The Texas juvenile justice system seeks to rehabilitate rather than punish young offenders. Even so, there are circumstances where a minor can be tried as an adult.
A process known as “certification” involves transferring a juvenile case to an adult criminal court. The decision to certify a minor is not taken lightly and involves a thorough judicial review.
Here are two scenarios where a juvenile could face an adult trial in Texas.
Serious violent crimes
If a minor is charged with committing a serious violent crime, their case could end up in adult court. Examples of these offenses include aggravated controlled substance violations and first-degree felony offenses.
The juvenile judge must hold a certification hearing to determine if the minor should be tried as an adult. Factors considered include the severity of the offense, the minor’s age and prior criminal history.
Repeat offenders
Another scenario where a minor may face adult proceedings is if they are a repeat offender and previous rehabilitative efforts have failed. The court may decide that the juvenile system is no longer appropriate when a youth continues to commit severe offenses.
For example, a 15-year-old with multiple felony convictions may be certified to stand trial as an adult if they commit another serious offense. Courts evaluate whether they threaten public safety and if adult proceedings are necessary to address the behavior.
Although rehabilitation is preferred over harsh legal consequences for young offenders, courts do not always get things right. Someone who understands juvenile law can help minimize the risk of your child facing grownup consequences over a youthful mistake.