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A 16-year-old in San Antonio is walking home from a friend's house after 11 p.m. when a patrol car pulls up. Two Texas rules shape what happens next. First, cities and counties in Texas can no longer enforce youth curfews, so being out late is not by itself a violation. Second, Texas juvenile court covers anyone who was at least 10 and not yet 17 when the act happened. At 17, a Texan is charged in adult court.
Curfews and being taken into custody
House Bill 1819, passed in 2023 and in effect since September 1, 2023, says a city or county may not adopt or enforce a curfew for people under 18. The one exception is an emergency curfew under the state disaster law, which applies to everyone.
If police take a juvenile into custody, Texas law says they must take the child to a juvenile processing office without unnecessary delay. They must also promptly tell a parent or guardian, and give the reason. Then they must release the child to a parent, bring the child to the official the county juvenile board names, or take the child to a detention center or medical care.
Questioning and written statements
Texas adds its own step for written statements. Before a child in custody makes a written statement, a magistrate (a judge, including a city or justice-of-the-peace judge) must warn the child of four rights: to stay silent, to have a lawyer before or during questioning, to have a lawyer appointed free if the family cannot pay, and to end the interview at any time. The child must then sign the statement in front of the magistrate, with no police officer or prosecutor in the room.
The U.S. Supreme Court set the floor in In re Gault (1967). It said a young person facing delinquency charges has the right to a lawyer, and to a free one if the family cannot pay, and that the right to stay silent protects children as it protects adults.
You can say calmly, 'I want to talk to my parent and a lawyer before I answer questions.' Then stop talking.
Adult court, records, and finding a lawyer
A Texas juvenile judge can send a case to adult court in a certification hearing. That is possible at 14 or older for a capital felony, an aggravated drug felony, or a first-degree felony, and at 15 or older for a second-degree, third-degree, or state jail felony. The Texas Attorney General's handbook says these hearings are rare.
Juvenile police files in Texas are not public and must be kept apart from adult records. You and your parent can inspect your own file. The Texas Juvenile Justice Department says most juvenile records are sealed, with exceptions such as youth who must register as sex offenders or who finish a sentence in the adult system.
Before the first detention hearing, the court must tell the child and parents about the right to a lawyer. If the family cannot afford one, the court appoints one before that hearing. Ask for it. A county juvenile board may also publish its list of approved juvenile attorneys.
À retenir
- Texas juvenile court covers ages 10 through 16 at the time of the act; at 17 you are charged as an adult.
- Since September 1, 2023, Texas cities and counties cannot enforce youth curfews.
- A child in custody must be warned by a magistrate and sign any written statement in front of that magistrate, with no police present.
- If your family cannot pay, ask the court for an appointed lawyer before the first detention hearing.
Sources
- Office of the Texas Attorney General: Juvenile Justice Handbook (s'ouvre dans un nouvel onglet)
- Texas Juvenile Justice Department: The Juvenile Justice System in Texas (s'ouvre dans un nouvel onglet)
- Texas Legislature Online: H.B. 1819, 88th Legislature, enrolled version (s'ouvre dans un nouvel onglet)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (s'ouvre dans un nouvel onglet)
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