Austin Juvenile Defense Attorney

Learning that your child has been arrested can turn an ordinary day upside down. In Texas, a child who was 10 to 16 at the time of the alleged conduct goes through a separate juvenile system with its own rules and fast deadlines. An Austin juvenile defense lawyer can step in while decisions about detention and diversion (handling a case outside formal court) are still open.

At Marc Chavez Law Firm, we defend children and teenagers in Travis County and across Central Texas. Attorney Marc Chavez spent 12 years as an Assistant District Attorney, eight of them in Travis County, before founding the firm in 2018. Call (512) 337-9774 or contact us to schedule a free consultation.

Why Families Choose Marc Chavez Law Firm for Juvenile Defense

Many juvenile cases are shaped long before any trial: at intake, when a juvenile probation officer first reviews the case; at the detention hearing; and in talks about deferred prosecution. A lawyer who understands how the State evaluates a referral at those early points gives your family a clearer picture of the risks and realistic options while there is still time to act. Because a detention hearing can come within one or two working days of an arrest, Marc makes himself available to answer families’ questions at any time of day.

Marc Chavez prosecuted cases in Lubbock and Travis Counties ranging from traffic violations to capital murder. On the defense side, he uses that background to look at a case the way the State will, identify what prosecutors must prove, and find where the evidence falls short, so he can outline the likely risks honestly. Marc has also been named a Super Lawyers Rising Star.

What Counts as Delinquent Conduct in Texas?

Juvenile cases fall into two main categories. Under Section 51.03 of the Texas Family Code, delinquent conduct generally means violating a state or federal penal law punishable by jail or prison, which covers felonies and Class A and B misdemeanors. Most traffic offenses are excluded, but driving while intoxicated (DWI) and other intoxication offenses count. Drug possession allegations are usually delinquent conduct as well, because they typically carry possible jail time.

The second category, conduct indicating a need for supervision (CINS), covers fine-only offenses such as Class C misdemeanors, local penal ordinance violations, and a few other listed behaviors. Fine-only cases usually stay in municipal or justice court.

What Happens in the First Hours After a Juvenile Arrest

When police take a child into custody, the officer must promptly notify a parent or guardian, and a child can be held in a designated juvenile processing office for no more than six hours. In Austin, juvenile intake runs through the Gardner-Betts Juvenile Justice Center, where the Travis County Juvenile Probation Department operates an intake unit 24 hours a day, seven days a week.

If your child is not released, a judge holds a detention hearing without a jury. Under Section 54.01 of the Texas Family Code, that hearing must be held promptly and no later than the second working day after your child is taken into custody. For a child detained on a Friday or Saturday, the deadline moves up to the first working day after custody.

At the hearing, the judge must release your child unless the court finds at least one of these conditions:

• Your child is likely to run away or be removed from the court’s jurisdiction.
• No parent or caregiver is providing suitable supervision, care, or protection.
• No adult is able to bring your child back to court when required.
• Your child may be a danger to themselves or the public if released.
• Your child has a prior delinquency finding or jailable conviction and is likely to reoffend.

The hearing is a chance to show that a responsible adult can supervise your child at home, and lining up that supervision is one of the first steps parents can take after a juvenile charge. A detention order lasts no more than 10 working days before the court revisits it.

How Texas Protects a Child During Police Questioning

Texas limits when a child’s statement to police can be used in court. Under Section 51.095 of the Texas Family Code, a written statement is generally admissible only if a magistrate first warns the child of certain rights, the child knowingly, intelligently, and voluntarily waives them, and the child signs before the magistrate with no officer or prosecutor present. A recorded statement must include the magistrate’s warning.

The warning covers the right to remain silent, to have a lawyer present, to a court-appointed lawyer, and to end the interview. Every child also has a right to a lawyer at every stage of the case, and that right cannot be waived at the most serious hearings, such as one on whether to move the case to adult court. A child’s own words can become the State’s strongest evidence, so these protections matter from the first conversation with police.

The Juvenile Court Process in Travis County

A Texas juvenile case usually moves through four stages, from the first referral to a final decision about consequences:

At adjudication, your child is presumed innocent, and the State must prove the allegation beyond a reasonable doubt, as in adult court. Disposition works like sentencing and is allowed only if rehabilitation or public safety requires it. Outcomes range from probation at home to commitment to the Texas Juvenile Justice Department (TJJD).

Can a Child Be Tried as an Adult in Texas?

Yes. In certain felony cases, a juvenile judge can transfer the case to adult criminal court, a process often called certification. Section 54.02 of the Texas Family Code allows transfer if a child was 14 or older for an alleged capital, aggravated controlled substance, or first-degree felony, or 15 or older for a second-degree, third-degree, or state jail felony. The court must first hold a full investigation and hearing and find probable cause. It must also find that the seriousness of the offense or your child’s background means the welfare of the community requires criminal proceedings.

In making that decision, the court must consider, among other matters, these factors:

• Whether the offense was against a person, which weighs toward transfer, or against property.
• Your child’s sophistication and maturity.
• Your child’s record and previous history.
• The prospects for public protection and rehabilitation in the juvenile system.

A transferred case proceeds like any other adult criminal case. Even without a transfer, certain serious offenses, such as murder and aggravated robbery, can be prosecuted under determinate sentencing, authorized by Section 53.045 of the Texas Family Code, which can produce a sentence that begins at TJJD and may continue in adult prison.

Deferred Prosecution: Resolving a Case Without an Adjudication

Not every referral ends in an adjudication. Under Section 53.03 of the Texas Family Code, a case can be placed on deferred prosecution, an informal supervision period, for up to six months, with extensions capped at one year total. The child and a parent or guardian must both agree after being told consent is not obligatory.

In Travis County, a dedicated Deferred Prosecution Unit supervises eligible youth, who are typically new to the system. Completing the program closes the case without formal court proceedings, but the referral still creates a juvenile record that does not disappear when the program ends.

Sealing a Juvenile Record in Texas

Many Texas juvenile records can be sealed automatically, without an application. Under Section 58.253 of the Texas Family Code, a person referred to juvenile probation for delinquent conduct is entitled to automatic sealing once several conditions are met:

• The person is at least 19.
• There was no felony-grade adjudication.
• No delinquent conduct matter is pending.
• The case was never transferred to adult court.
• There is no adult felony or jailable misdemeanor conviction or pending charge.

A child referred only for CINS has a separate automatic path, generally at age 18 if there was never a delinquent conduct referral. Other records may be sealed by application. When an allegation is found not true, the record must be sealed right away. Sealed proceedings are generally treated as though they never occurred.

Frequently Asked Questions About Juvenile Cases in Austin

Can My Child’s Case Stay in Juvenile Court After Turning 17?

In many situations, yes. Texas law treats a 17-year-old as a child for juvenile purposes when the conduct is alleged to have happened before the 17th birthday, though timing can affect which court ultimately handles the case.

Will My Child Have a Lawyer at the Detention Hearing?

Yes. Unless the court finds that urgent circumstances make it not feasible, it must appoint a lawyer for your child before the first detention hearing. Families can also hire their own lawyer to appear at that hearing and stay with the case.

Is a Juvenile Adjudication the Same as a Criminal Conviction?

No, with narrow exceptions. A juvenile adjudication is not a criminal conviction and does not carry the legal disabilities of one, such as disqualification from a civil service job. It can still be used in limited ways, including some adult sentencing proceedings, which is one reason sealing eligibility matters.

Talk to an Austin Juvenile Defense Lawyer About Your Child’s Case

The days right after a juvenile arrest can shape everything that follows. Marc Chavez Law Firm offers a free consultation, so you can talk through your child’s situation with an attorney who has worked on both sides of Texas criminal cases. Call (512) 337-9774 or reach out online to speak with an Austin juvenile defense lawyer about protecting your child’s future.