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In Texas, offenses committed by an individual who is 10 years or older but under 17 are handled through the juvenile justice system.
In some cases, a person who is at least 17, but not yet 18, can be prosecuted through the juvenile justice system if they are alleged to have engaged in delinquent conduct or conduct indicating the need for supervision as a result of acts that occurred before they turned 17.
Our firm handles every level of juvenile defense. In fact, our Fort Worth juvenile defense lawyer Lisa Herrick is Board Certified in Juvenile Law. This means she’s been qualified as an expert in this area of law.
More than just being an expert, though, Lisa is passionate about defending juveniles because she knows the work she does can shape lives and get young lives back on track. One of the reasons she fights so hard is to avoid not just time in custody but also any blemish on a person’s record – particularly those juvenile adjudications that could leave a permanent blemish that extends into adulthood. That’s no way to enter adulthood. When you hire Varghese Summersett, you are hiring the very best juvenile defense in North Texas.
Our Fort Worth Juvenile Specialist Lisa Herrick is conveniently based out of our downtown Fort Worth office.
We are located at:
7th Floor, One City Place
300 Throckmorton Street, Suite 700
Fort Worth, Texas 76102
A juvenile attorney is an attorney who represents the child accused of delinquent conduct or conduct indicating a need for supervision. A juvenile attorney who is Board Certified is one of the very few attorneys who have proven themselves to be a specialist in the area of juvenile law. There are less than 65 Board Certified juvenile specialists in Texas.
Our primary goal is to do what is in the best interest of the juvenile we represent, but we are also invested in avoiding repeat business. In other words, and especially when we work with individuals who are young, we want to get them out of the problem they are in but we don’t want them to ever be in the crosshairs of law enforcement again. To the extent that we can be a positive influence, we seek to do that. We work with individuals whose entire lives are ahead of them and we don’t want a juvenile or criminal record holding them back for what they can be.
The juvenile system handles two types of conduct:
Delinquent Conduct is conduct, other than a traffic offense, that violates a criminal law of Texas or of the United States and is punishable by imprisonment or by confinement in jail. Family Code Section 51.03(a)(1). This includes Class A misdemeanors, Class B misdemeanors, and felony offenses.
Conduct Indicating a Need for Supervision (CINS) is conduct, other than a traffic offense, involving fine-only offenses such as truancy, running away, inhalant abuse, expulsion from school or violation of a “child at-risk” court order, prostitution and sexting. Family Code Section 51.03(b).
Lisa Herrick is an outstanding choice for juvenile defense due to her rare board certification in juvenile law, numerous professional honors, and extensive litigation experience with youth cases.
Lisa Herrick’s board certification, high-stakes trial record, and consistent recognition as one of Texas’s preeminent juvenile attorneys demonstrate that she brings proven, expert-level commitment to defending and protecting young clients.
As a criminal defense attorney can explain, the juvenile justice system does not handle these offenses as “crimes” in the general sense. Even though most juvenile cases are based upon a juvenile’s commission of a criminal offense, the offenses are handled under provisions in the Family Code, not in the Code of Criminal Procedure. As a result, the proceedings and the applicable laws differ from the adult system.
A juvenile defense attorney is an attorney who handles juvenile cases (hopefully regularly) but has not built the expertise, received the recommendations from peers and judges, or sat for and passed the rigorous exam to become a specialist in the area. If your child is charged with a juvenile offense, you cannot do better than hiring a juvenile defense specialist like Lisa Herrick at our firm to represent your child. Although there are only approximately 65 Board Certified juvenile specialists, one of them works at the Tarrant County District Attorney’s Office. Don’t give prosecutors the chance to have an edge.
A juvenile may be taken into custody by a law enforcement agency if the officer has probable cause to believe that an offense has occurred.
Probable cause exists when law enforcement has reasonably trustworthy information sufficient to cause a reasonable person to believe that a particular suspect has committed or is committing a crime.
Note, that this is not an arrest. Based on Family Code 52.01(b), even if a juvenile is taken into custody, they can truthfully state that they have never been arrested.
Once a juvenile is taken into custody, the law enforcement officer will take the juvenile to a juvenile processing office.
The juvenile may be held there for up to six hours. Family Code Section 52.025(d)
The juvenile may be held there for:
In Tarrant County, most juveniles are taken to the Juvenile Justice Center or “Kimbo,” which is located at 2701 Kimbo Road in Fort Worth. A parent has the right to communicate in person privately with the child for a reasonable period of time.
If the juvenile is not released from detention, or if release is not an option because a firearm was used or exhibited during the commission of the alleged offense, the court must have a detention hearing “promptly” but no less than the second working day after the child is taken into custody.
The juvenile must be represented by an attorney at the detention hearing. If the juvenile is taken into custody on a Friday or Saturday, the detention hearing must be on the first working day after the child is taken into custody. Family Code Section 54.01.
At the detention hearing, the judge will determine whether the juvenile should be released or not. There is no way to obtain a bond to secure a juvenile’s release from custody. If the judge determines the juvenile will not be released, another detention hearing must occur within 10 days. While many criminal law provisions do not apply to juvenile cases, the juvenile does have a right to remain silent. During the detention hearing, the judge will be most interested in the following factors in determining if the juvenile should be released:
A prosecutor may file a petition in juvenile court formally charging the juvenile. This is generally a charge alleging the juvenile engaged in delinquent conduct, but it could also be an allegation that the juvenile engaged in conduct indicating a need for supervision.
A summons is how the family is given notice that charges have been filed and the case is to proceed in juvenile court. The summons informs the court when the child must appear in court.
The prosecuting attorney will determine whether to file a petition for a determinate sentence or an indeterminate sentence. If the prosecuting attorney is seeking a determinate sentence, the prosecutor must obtain grand jury approval for the determinate sentence.
Family Code Section 53.045(a) provides a list of criminal offenses, including habitual felony conduct, for which a juvenile may receive a determinate sentence.
These offenses include
A juvenile has a right to a jury at the adjudication hearing, and must affirmatively waive that right in order to proceed before the judge. The judge explains the allegations to the juvenile, the consequences of the proceedings, and the juvenile’s legal rights. The juvenile will enter a plea of “true” or “not true” to the allegations. The Rules of Evidence do apply to this proceeding.
The State’s burden is to prove beyond a reasonable doubt that the juvenile has engaged in the alleged conduct. If the State cannot prove its case beyond a reasonable doubt, the court must dismiss the charge.
An order for adjudication in the juvenile system is generally not considered a conviction. However, an adjudication for a felony offense that took place after January 1, 1996, that resulted in commitment to the Texas Juvenile Justice Department (TJJD), which used to be called the Texas Youth Commission (TYC), is a felony conviction for the purposes of enhancement in an adult court. TJJD is basically prison for juveniles.
The disposition or sentencing hearing is separate from the adjudication hearing.
The sentence may be determinate or indeterminate.
There is no right to have a jury for indeterminate sentence cases.
The juvenile does have a right to a jury for determinate sentencing cases.
The juvenile court may relinquish its original jurisdiction over a juvenile, and have the juvenile tried as an adult in the criminal justice system if:
It is unusual for juvenile courts to certify juveniles as adults. The court will consider:
Whether the offense was against a person or property;
Straight answers to the questions Fort Worth parents ask us most when a child is arrested or under investigation.
Yes. Even a first offense can affect your child’s school standing, future record, and — for serious felonies — whether they are certified to stand trial as an adult. A juvenile defense lawyer protects your child’s rights from the first hearing and works to keep the matter out of the adult system. Every child has the right to an attorney in Texas.
Fees depend on the charge and the complexity of the case. Many juvenile matters are handled on a flat fee so you know the cost up front. We offer a free, confidential consultation to review the charge and explain your options before you decide anything.
In many cases, yes. Texas law allows a large number of juvenile records to be sealed so they don’t follow your child into adulthood. Timing and eligibility depend on the offense and outcome — here’s how juvenile records and sealing work.
For certain serious felonies, a child as young as 14 can be certified to adult court, which carries adult penalties. Fighting certification is one of the most important things a juvenile defense lawyer does — learn how juvenile certification works.
After a child is taken into custody, a detention hearing is generally held within two business days to decide whether they are released to a parent or held. Having a lawyer at that first hearing matters — here’s what to expect at a detention hearing.
Lisa Herrick is Board Certified in Juvenile Law — a distinction held by only about 65 attorneys in all of Texas. Board Certification reflects demonstrated, specialized experience in exactly this area of law, not general criminal defense.
Board Certification is the highest designation an attorney can reach. Less than 3 percent of attorneys become Board Certified. There are only 65 Board Certified Juvenile Specialists in the entire state of Texas!
We are fortunate to have one of them at our firm. Learn more about Board Certified Juvenile Lawyer Lisa Herrick.
Lisa started her career as a prosecutor in Tarrant County where she honed her skills in trial and established herself as the go-to attorney of her age in juvenile law.
Parents have rights as well as responsibilities in the juvenile justice system.
Pursuant to Family Code Section 61.102(a) parent is entitled to the following information “as soon as practicable” after a child is referred to the juvenile justice system:
Juvenile courts may order parents to pay various fees, court costs, and restitution.
If your child has been charged as a juvenile, it is important to seek counsel from an experienced juvenile defense attorney who has experience handling juvenile proceedings. Our attorneys handle only handle a select number of juvenile cases each year. For instance, we have handled cases involving juveniles charged with murder and sexual assault. If you are interested in finding out if our attorneys would handle your case, give us a call at (817) 203-2220.
When your child faces juvenile charges in Texas, the stakes couldn’t be higher. A single mistake shouldn’t define their entire future. Here’s why hiring an experienced juvenile defense attorney is crucial:
The juvenile justice system in Texas is intricate and often overwhelming for families. Prosecutors have extensive resources and experience, while your child faces a system designed to process cases quickly rather than fairly. Without proper legal representation, your child becomes just another case number.
What you’re up against:
A juvenile record isn’t just a “slap on the wrist” – it can have devastating long-term consequences. The right attorney fights not just for today, but for your child’s tomorrow.
What’s at stake:
The juvenile justice system operates under different rules than adult criminal court. Parents and children need an expert guide who understands every nuance of Texas Family Code and juvenile procedures.
Key process challenges:
At Varghese Summersett, our juvenile defense team includes attorneys who formerly worked as prosecutors in Tarrant County. This insider knowledge is invaluable in building your defense strategy.
Prosecutor experience advantages:
Don’t wait to get help. We provide free consultations to discuss your child’s case and explain your options. Time is critical in juvenile cases, and early intervention often leads to better outcomes.
What our free consultation includes: