When a child is accused of a crime in Denton County, the stakes could not be higher. A single mistake — or a false accusation — can derail a young person’s education, limit future opportunities, and leave a permanent mark on their record if it is not handled correctly from the very beginning. Juvenile cases move quickly, and the decisions made in those early stages can shape everything that follows.
The juvenile justice system is also very different from the adult system. It has its own procedures, terminology, courts, and potential outcomes — including detention hearings, adjudication, disposition, probation, and even the risk of certification to stand trial as an adult in serious cases. Parents are often overwhelmed and unsure where to turn. Having the right legal team in place immediately can make all the difference.
At Varghese Summersett, we have two attorneys who are Board Certified in Juvenile Law by the Texas Board of Legal Specialization — a distinction held by only a small fraction of attorneys in the entire state. Board Certification reflects a proven level of experience, skill, and commitment to this highly specialized area of law. When your child’s future is on the line, you want advocates who understand the system inside and out — and who know how to protect both your child’s rights and their future.
Board Certified Partner Lisa Herrick earned her certification in juvenile law 2020. She spent more than eight years as a prosecutor in the Tarrant County Criminal District Attorney’s Office and has taken more than 80 cases to jury trial. She understands how the system works — from both sides — and uses that knowledge to defend young clients aggressively.
Our Denton County team also includes Ashley Feldt, a former Assistant District Attorney who served in both Denton County and Dallas County before joining Varghese Summersett. She knows the local courts, the local prosecutors, and what it takes to achieve favorable results in the Denton County juvenile system.
As a firm, Varghese Summersett has more than 100 years of combined legal experience, a team of over 70 professionals, and offices in Fort Worth, Dallas, Houston, and Southlake. We have secured more than 1,600 dismissals and more than 800 charge reductions for our clients. When your child’s future is on the line, you want the most experienced team in the room.
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What Families in Denton County Are Asking
Parents who contact us after their child’s arrest often have urgent questions. Will my child be locked up? Will this show up on a background check? Can these charges be dropped? The answers depend on the specific offense, your child’s history, and how the case is handled. What we can tell you is this: early intervention by a skilled juvenile defense attorney gives your child the best chance at the best possible outcome.
Here are some of the most common concerns we hear from Denton County families:
- My child was arrested at school — what happens next?
- Can a juvenile be tried as an adult in Texas?
- Will my child have to go to a detention facility?
- Can juvenile records be sealed in Texas?
- What is the difference between deferred prosecution and adjudication?
We address each of these below.
Texas Juvenile Law: What the Law Says and What Must Be Proven
The Texas juvenile justice system operates under Title 3 of the Texas Family Code, commonly called the Juvenile Justice Code. Under Texas Family Code § 51.02, a “child” subject to juvenile jurisdiction is a person who is at least 10 years old and younger than 17 at the time the alleged offense was committed.
Unlike adult criminal court, juvenile proceedings use different terminology. A child is not “convicted” — they are “adjudicated delinquent.” A child does not receive a “sentence” — they receive a “disposition.” But the standard of proof at an adjudication hearing is exactly the same as in adult court.
Under Texas Family Code § 54.03, a juvenile may not be adjudicated delinquent unless the State proves each element of the alleged offense beyond a reasonable doubt. The burden of proof is entirely on the State. Your child has no obligation to testify, explain themselves, or prove their innocence.
At the adjudication hearing, the State must prove:
- That the child is at least 10 years old and under 17
- That the child engaged in delinquent conduct (a violation of a penal law or certain conduct indicating a need for supervision)
- That each element of the specific offense charged is satisfied beyond a reasonable doubt
After adjudication, the court moves to a separate disposition hearing under Texas Family Code § 54.04, where the judge has broad discretion to fashion a disposition that serves the “best interest of the child” as well as the protection of the public.
Possible Dispositions in a Denton County Juvenile Case
If a child is adjudicated delinquent in Denton County, the judge has a range of options under Texas Family Code § 54.04. These include, from least to most severe:
- Deferred Prosecution: The case is put on hold for up to 180 days. If the child completes the conditions (counseling, community service, etc.), the case is dismissed. No adjudication occurs.
- Probation (Supervised): The child remains at home but must report to a probation officer, follow strict rules, and complete requirements set by the court.
- Placement in a residential treatment facility or foster care
- Commitment to the Texas Juvenile Justice Department (TJJD): For the most serious offenses, the court can commit a child to a state secure facility for up to age 19, or longer for certain violent offenses.
- Determinate Sentencing: For certain serious felonies — including capital murder, aggravated controlled substance offenses, and select sexual offenses — a juvenile can receive a determinate sentence of up to 40 years, which may be transferred to adult prison at age 19.
The earlier an attorney gets involved, the more options remain available. Deferred prosecution, for example, may be off the table if a child makes statements to law enforcement before counsel is retained.
Detention vs. Release: What Happens After a Denton County Juvenile Arrest
When a juvenile is taken into custody in Denton County, they are not booked into the adult jail. Instead, they may be taken to the Denton County Juvenile Detention Center or released to a parent or guardian depending on the circumstances. Juvenile detention in Texas is governed by Texas Family Code § 53.02, which requires intake officers to release a child to parents unless certain conditions are met — such as if the child is a danger to themselves or others, if no parent can be reached, or if the offense is serious enough to warrant detention.
Unlike adult cases, there is no formal “bond” hearing in the traditional sense for juvenile cases. Instead, the detention decision is reviewed by a judge within 48 hours (or 24 hours if detained on a Friday or weekend) under Texas Family Code § 54.01. At this detention hearing, the court decides whether continued detention is necessary. An attorney who appears at this first hearing can make a critical difference in whether your child goes home that day or remains detained while the case proceeds.
If your child has been detained at the Denton County Juvenile Detention Center on Morriss Road in Denton, call our office immediately at (940) 252-2220. We can appear at the detention hearing and fight for your child’s release.
Can a Juvenile Be Tried as an Adult in Texas?
Yes — and this is one of the most serious concerns for families facing severe charges. Under Texas Family Code § 54.02, the juvenile court may waive its jurisdiction and transfer a case to adult criminal court. This is called a “certification” proceeding.
Transfer to adult court can occur when the child is at least 14 years old and is charged with a capital felony, first-degree felony, or an aggravated controlled substance felony. For children who are 15 or older and charged with certain other felonies, discretionary transfer is also possible.
Once a case is transferred, the child is prosecuted in Denton County District Court just like an adult. A conviction can result in adult prison time and a permanent criminal record. Preventing certification is one of the most important battles a juvenile defense attorney can fight, and it requires early, aggressive legal action.
Common Defenses in Denton County Juvenile Cases
The State must prove every element of the offense beyond a reasonable doubt. That burden creates real opportunities to challenge the case at every turn. Our attorneys examine the evidence carefully and look for defenses including:
- Unlawful search and seizure: Evidence obtained without a proper warrant or legal justification can be suppressed under the Fourth Amendment. This is especially common in school searches.
- Unlawful interrogation: Police must advise juveniles of their Miranda rights, and questioning without a parent or attorney present can result in statements being excluded.
- Insufficient evidence: Eyewitness misidentification, unreliable testimony, and gaps in the State’s evidence can all be exposed at hearing.
- Lack of intent or knowledge: Many offenses require proof that the child acted intentionally or knowingly. If the State cannot establish that mental state, the charge fails.
- Alibi or mistaken identity: The child was somewhere else, or the wrong person has been accused.
- Age-based defenses: Children under 10 cannot be adjudicated delinquent at all under Texas law.
The Juvenile Court Process in Denton County
Most juvenile cases in Denton County are handled in the 323rd District Court, which serves as the county’s dedicated juvenile court. Here is a general overview of how the process works:
- Intake: After arrest, a juvenile probation officer determines whether to release the child, refer the case to the prosecutor, or seek informal adjustment.
- Detention Hearing: If the child is detained, a hearing is held within 48 hours to determine whether continued detention is necessary.
- Prosecutor Review: The Denton County District Attorney’s Office reviews the referral and decides whether to file a petition (formal charge), offer a deferred prosecution agreement, or dismiss.
- Adjudication Hearing: This is the juvenile equivalent of a trial. The judge decides whether the State has proven the offense beyond a reasonable doubt.
- Disposition Hearing: If adjudicated, the court determines the appropriate consequence — ranging from probation to TJJD commitment.
- Sealing of Records: Under Texas Family Code § 58.003, juvenile records may be sealed after the child turns 17 or completes probation in some cases. Certain serious offenses are not eligible for sealing.
Having an experienced Denton County juvenile defense attorney with you at every stage — starting from before the first hearing — makes a measurable difference in how these cases resolve. Our team is ready to step in immediately.
What to Expect From Varghese Summersett
From the moment you call, you will speak with someone who understands what is at stake. We do not treat juvenile cases as minor matters. A child’s record, freedom, and future are on the line, and we fight accordingly.
Here is what working with our team looks like:
- Immediate response: We answer 24 hours a day, 7 days a week. If your child was just arrested, call now — we can appear at the detention hearing.
- Board Certified representation: Partner Lisa Herrick is Board Certified in Juvenile Law, one of the most specialized credentials available in Texas. She personally handles juvenile cases and is supported by attorneys who have prosecuted cases in the very courts where your child’s case will be heard. Mike Hanson is also Board Certified in Juvenile Law and oversees our Houston office. Even though he is not based in North Texas, works closely with our Denton County team to provide strategic insight, share his extensive juvenile law experience, and ensure every case benefits from the collective strength of our Board Certified attorneys.
- Local knowledge: Attorney Ashley Feldt served as an Assistant District Attorney in Denton County. She knows how the local system works and how prosecutors evaluate cases.
- Strategic defense: We investigate immediately, preserve evidence, and pursue every available avenue — from pretrial diversion to aggressive adjudication defense to fighting certification to adult court.
- Long-term thinking: We look beyond the immediate case to your child’s eligibility for record sealing and the long-term consequences of any disposition.
Speak directly with a member of our team by calling (940) 252-2220. There is no cost for the initial consultation.
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Juvenile Defense Videos from Our Team
Board Certified Juvenile Lawyer Lisa Herrick explains what families need to know about the Texas juvenile justice system. Watch the video below, then explore our full juvenile defense playlist.
Understanding the Juvenile Intake Process — Lisa Herrick, Board Certified Juvenile Lawyer
For more juvenile defense videos, visit our complete juvenile defense playlist on YouTube.
Frequently Asked Questions
What should I do if my child is arrested in Denton County?
Tell your child to say nothing to police or school officials without an attorney present. Then call Varghese Summersett immediately at (940) 252-2220. The things your child says in the hours after an arrest are often the most damaging evidence the State will use against them. An attorney can stop that from happening.
Can my child’s juvenile record be sealed in Texas?
In many cases, yes. Under Texas Family Code § 58.003, a person may petition to have their juvenile records sealed after they turn 17, complete any probation, and have no pending charges. Some serious felony offenses — particularly those involving violence or sexual misconduct — may not be eligible for sealing. Our attorneys can evaluate your child’s case and advise you on the path to protecting their record.
What is deferred prosecution and is my child eligible?
Deferred prosecution is a voluntary program where the District Attorney’s Office agrees to hold the case for up to 180 days while the child completes certain requirements, such as counseling, community service, or restitution. If the child successfully completes the program, the case is dismissed without any adjudication. Not every case qualifies, and prosecutors must agree to offer it. Having an experienced Denton County Juvenile Defense attorney advocate for your child’s acceptance into the program significantly improves the chances of being offered this option.
Can my 14-year-old be tried as an adult?
Yes. Under Texas Family Code § 54.02, a 14-year-old charged with a capital felony or first-degree felony can be transferred to adult criminal court through a certification hearing. If certified, your child would face prosecution in adult court with adult-level consequences, including the possibility of prison time. Fighting certification requires immediate, skilled legal representation before the juvenile court makes that decision.
Is the juvenile court process different from adult court in Denton County?
Yes. Juvenile cases in Denton County are heard in the 323rd District Court, which operates as a specialized juvenile court with different rules, procedures, and goals than adult criminal court. The juvenile system is designed to balance rehabilitation with accountability, which creates different opportunities for favorable outcomes — but only if those opportunities are pursued by an attorney who knows how the system works.
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Your Child’s Future Is Worth Fighting For
A juvenile charge in Denton County does not have to define your child’s life — but it can if you do not act quickly. Varghese Summersett has two Board Certified Juvenile Law attorneys and a team that includes former Denton County prosecutors. We know the system, and we know how to fight for young people inside it.
Reach our Denton County office any time, day or night, at (940) 252-2220. The consultation is free — and early intervention can make a critical difference in the outcome of your child’s case.
