How Long Can a Juvenile Be Legally Detained in Texas?

How Long Can a Juvenile Be Legally Detained in Texas?

No parent ever wants to get that phone call – the sheriff or juvenile detention center delivering news that your teenager is in custody.

Yet across Texas, families face this reality every day, abruptly plunged into complex legal systems with rigid timelines.

As a worried parent, what should you know? How long will they keep my child? Can I visit them? Is there a way to get released on probation?

The justice system can feel confusing. But knowledge brings some relief by answering desperate questions. Let’s break down what families face when a child is detained and how to advocate for them.

Juvenile Initial Processing: Transport, Intake, and the 6-Hour Limit

When kids face arrest, officers directly transport them to the nearest juvenile processing office co-located in police headquarters or the county sheriff’s domain – not general population county jails housing legal-aged adults. Already, some degree of sheltering begins.

In processing centers, staff log vital information and statistics, fingerprint or photograph the youth if allowed per offense class, notify parents and guardians promptly with charges listed, and retain the youth legally on premises for only up to 6 hours.

Processing never constitutes a permanent booking but rather a gateway holding area en route to release or potential continued detainment.

48 Hours to First Court Hearing, Then Ongoing Review Every 10 Days

Timelines turn rigid quickly, as statutes mandate a detention evaluation hearing must commence within 48 hours of the initial arrest. That is, on the next working weekday if apprehended over weekends when courts are closed.

In this hearing, presiding judges weigh initial release back to parents or guardians, perhaps under structured parole types, versus transferring the youth to secured detention centers pre-trial based on:

  • Safety risk factors the youth poses
  • Severity of alleged offenses
  • Previous failures to appear in court if records exist
  • Any prior probation violations
  • Notable tendencies toward violence in their history

Under Texas law, a child who is arrested and sent to a juvenile detention facility cannot be held indefinitely until they go to juvenile court. Instead, every 10 days, the detained child must be brought in front of a judge who will determine if continued detention is still warranted or necessary based on the case’s status and circumstances at that time. These review hearings will continue to occur until the case’s full resolution in juvenile court.

Parent Participation is Critical in the Juvenile Detention Process

In these confusing early stages, engaged parents are critical to help improve outcomes for arrested youths. Police have strict rules to quickly notify parents about both the arrest and any upcoming detention hearings.

Laws also require courts to give fair warning to families so they can attend initial and follow-up hearings. Showing up makes a difference in shortening detention times or preparing possible appeals later since parents can learn first-hand rather than just rely on the child’s account.

If genuinely unable to reach parents, the court will temporarily appoint outside representatives to join detention hearings with the youth until caregivers are back involved. But no one can truly substitute devoted family support in hearings where more and more is at stake.

Moment of Truth: Release or Extended Stay?

When initial detention hearings conclude, suspense continues as judges finally rule release or sustained detainment.

If the bench errs toward freeing the youth back to parental custody, conditions likely apply temporarily, similar to adult parole models, like prohibiting alcohol, weapons possessions, contact with certain peers, geographic restrictions, and strictly scheduled check-ins with probation officers.

Minor misdemeanors commonly end here if not dismissed fully. However, for more serious offenses, transferred detention unfolds instead as the court transfers custody to dedicated juvenile centers.

Detention Timelines Escalate For Felony Charges

Young lives change permanently when charges become felonies. Texas mandates petition filing time limits after the first detention review. A petition formally alleges the charged offenses. Depending on the charges, prosecutors may have 15 or 30 after the first detention hearing.

The 30-day petition deadline applies if the arrested minor faces:

  • Capital felony accusations
  • First-degree felony charges
  • Aggravated controlled substance felonies

All other charges will follow the 15-day timeline. Otherwise, the system legally must release the youth.

When Youth Court Convictions Turn Into Adult Sentences

Juveniles convicted of serious felonies may face adult sentencing even if tried initially in juvenile courts. These harsher penalties take two potential forms.

Some minors receive determinate sentences requiring transfer to adult prisons once they turn 18. While adjudicated as juveniles, their 40-year maximum conviction terms continue inside adult correctional systems. Courts apply this option only when the investigation establishes probable cause connecting the youth to the crime beyond a reasonable doubt.

Trying juveniles fully as adults carries even graver outcomes like potential life sentences. The minimum age is 15 unless accused of severe felonies as young as 14. The keys differ from determinate sentencing – adult trials from the outset and no capped term limits. Ongoing debates weigh balancing punishment and public safety with reform and mercy.

The Attorney Advantage in an Unlevel Playing Field

While compassionate judges aim for reform over punishment, the reality is few children exhibit sufficient life experience to meaningfully contribute to hearings deciding their near futures and beyond. Nor can parents rightly grasp legal intricacies in compressed 48-hour demands. Skilled lawyers fill these gaps.

At Whalen Law Office, our juvenile defense lawyers understand how to effectively argue cases with today’s focus on rehabilitation and development over strictly punitive measures. We know which approaches work, like emphasizing youth welfare over reacting and prosecuting them the same as adults.

If your child was arrested and sits in detention, call us. Don’t go through this alone.

Author Bio

James P. Whalen

James P. Whalen is the managing attorney and founder of Whalen Law Office, a Texas criminal defense firm offering personalized legal representation for various federal criminal charges. With a commitment to providing comfort and guidance during challenging times, Mr. Whalen serves as both an attorney and counselor to his clients, helping them navigate their cases while striving to restore normalcy to their lives.

In an inherently unbalanced criminal justice system, Mr. Whalen takes on cases with unwavering dedication. With decades of legal experience, he offers representation across various criminal charges, including white-collar crimes, violent crimes, drug charges, and more. Mr. Whalen’s numerous accolades, including Super Lawyer recognition and board certification in Criminal Appellate Law and Criminal Law, reflect his unwavering commitment to ethical and high-quality legal representation.

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