While we’re all glad when law enforcement cracks down on cyber crimes, more and more people, and especially teens, are finding themselves in legal trouble for misunderstanding the laws around cyber crime, social media, internet use, and other everyday platforms. Unfortunately, misunderstanding the law is no excuse when facing charges and the punishments are just as severe.

It’s estimated that Over 400 million people become victims of everything from cyberbullying to social media crimes. Unaware teens can find themselves in the crosshairs of law enforcement when it comes to online sex crimes, cyberbullying, and other social media misdeeds.

For many, the definition of “cyberbullying” and “social media” are vague and often confusing. Because of this, it’s easy to see why a growing number of people, young and old, are shocked when the the police come knocking at their door.

Online crimes are tricky to pin down at times. But make no mistake, crimes on social media have very real consequences just as severe as those in real life–and in some cases, even worse.

It may seem obvious which things you shouldn’t do online. Solicitation of a minor or making death threats are two common examples. But many may be surprised to learn that commonplace and seemingly innocuous activities can actually be grounds for legal penalties.

In this guide, we will discuss the five most common crimes on social media and how to insure you or a loved one doesn’t cross the line. Read on for five examples of things you should never do on Facebook, Twitter, Instagram, or any social media platform.

1. Social Media Crimes Include Using Copyrighted Material

Using copyrighted material can get you into hot water fast. Imagine one day you are Googling for a specific picture. You find one, save it, and then immediately publish it to your social media profile. Unless the image had a Creative Commons license, you may have unknowingly broken the law.

Copyright law is pretty straightforward: the creator of an image or video has the right to it. That means no one else has the right to use or profit from a particular image. The only way to do so is after having received explicit, written consent.

Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may need a chart to help you determine if you can share or use an image.

Generally speaking, we recommend against posting an image, video, or song that is not your own. If you decide to post licensed content on social media, be sure you’ve read and thoroughly understand the copyright license of that content and respect the protections of that legal license. If not, the owner of that material could take you to court and you could be on the hook for thousands, if not millions, of potential damages.

Are There Exceptions to This Rule?

There are exceptions but it’s best to err on the side of caution. One example of an exception is posting a friend’s picture, or one with a Creative Commons license. Further, you may not suffer any punishment for reposting a copyrighted image. The original poster would suffer the consequences in that situation.

There are many image, video, and music providers online that offer material for publication. Shutterstock, for example, allows users to pay a fee to reuse creative material from their site.

While most people may not realize they’ve posted copyrighted material, it becomes a serious issue when they make a profit off of it. For example, using a copyrighted song in a YouTube video or the image of a famous artist to promote your online business.

Be sure that any images or materials you post are not copyrighted. If so, look for online services that provide non-copyrighted material or other content free from license entanglements. A little bit of effort and careful planning can help you avoid trouble with the law.

2. Providing False Information

This is a very common occurrence that can land you in trouble. For example, visiting a website that has an age requirement, and lying about your age. Most people, especially minors, don’t realize this seemingly innocent action can land them in hot water.

Social media accounts like Facebook and Instagram have been making headlines recently for cracking down on fake profiles and other misleading information. It’s a crime to threaten harm or hurt people online, even with a fake account. Further, someone can be sued for defamation or other damages if they pretend to be someone else or causing damage to one’s reputation. Again, the laws are vague but the consequences can be very real.

This is especially the case when concerning crimes for minors. Teens or children may, for many reasons, label themselves as an adult in their profile.

However, this is against the law–and can land those they interact with online in real trouble. It’s especially true if they are using social media for dating. If a minor provides false information or a false age, they can face legal consequences. Further, the parents or guardians of that minor may also be liable depending on the situation and activities the minor was engaged in.

3. Impersonating Another Person

As mentioned above, it’s illegal to impersonate another person. However, parody accounts may be protected under free speech. Still, taking parody too far can lead to legal repercussions.

Using a fake ID in real life is illegal. Similarly, impersonating another person online can also be illegal. Parody accounts are acceptable, but there are specific rules and guidelines that must be followed to avoid crossing the line. For example, it must be blatantly clear that an account is a parody. How exactly one defines “blatantly clear” is anyone’s guess.

Law enforcement is an exception and often uses fake online profiles to track down cyber criminals or online predators. Online sting operations are a growing part of police work because they are cheap to conduct, pose little risk to the officers, and can provide a digital trail of evidence when or if an arrest is made.

Put simply, it’s best for most people to steer clear of impersonating another person online to avoid problems with the law.

4. Recording a Call Without Someone’s Consent

Perhaps, in order to gather evidence on a sketchy business or person, you record a Facebook or Instagram call with them. You do so secretly, without warning them. Your intention, after all, is to catch them in the act.

Texas is a one-party consent state. In other words, unless you are one of the parties on the call, you can’t record a conversation between two people without their consent. However, there are guidelines to how that recording may be used or submitted to a third party.

If for some reason you need to record a call, make sure you are adhering to Texas recording guidelines and don’t record calls or conversations of others without their consent. Public places, such as malls or sporting events, are often exempt from the privacy rules but even those situations can be illegal depending on the type of recording.

5. Uploading Pictures of Someone Without Consent

Your First Amendment rights allow you to take pictures of anyone you like in a public space. It’s only in places with a “reasonable expectation of privacy” where that is not the case. For example, on the premises of private property.

Say you go to a friend’s house for a party and take a picture of them or someone else there. If you don’t know them well, you should ask them for permission before posting their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent. Privacy laws are intended to protect us all and apply even with friends and family.

Facing charges? Get Experienced legal help

Social media laws continue to evolve and the confusion around what’s legal and illegal is common. In this article we briefly covered some common situations such as impersonating another person, providing false information about yourself, and profiting off copyrighted content. But this is just a small sample of the many laws surrounding social media and the legal issues that people in every community may face.

When it comes to online and social media use, it’s best to proceed with caution. However, if you or a loved one have found themselves on the wrong side of the law, such as online solicitation or other cyber crimes, Montgomery county criminal defense attorney Andrea M. Kolski has the experience and skills to insure your rights are protected. She’s been fighting and winning in Texas tough criminal courts for over 22 years. Andrea’s record of success is second to none. Contact us today for a free case review.

The situation may be dire, but there is hope.

When your child is the accused of a crime, it’s not time to take the law into your own hands. Emotional parents can often complicate things and make matters worse. It’s best to let an experienced Montgomery Juvenile Defense Attorney work on your behalf and insure your child has the best chance at a future they deserve.

How do you know you’re getting the best juvenile attorney to represent your child? These questions below will help you determine if your lawyer is the right one.

The Concerns of a Juvenile Arrest

It is a scary thought for any parent, getting that call that your child is under arrest. A lot of thoughts can go through your head.

You may anger towards any number of individuals, or sadness that this has happened. In the moment, it is hard to ignore those emotions.

To best help your child, though, you must be calm, collected, and set up a legal defense as soon as possible.

Questions to Ask Your Juvenile Criminal Defense Attorney

Meeting with a lawyer can be a stressful time. An experienced juvenile criminal defense attorney can explain things and relieve some of the stress you may feel.

Regardless of who you hire, it is always good to come prepared for your meeting. These 8 questions will cover your bases in regards to what you need to know when picking the best juvenile lawyer for you and your child.

1. What is Your Experience with Juveniles?

As there is a lot less concrete background to juvenile cases, due to the larger number of adult cases on record, experience in these types of cases is key.

Has your lawyer represented a minor before? Have they represented, or even sat in on, a juvenile law case?

The more years a lawyer can note as experience in this particular matter, the better hands you are in. Most law firms will note their expertise in juvenile cases, as it is less common than other types of cases.

2. What is Your Experience with My Charges?

Each court case is different. Every charge accused brings with it a dozen variables that all need consideration in different ways.

A lawyer’s experience can be vast, but the most important note here is how the lawyer views the case. Even if they have no experience with the exact charge, they may be able to identify the similarities this charge has with other cases.

A lawyer with no experience, but with an eye towards adapting and understanding what each charge means can still be invaluable.

3. Are you Attorney who will Handle my Case?

When dealing with a large law firm, it is a common practice to send in a senior lawyer in for a consultation. Afterward, a junior lawyer may be in charge of the case.

This is common, so you need to be upfront and make sure the questions you ask are going to who you need to judge yourself.

It would be a waste to spend time with all these questions only to find the lawyer you asked is not the one representing you.

This also gives you a good idea of who you have to deal with. You can be confident with whom the law firm sends as consultation.

Though, if the actual lawyer in question has nothing but inexperience and uncertainty, then the firm in question is not right for you.

4. What is Your Fee Structure?

Payment is, as always, a big consideration with any service.

Lawyer fees can be simple. The more you question and go over, the easier the idea will be. Is there an hourly fee or a flat rate? Are there retainer fees? Does going to court affect your fee? What other expenses may come up in this case?

5. What’s the Likely Outcome of my Case?

No juvenile lawyer can guarantee an outcome. However, experienced juvenile lawyers can review the details of your case and discuss strategies and the range of possible outcomes.

Beware if they promise too much. Sometimes less skilled lawyers may say what you want to hear to get your business. Don’t let yourself be sold a pipe dream. Your child’s future may depend on this person, so you want to make sure your lawyer sits and talks out the details with you.

An experienced juvenile defense attorney will have no trouble covering details of your case and the possible outcomes based on their extensive experience.

6. Have You Ever Worked as a Prosecutor?

There are an elite few defense lawyers who have experience on both sides of the bench. This gives them a unique understanding of the inner workings of the court, the judges, and the law enforcement people involved. They’ve been in their shoes, so they have a better idea how to present your child’s case.

Imagine a football coach who’s got the other teams playbook. That can be incredibly useful at game time.

Find out if the juvenile criminal attorney you’re meeting has experience working on the other side of the bench as a prosecutor or with the district attorneys office. This experience is priceless and could pave the way for your child’s future freedom.

7. What Possible Strategies Do You Suggest?

The answer to this can vary from case to case, and from lawyer to lawyer. The important thing here is that they have, or can come up with, a sound strategy that fits you and the charges against you.

The strategy they might suggest will not be the absolute way your case should go. In the early stages of consultation, there are still many variables to consider.

The idea is having a solid grip of how similar cases may go. As well, a good lawyer can notice and understand many of the prime variables right away, such as the degree of charges and nature of the incident.

8. What Can I Do to Help my Case?

The best juvenile criminal attorneys will give you advice on how to proceed moving forward. They will suggest how you and your child should go about the coming weeks in order to reduce your anxiety and position for the best possible outcome. They are advocating for you and any suggestions they make will be in you and your child’s best interest.

A juvenile criminal lawyer’s job can get complicated. The last thing they need is for their client to do something that could jeopardize the entire case. Listen to your lawyer, do what they tell you to do, and be open and willing to proceed with their plan.

Get The Best Lawyer For You And Your Child

Dealing with the criminal justice system is never easy. When a child is facing charges, it can be an incredibly difficult and frightening time. With the right juvenile criminal defense attorney, you can give your child the best chance at a favorable outcome. If you or a loved one are in trouble in Montgomery or Houston area, contact the law firm of Andrea M. Kolski. We have over 20+ years experience with juvenile criminal charges. Let us help you stand up for your child and their future.

Yet, juveniles are routinely tried as adults, particularly in serious violent crimes or when they are a repeat offender.

How is the distinction made, and who makes it? When can juveniles be tried as adults? Keep reading to learn more about how the justice system applies to minors.

There Are Two Court Systems in Texas

Similar to most states, Texas operates two court systems: the juvenile court system and the adult criminal court system.

Juvenile court generally deals with minors between ages 10 and 17. Any person 18 and older automatically go through the adult system.

However, depending on the charges, not all children make their way into juvenile court. If a minor is age 14 or older, then they can be referred to the adult system.

When Can Juveniles Be Tried as Adults?

When a 14-year-old is transferred into the adult justice system, it is called a “judicial waiver.” A judge may use a juvenile waiver when the case meets two conditions. This waiver denies the juvenile offender in question the protections that the juvenile court system provides.

First, there needs to be probable cause to believe the child committed the offense. The state needs to provide probable cause to bring charges, but in these cases, there is a strong likelihood of conviction.

Second, the juvenile court can refer the case when they believe the nature of the offense – or the child’s history – begets a proceeding in an adult court. These are serious offenses and treated as such.

In other words, it has to appear likely that the child is guilty, but the case also needs to suggest that the child has a violent background that doesn’t respond to traditional rehabilitation.

Unlike other states, Texas uses the 14-year-old rule across the board. It is the minimum age for a judicial waiver for:

• Certain felonies
• Capital crimes
• Certain drug offenses

Some states, like Kentucky, can refer children as young as ten.

Once a juvenile enters the adult system, they stay there if they commit another offense (“once an adult always an adult”). The only exception is if there is an acquittal or dismissal in the case or if there is a reversal upon appeal.

What Does It Mean to Be Tried as an Adult in Texas?

When a judge transfers a juvenile’s case to an adult court, it means they face the same sentencing structure as adults. However, a minor in adult court does not face the death penalty or life in prison without parole.

They also have an adult criminal record. While some convictions on juvenile records can be expunged or sealed, it becomes much more difficult on an adult record.

Being tried as an adult – even and especially for serious felonies like murder – is terrible for juveniles. Rather than focusing on rehabilitation through the juvenile system, the adult court threatens to put them away – and put their life on hold indefinitely.

Is It Possible To Stop a Child from Being Tried as an Adult?

In theory, the chances of a child receiving a transfer to adult court should be only in the rarest and most extreme cases. Unfortunately, the state of Texas is well-known for fast-tracking minors out of the juvenile system, with some attorneys acknowledging it could be a good legal strategy.

Between 1997 and 2007, 93 percent of juvenile certifications were granted in one Texas county. The figures represent what some officials call an assembly line system based on cost-cutting and expedience rather than justice and rehabilitation.

In this system, appearances can play a big role in the defendants fate. Kids can look like children in adult court; not like the troubled youth trotted out in front of juvenile court judges day after day.

There’s another unfortunate fact about Texas law. Before 1995, kids had an automatic appeal when moved to adult court. Today, they don’t have the right. Once a judge remands a case over to the adult criminal court, the criminal court cannot hand it back to the juvenile court.

What Happens Next?

Unfortunately, if the juvenile court refers the case to the criminal court, the best thing to do is find an excellent criminal defense and attempt to either lessen or beat the charges brought against the child.

While the system may appear to have the best intentions, oftentimes these juveniles face an uphill battle to prevail in court. A strong legal defense will be in order.

In some cases, a lawyer may recommend leaning into the adult criminal court referral. The child has to sit before a jury, who are more likely to see them as a child than a judge who sees children all day in juvenile court.

There are a wide array of possible defenses and no way to include them all here. Everything depends on the case and the defendant in the chair. However, some common strategies that are used in adult court include the recognition of the environmental characteristics that contribute to youth crime, including:

• Impact of community disinvestment on development and behavior
• Consequences of childhood trauma and the long-term effects
• Stress caused by living in poverty
• Poor decision-making skills as a result of development (youth aren’t fully developed until their 20s)

A criminal defense attorney can help you identify the best legal argument for your case.

Remember: Minors Lose Indigent Defense in Criminal Court

In juvenile court, juveniles have a constitutionally mandated access to counsel. The access does not depend on their ability to afford it, and the court doesn’t hold accountable if they do not have an attorney.

Once the court turns them over to the adult criminal court, the indigent defense disappears. However, the court should still appoint them one.

Is Your Child Being Tried as an Adult?

The Texas court system can be particularly harsh on troubled juveniles. Prosecutors and judges are overworked and cases stack up quickly. It’s difficult for them to see beyond the basics of the case and move onto the next case. This is where a skilled juvenile defense attorney can turn the tide in your favor and perhaps protect your child’s future.

Unfortunately, the Lone Star State also has a history of using the process as a way to push cases out of the juvenile court for efficiency – not based on what’s best for the defendant.

If your child’s case gets sent to adult criminal court, there’s no way to reverse the process unless deemed improper. At this point, it’s crucial to focus on winning your case.

If you know a juvenile who’s in legal trouble, we can help. We specialize in juvenile cases and are compassionate to their situation. We have successfully defended troubled teens for 20+ years in Texas courtrooms. There are dozens of young people enjoying a happy, fulfilling life thanks to our work. Contact the office of Andrea M. Kolski to review your case. Click here to schedule a confidential appointment today.