What Happens If My Child Has Been Arrested?

What Happens If My Child Has Been Arrested?

Kids under the age of 18 are not pardoned from arrest by law enforcement if they are accused of breaking the law. For parents, one of the hardest calls they may receive is one letting them know that their child is behind bars. Everyone makes mistakes, especially children, and these mistakes do not make them a bad person. Knowing this can help make it easier for your child to get the help they need for their crime and help keep this arrest from having serious consequences for the rest of their lives.

Know What Happens During a Juvenile Arrest

Texas law states that those 17 or younger are tried in the juvenile justice system, except in extreme criminal cases. In juvenile court, minors are seen as needing help and guidance rather than incarceration. Even with this consideration, kids still face serious consequences when up against the criminal justice.

When a minor is arrested, there are a few things that will occur:

  1. Their Miranda Rights will be read and they will be placed in handcuffs.
  2. Juvenile court intake will occur at the police station to determine whether your child is a minor, whether what they are accused of warranted an arrest, and if it is safe to release the child to the custody of their parents.
  3. Your child may be detained, meaning that the court will have to prove that keeping the child in jail is in the best interest of all involved.
  4. If your child is not detained, they will be released for trial at a later date.
  5. The trial will occur in two phases. The first is the adjudication whether a jury will determine if the child committed the crime they were arrested for. The second phase is when the judge determines an appropriate sentence.
  6. Your child will complete their sentencing and have the arrest place in their criminal record.

One of the things that parents can do is to make sure that their child rights are not ignored. While remaining polite and courteous to police, a child is not required to provide any further information than basic identifying information and information about the car they may be driving. Any further questioning should not be done without the presence of an experienced attorney.

If you child has been arrested in Texas, give the Zendeh Del Law Firm, PLLC a call. We can help see your child through their trial, and work to have juvenile records sealed or expunged to prevent any further damage to their future. Find out what our firm can do for your case by giving our firm a call.