Juvenile Arrest in Texas: What Parents Need to Know

The call comes late at night: your child has been arrested. What happens next follows different rules from adult criminal court, with different hearings, different deadlines, different outcomes, and protections that only work if you know to use them.

In Texas, a juvenile arrest goes through the juvenile justice system under the Texas Family Code, not the adult criminal courts. Your child can be held in a juvenile detention center, but a judge must hold a detention hearing within two working days, and in Tarrant County it’s usually the next working day. If the case goes forward, the juvenile court decides whether your child engaged in delinquent conduct and what happens next. In most cases, the outcome is not a criminal conviction.

First steps after your child’s arrest

1. Find out where your child is. In Tarrant County, detained children are taken to the juvenile detention center, not the adult jail.
2. Tell your child not to talk about the case. Texas law gives children special protections during questioning. Don’t undermine them with phone calls or visits about what happened.
3. Plan to attend the detention hearing. In Tarrant County, a parent or guardian must be present.
4. Call a juvenile defense attorney. A lawyer can be at the detention hearing and start working on release and diversion options right away.

Who counts as a juvenile in Texas?

Under Family Code §51.02, a “child” is someone who was at least 10 and under 17 when the alleged conduct happened. A 17-year-old, up to age 18, can also be handled in juvenile court for conduct committed before turning 17.

Juvenile cases fall into two categories:

• Delinquent conduct: conduct that would be punishable by jail or prison if an adult did it, such as theft, assault, or drug possession
• Conduct indicating a need for supervision (CINS): lower-level conduct such as fine-only offenses, running away, or certain school-related violations

A 17-year-old arrested for conduct committed after their 17th birthday goes to adult court.

Can police question my child without me?

Texas gives children stronger protections than adults when it comes to statements. Under Family Code §51.095, a written statement a child makes in custody is generally admissible only if:

• A magistrate, not a police officer, warned the child of the right to remain silent, the right to a lawyer, and the right to end the interview at any time
• The child signed the statement in front of the magistrate, with no police officer or prosecutor present
• The magistrate certified that the child understood the statement and signed it voluntarily

Recorded statements require similar magistrate warnings on the recording.

These rules exist because children are more likely than adults to say what they think an officer wants to hear. If your child is questioned, they should say they want a lawyer and stop talking. Parents should avoid asking about the facts of the case at the facility, where conversations may not be private.

What happens after a juvenile arrest?

After a juvenile is taken into custody, the case usually moves through these stages:

1. Intake. The juvenile probation department reviews the referral and decides whether to release the child, divert the case, or hold the child for a detention hearing.
2. Release or detention. Many children are released to a parent while the case is reviewed. Others are held at the detention center.
3. Prosecutor review. In Tarrant County, felonies, weapons offenses, and crimes against persons are normally referred to the court services unit, and the district attorney reviews the case and decides whether to file a petition.
4. Diversion or petition. Lower-level cases may be resolved through deferred prosecution or another diversion program. More serious cases lead to a formal petition in juvenile court.
5. Adjudication and disposition. If the case is contested, the court holds an adjudication hearing, which works like a trial, and then a disposition hearing, which works like sentencing.

The juvenile detention hearing

A detention hearing decides whether your child stays in custody or goes home while the case is pending. It isn’t a trial.

How fast it happens

Under Family Code §54.01, the hearing must be held within two working days after the child is taken into custody, or on the first working day if the child is detained on a Friday or Saturday. If the child was taken into custody without a warrant, a judge must also find probable cause within 48 hours, including weekends and holidays.

Tarrant County Juvenile Services schedules detention hearings for the next working day after admission, and a parent or guardian must be present.

Your child’s rights at the hearing

• The court must appoint a lawyer within a reasonable time before the first detention hearing if the family hasn’t hired one.
• Your child has the right to remain silent.
• Anything your child says at the detention hearing can’t be used against them at other hearings in the case.

When the judge can keep a child detained

The judge must release the child unless the court finds at least one of the following:

• The child is likely to run away or be taken out of the court’s jurisdiction
• The child lacks suitable supervision, care, or protection at home
• No parent or other responsible adult can bring the child back to court
• The child may be a danger to themselves or may threaten public safety
• The child was previously adjudicated or convicted for a jailable offense and is likely to reoffend

A detention order lasts no more than 10 working days, after which the court must hold another hearing to continue it.

This is where preparation matters. Showing the judge a supervision plan, school enrollment, and a stable home can make the difference between release and weeks in detention.

Deferred prosecution and other alternatives

Many juvenile cases never reach a courtroom. Under Family Code §53.03, a child may be placed on deferred prosecution, which is voluntary supervision lasting up to six months, with the consent of the child and a parent. If the child completes it, no petition is filed.

Important protections apply: the child generally can’t be detained because of the deferral, and incriminating statements made during the process can’t be used against the child in court. Deferred prosecution isn’t available for certain intoxication offenses, and some serious cases have to go through the prosecutor first.

Adjudication: the juvenile version of a trial

At an adjudication hearing, the court decides whether the state has proven that the child engaged in the alleged delinquent conduct. The child has the right to a lawyer, and the case can be tried to a judge or a jury.

If the allegations aren’t proven, the case ends. If the child is adjudicated, the court moves to a disposition hearing. In Tarrant County, a child who’s detained can expect the case to be set within about 10 working days of the detention hearing.

Disposition: what can happen after adjudication

At disposition, the judge decides the consequences. Options include:

• Probation, at home or in a placement outside the home
• Placement in a residential program or foster setting
• Commitment to the Texas Juvenile Justice Department (TJJD) in qualifying cases

Determinate sentencing for serious offenses

For the most serious conduct, including murder, aggravated robbery, aggravated sexual assault, and certain serious drug and firearm offenses, the prosecutor can ask a grand jury to approve a determinate sentence petition under Family Code §53.045. A determinate sentence can start in a juvenile facility and continue in the adult prison system, without the case ever being transferred to adult court.

Can a juvenile be tried as an adult in Texas?

Yes. Under Family Code §54.02, a juvenile court can waive jurisdiction and transfer a case to adult criminal court, a process often called certification. The child must have been:

• At least 14 for a capital felony, an aggravated controlled substance felony, or a first-degree felony
• At least 15 for a second- or third-degree felony or a state jail felony

The court must hold a hearing, order a full investigation, find probable cause, and decide that the seriousness of the offense or the child’s background requires criminal proceedings. A certification hearing is one of the highest-stakes moments in juvenile law, and it’s where an experienced defense attorney matters most.

Is a juvenile adjudication a conviction?

Generally, no. Under Family Code §51.13, an adjudication or disposition in juvenile court is not a conviction of a crime, with limited exceptions.

But that doesn’t mean the case disappears. Juvenile records can be used in some later proceedings, and serious cases can follow a child into adulthood.

Juvenile records can be sealed automatically

Under Family Code §58.253, a juvenile record for delinquent conduct can be sealed without an application once the person turns 19, if:

• There was no adjudication for felony-level conduct
• The case wasn’t transferred to adult court
• No juvenile matters are pending
• The person has no adult felony or jailable misdemeanor conviction, and no such charges are pending

Families with records that don’t qualify for automatic sealing may still be able to apply to the court.

Talk to a Fort Worth juvenile defense attorney

A juvenile case moves fast. The detention hearing can happen within a day, and decisions made in the first week shape whether the case ends in diversion, probation, or something far more serious.

At Cole Paschall Law, we represent children and families in juvenile court across Fort Worth and Tarrant County. Shawn Paschall is Board Certified in Criminal Law and spent nine years as a prosecutor. You’ll talk directly to an attorney, 24 hours a day, including the night of the arrest.

Call (817) 477-4100, or learn more about our Fort Worth juvenile crime attorney services. You can also read about the crimes juveniles are most often arrested for.

FAQs

How quickly is a juvenile detention hearing held in Texas?

Texas law requires a detention hearing within two working days after the child is taken into custody, or on the first working day if the child is detained on a Friday or Saturday. In Tarrant County, the hearing is normally held the next working day after admission.

Can police question my child without a parent present?

Police can question a child, but Texas law limits how the child’s statement can be used. A written custodial statement is generally admissible only if a magistrate warned the child of their rights and the child signed it before the magistrate, with no police present.

Does a parent have to attend a juvenile detention hearing in Tarrant County?

Yes. Tarrant County Juvenile Services requires a parent or guardian to be present at the detention hearing.

Can a juvenile be tried as an adult in Texas?

Yes. A juvenile court can transfer a case to adult court if the child was at least 14 for a capital, aggravated controlled substance, or first-degree felony, or at least 15 for a second-degree, third-degree, or state jail felony, and the court finds transfer is warranted after a hearing.

Will a juvenile record follow my child?

Not necessarily. Many juvenile records can be sealed automatically at age 19 if there was no felony-level adjudication, no transfer to adult court, and no later adult felony or jailable misdemeanor conviction.

Does my child need a lawyer in juvenile court?

Yes. The court must appoint a lawyer before the first detention hearing if the family hasn’t hired one, and Tarrant County requires a child to have a lawyer once a court hearing is set.