Arrest of Child Under 17 Years Old in Texas

Juvenile arrests in Texas (children younger than 17 years of age) are different from adult arrests.

Texas Family Code Chapters 53.02 and 54.01 govern the proceedings after a juvenile is arrested. Whereas an adult has a right to see a magistrate within 24-48 hours after arrest (depending on the level of offense), a juvenile has no such right.

Under 53.02, the judge or "other authorized officer" makes an immediate determination as to weather the child should be detained under factors which include whether or not the juvenile is likely to abscond, the degree of parental supervision at home, whether a firearm was involved, and the likelihood of re-offending if released. For specifics, read the code.

If it is determined that the child should be detained under 53.02, then not after the second working day after the arrest, the juvenile is entitled to a "Detention hearing" under 54.01. At that hearing, it is determined whether the juvenile should be detained for an additional 10 working-days based on the same general criterion as discussed in 53.02. After another 10 days, the juvenile is entitled to another hearing.

This process can be confounding to parents who are dealing with the trauma of having a child arrested. The police and the state can seem sympathetic, but unfortunately they often bring their institutional mind-frame to dealing with you and your child.

Getting your child released back to you can be a difficult and delicate process under the rules discussed above. You should seek attorney representation as soon as possible to maximize the chances of getting your child out of the machine that is the juvenile process.

After the release, there are generally charges which must be answered in court. Obviously an experienced lawyer helps there too.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

(214) 724-7065 (24-hour number)

*Jeremy F. Rosenthal is an attorney licensed in the state of Texas. Nothing in this article is intended to be legal advice. For specific legal advice, you should consult an attorney directly.