Adult Court vs Juvenile Court - What Is The Difference? (2026)
Автор: Hampton Law
Загружено: 2022-08-11
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One of the biggest misconceptions of the Juvenile System is the difference between Adult Criminal Court and Juvenile Criminal Court.
If you wait around until the end of the video, I will give you a free e-book: What to do if you have been charged with a crime in Texas.”
Let’s break this down
Adult Criminal Court
1. What is the purpose of the criminal justice system
2. Will I be arrested?
3. Court system is very prosecutor driven, not probation driven
4. Felony charges must be indicted – which can lead to the case being thrown out quicker
5. Always have the right to a jury trial.
6. What will allow something to come off your record? Waiting periods
Juvenile Criminal Court
1. What is the purpose of the juvenile court?
a. Found in the Family Code, not Criminal Code
i. As such, there is a presumption that the child should be seen for possible rehabilitation. Less about punishment and more about rehab
2. Will my child be arrested?
a. It depends – sometimes the result of a juvenile investigation will result in a detention (not called arrest under juvenile law), other times, you may just receive a letter from the juvenile court stating you must show up for intake with probation
3. What happens if my child is detained?
a. This part is more unfair the adult court – in adult court, after you are arrested, you must be seen by a magistrate within certain time frames to be arraigned and given a bond
b. Under juvenile law – there is no such thing as a bond!
c. You only have a right to a detention hearing before a judge (every 10 days)
i. Juvenile law gives broad discretion to a judge – this can result in a child being treated unfairly by the system.
ii. For example – we have seen children detained for a first-time possession of a gun charge and Tarrant County juvenile court judges have an unwritten policy that you are not getting out of custody if you were detained for a gun charge. They will make you wait for the next detention hearing before consideration for release – which can take up to 10 more days! Imagine a 12 year old sitting in jail for 10 days or more for a first time non-violent offense? Crazy!!
iii. The other unfair part of the juvenile system – they grade they child based upon their behavior.
1. Behavior Level 1 required to get out! Judge will not even consider you for release unless your child’s behavior level is where they want it to be!
2. What if the child needs meds and the jail refuses? What if they speak up about it and now they are marked down for “talking back?” We have seen this sort of behavior be the basis for keeping children in jail!
3. Judges many times are very rude to the families and not open to their situation.
d. Very probation driven
i. You are required to meet with a PO for intake
1. They will ask many questions regarding the home environment, school issues, etc.
2. Don’t talk about the facts of the case – if you have a criminal attorney working with you, PO will know better than to do that.
e. Always have a right to a jury trial
4. Can My Child Get Their Detention Off Their Criminal Record
a. That is always the goal when a child has been detained. Many times, it depends upon the crime.
b. However, for less serious crimes, there is usually a way for an experienced attorneys to resolve the case so that it will be eligible for the child to have the record sealed upon reaching 18yrs old.
i. Diversion Programs
ii. Conditional Dismissals
c. If the prosecutor seeks to obtain a determinate sentencing against the juvenile, they could receive a sentence that they spend in TYC until they are 18, and then transferred for the remainder of their sentence in Adult system.
00:00 Adult Court vs Juvenile Court. What Is The Difference?
00:40 What's Adult Criminal Court?
01:03 Purpose Of Justice System In The Adult Court
02:02 Waiver Of Magistrate
04:53 Purpose Of Justice System In The Juvenile Court
05:47 Detention
06:05 What Happens If Your Child Is Detained?
08:06 How’s Juvenile System Grading Children?
09:30 Can You Clean Up A Juvenile Record?
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