Juvenile Crime FAQ's
David Kiatta is a lawyer with children and understands that kids make mistakes. Many of these mistakes should not cause problems for a life-time. David is a lawyer in Sugar Land and represents families in Fort Bend County and Harris County. Talk to David if your child has been accused of a juvenile crime. David will provide a free one-hour consultation and explain your rights and how to protect them. David Kiatta is your attorney in Fort Bend County and your attorney in Harris County.
Question:
Does my child have to have an attorney?
Answer:
Yes. If your child is alleged to have engaged in delinquent conduct, he/she must have an attorney. The Court will appoint an attorney for him/her if you cannot afford to hire one.
Question:
Will my child, who has just been arrested, be taken to jail and treated like an adult? Can I post bond?
Answer:
Counties must have separate Juvenile Detention Centers for children between the ages of 10 and 17. For as long as he/she is held in custody, your child will never be housed with adults. A parent does not post bond for a child, but your child is permitted a hearing within 72 hours of the detention to decide whether he/she should be released. Note: It is very important for a lawyer to be present along with the parent/guardian at the detention hearing.
In deciding whether to detain or release a child, the Court will consider 5 factors: Is the child likely to be removed from the jurisdiction of the Court? Is there a parent/guardian present who can provide suitable supervision, care, and protection for the child? Does the child have a parent/guardian to return him/her to court when required? Is the child a danger to himself or others if released? Has the child previously been found to have engaged in delinquent conduct or is he/she likely to commit another offense if released?
Question:
What are the possible outcomes of my child’s case?
Answer:
If the attorney cannot get the charges against your child dismissed or if the child is convicted after a trial, there are several possibilities ranging from short periods of probation in the home to detention outside the home. Probation is the most common outcome.
Question:
Do juvenile records “go away” when a child turns 18, and can these records be sealed?
Answer:
Chapter 58 of the Texas Family Code orders that juvenile records be kept confidential. These records may be kept for the use of law enforcement officials and will be used against the child if he/she continues to get in trouble, but they will not be accessible through public background checks (such as for credit or job applications). Some offenses must also be reported to the child’s school for the protection of other students. Juvenile records can be sealed. Through an attorney, a juvenile may petition the court to have this happen. Please consult an attorney about your specific case and whether your child’s records can be sealed.
Question:
When will my child be released from custody; what will happen after his/her release?
Answer:
If your child is taken into custody by police and is charged with a crime, he/she may be released to you. A petition will be filed with the juvenile court and you and your child will be served with paperwork to appear in court. These papers are delivered to you at your home. During this time, the probation office will begin collecting information about your child/family. You will most likely be contacted to discuss the case with the probation officer. Note: It is important that you talk the case over with an attorney prior to speaking with a probation officer. Information given during discussions may be used in the report, which is shared with the court and the prosecutor.
