When seeking a lawyer you want the best. Don't you? Houston, Texas juvenile law is a unique area in that it combines both civil law and criminal law. While law was initially meant to rehabilitate young offenders, it has changed into an area in which juvenile records and adjudications can follow your children into their adulthood. As such, you need a lawyer who understands juvenile law.

The Charles Brown Law Firm handles all juvenile matters including juvenile offenses, status offenses, and children in need of supervision. Whether your child is charged with a felony, misdemeanor, or other delinquent conduct, our lawyers can provide valuable representation and advice. Cases involving children between the ages of 10 and 17 are handled in the Juvenile District Courts in Harris, Ft. Bend Montgomery, Brazoria, Galveston. And Chambers Counties (juvenile district or county courts in other counties). These cases are "civil" cases rather than criminal cases; however, certain rules and aspects of criminal law are applied to the juvenile.

Juvenile offenders are not subject to being released on "bond" but are either detained or released depending upon the circumstances

Juveniles are not found "guilty"; they are said to have "engaged in delinquent conduct" if the court or a jury finds beyond a reasonable doubt that an offense was committed. This is a minor distinction but benefits the child in the future. For example, most job applications ask whether or not a person has been "convicted" of a crime; a juvenile is not convicted therefore may answer in the negative.

If a child is found to have engaged in delinquent conduct, the disposition or ramifications can range from a probation where custody is left with the parents or guardians to probation where the juvenile is taken out of the home and placed into a juvenile facility to commitment or incarceration in the Texas Youth Commission. In some instances, the juvenile may face transfer or certification to the adult court to stand trial as an adult.

In a misdemeanor adjudication with a finding of delinquent conduct, there is a two year waiting period before the records may be sealed. The statutes states the judge shall seal the records if (1) two years have elapsed since final discharge for a non-felony offense and (2) there have been no convictions or adjudications on any charge since final discharge and no such action is pending.

If the adjudication is for a felony offense, the sealing is discretionary for the court (may or may not be granted) and the child must wait until he or she is at least 21 years of age and there can be no convictions or adjudications on any charge since final discharge and no such action pending. However, in a "determinate sentencing" case, these records may never be sealed.

Often juveniles are taken into custody by the police. In some cases, the police will release the child to a parent or guardian. When this happens, the parents are simply told their child is being charged but they can take the child home. During the next few days or weeks, the police are sending their information to the District Attorney. Once the District Attorney receives the information, a petition is filed with the juvenile courts. After the petition is filed, the child and his parents are "served" with paperwork to appear in court on a particular day. Papers are served or delivered to you by a Deputy Constable who usually will come to your home.

Also the juvenile probation department begins their process. The probation department is responsible for gathering information about your child and your family and preparing a report for the court. In most cases, a probation officer will contact you or your child to discuss his situation. Often, the probation department will contact you even before the petition is filed with the court.

Another possibility of sealing records without waiting either 2 years or until age 21 exists where there is no adjudication, i.e. no finding of delinquent conduct. This result is common when charges are dismissed or when a case is passed for deferred prosecution (a special form of probation which does not include a finding of delinquent conduct).