General Criminal Defense

1. What Should I Do Immediately After Being Arrested?

Remain calm, do not physically resist the arrest, and avoid trying to explain your way out of the accusation. Ask for an attorney and clearly state that you wish to remain silent. Do not consent to searches merely because an officer asks for permission.

Under Texas Code of Criminal Procedure Article 15.17, you must generally be brought before a magistrate without unnecessary delay and within the time established by law. The magistrate must explain the accusation and advise you of important rights, including the right to remain silent, retain counsel, have an attorney present during questioning, terminate an interview, and request appointed counsel if financially eligible.

After release, comply strictly with bond conditions and preserve texts, photographs, videos, receipts, location data, and other material that may help your defense. A Richmond criminal defense attorney can then review your arrest, charge, bond conditions, and evidence before important deadlines pass.

2. Should I Talk to the Police Without an Attorney Present?

You should obtain legal advice before answering questions about an alleged offense. Trying to prove innocence through an informal conversation can create evidence that prosecutors later interpret very differently.

Under Texas Code of Criminal Procedure Article 38.22, if you are subjected to custodial interrogation, you have the right to remain silent, the right to have an attorney present before and during questioning, and the right to terminate the interview. A valid custodial statement generally requires the applicable warnings and a knowing, intelligent, and voluntary waiver of those rights.

Invoking your rights does not determine guilt. It prevents you from making statements before you understand the evidence, the accusation, and how the State may use your words.

3. Can a Criminal Defense Attorney Get My Charges Dismissed?

Possibly, but no attorney can promise dismissal. The correct question is whether the prosecution can lawfully obtain and prove the evidence required for your charged offense.

A Richmond criminal defense lawyer may challenge an illegal stop or search, an involuntary statement, unreliable identification, defective warrant, unsupported enhancement, inadequate laboratory evidence, missing element of the offense, or another weakness in the State’s case. Texas law can prevent unlawfully obtained evidence from being admitted when its requirements are satisfied.

4. What Is the Difference Between a Misdemeanor and a Felony?

Texas classifies criminal offenses as misdemeanors or felonies. Misdemeanors are divided into Class A, B, and C offenses. Felonies include state jail, third-degree, second-degree, first-degree, and capital felonies.

A Class A misdemeanor can carry up to one year in county jail and a fine of up to $4,000. Felonies can result in state jail or prison sentences ranging from months to decades, and some offenses carry possible life imprisonment.

Felony convictions can also create consequences involving firearm possession, employment, occupational licensing, immigration, and future sentence enhancements. Your exact offense level should therefore be examined before evaluating the possible outcome.

5. How Much Does a Criminal Defense Attorney Cost?

There is no single Texas criminal defense fee that applies to every case. Your cost may depend on whether your charge is a misdemeanor or felony, the amount of discovery, whether expert analysis is required, the number of court appearances, the need for suppression hearings, and whether your case proceeds to trial. The best way to determine the potential cost of representation is to contact a Texas criminal defense attorney for a confidential consultation about your specific charge and circumstances.

DWI Defense

1. What Should I Do After a DWI Arrest?

After a DWI arrest, do not discuss the case with police, prosecutors, or anyone other than your attorney. Keep all arrest and license paperwork, avoid posting about the incident online, and contact a Texas DWI lawyer as soon as possible. Your attorney can review the traffic stop, obtain body-camera and dash-camera footage, examine field sobriety testing, and determine whether breath or blood test evidence can be challenged.

You also need to act quickly to protect your driving privileges. A DWI arrest can trigger a separate Administrative License Revocation proceeding, and Texas law imposes short deadlines for requesting a hearing. For certain refusal cases, Texas law generally gives you 15 days after receiving notice to request an ALR hearing.

Under Texas Penal Code § 49.04, a first DWI is generally a Class B misdemeanor, although an alcohol concentration of 0.15 or more can increase the offense to a Class A misdemeanor.

2. Can I Refuse a Breath or Blood Test After a DWI Arrest?

Texas has an implied-consent law. A person arrested for specified intoxication offenses is considered to have consented to providing a specimen under the circumstances established by the statute.

Refusing a requested specimen can trigger administrative driver’s-license consequences before your criminal case is resolved. A qualifying refusal generally results in a 180-day suspension, with longer consequences possible when you have qualifying prior alcohol- or drug-related enforcement contacts.

Refusal also does not necessarily prevent police from obtaining a specimen. Officers may seek a search warrant or rely on another lawful basis when the requirements are met.

Your breath or blood decision can affect both your criminal case and your driver’s license, so the exact facts surrounding the request matter.

3. Can DWI Blood or Breath Test Results Be Challenged?

Yes. A laboratory number or breath-machine reading does not become unquestionable simply because the State obtained it.

Breath evidence may raise questions about calibration, maintenance, operator qualifications, testing procedure, mouth alcohol, observation requirements, and the amount of time between driving and testing. Blood evidence can involve the search warrant, collection procedure, preservatives, labeling, storage, chain of custody, laboratory methodology, and interpretation of the reported concentration.

The State must still prove intoxication while you were operating the vehicle. A Texas DWI lawyer can examine whether the testing evidence is legally admissible and scientifically reliable.

4. Can a DWI Charge Be Dismissed Because of an Improper Traffic Stop?

It can happen when your stop was unlawful and suppression of the resulting evidence leaves the State unable to prove the case against you.

An officer generally needs a legally sufficient reason to stop or detain a vehicle. A defense attorney can compare the officer’s stated justification with body-camera footage, dash-camera footage, dispatch information, traffic laws, and your actual driving shown on video.

When evidence results from an unlawful stop or detention, your defense may seek suppression under constitutional principles and Texas Code of Criminal Procedure Article 38.23.

5. What Happens to My Driver’s License After a DWI Arrest?

A DWI arrest can trigger an Administrative License Revocation proceeding separate from your criminal prosecution. The process differs depending on whether you are accused of refusing a requested specimen or providing one that meets the statutory definition of a failed test.

Texas law imposes a short deadline for requesting an administrative hearing. Under Texas Transportation Code § 724.041, you generally have 15 days after receiving the applicable notice to request a hearing concerning a refusal suspension.

At the hearing, your defense can challenge issues such as the legality of the stop, probable cause, the specimen request, refusal, and other statutory requirements. When a suspension cannot be avoided, a Texas DWI lawyer can also determine whether an occupational driver’s license or another form of relief may be available to you.

Drug Crimes

1. What Are the Penalties for Drug Possession in Texas?

Drug possession in Texas can range from a misdemeanor to a first-degree felony, depending primarily on the type and amount of the controlled substance. The Texas Controlled Substances Act divides drugs into penalty groups and sets different punishment levels for each.

Depending on your charge, penalties can include:

• Class B misdemeanor: up to 180 days in jail and a fine of up to $2,000.
• Class A misdemeanor: up to one year in jail and a fine of up to $4,000.
• State jail felony: 180 days to two years in a state jail and a fine of up to $10,000.
• Third-degree felony: two to 10 years in prison and a fine of up to $10,000.
• Second-degree felony: two to 20 years in prison and a fine of up to $10,000.
• First-degree felony: five to 99 years or life in prison and a fine of up to $10,000.

For example, Texas Health and Safety Code § 481.116 generally makes possession of less than one gram of a Penalty Group 2 substance a state jail felony.

Your prior convictions, the amount of the drug, and certain drug-free-zone allegations can increase your penalties. A Texas drug crime lawyer can determine your exact punishment range based on the substance and weight alleged in your case.

2. Can I Be Charged With Drug Possession If the Drugs Were Found in Someone Else’s Vehicle?

Yes, but the State must prove that you knowingly possessed the drugs. Simply being a passenger in a vehicle where drugs are found is not enough by itself.

Texas law defines possession as having actual care, custody, control, or management of the substance. Prosecutors may look at where the drugs were found, whether they were near your belongings, whether you made statements about them, fingerprints, ownership of a bag or container, and other facts connecting you to the drugs.

If several people had access to the area where the drugs were found, that can create an important defense. A Texas drug possession attorney can challenge whether the evidence actually links you to the substance rather than merely placing you near it.

3. Can Drug Charges Be Dismissed If the Police Conducted an Illegal Search?

Yes, your drug charge may be dismissed if an illegal search leads to the suppression of evidence the prosecution needs to prove the case against you. Dismissal is not automatic, but excluding the drugs themselves can severely weaken or eliminate the State’s case.

Your defense attorney can challenge whether police had legal grounds for your traffic stop, whether they improperly extended your detention, whether your consent to search was voluntary, whether a warrant was valid, or whether officers exceeded the lawful scope of a search.

Under Texas Code of Criminal Procedure Article 38.23, evidence obtained in violation of applicable law may be excluded from your criminal trial.

4. What Is the Difference Between Drug Possession and Drug Delivery in Texas?

Drug possession means knowingly having control over a controlled substance. Drug delivery means transferring, selling, or offering to transfer a controlled substance to another person.

A possession case generally focuses on whether you knowingly exercised control over the drugs. A delivery case requires additional evidence showing a transfer or intent to distribute. For example, Texas Health and Safety Code § 481.112 addresses the manufacture or delivery of Penalty Group 1 and 1-B substances.

Prosecutors may use large quantities of drugs, separate packaging, scales, cash, text messages, surveillance, or alleged transactions as evidence of delivery. Those facts do not automatically prove distribution, however. A Texas drug defense lawyer can challenge whether the evidence actually proves delivery rather than simple possession.

5. Can a First-Time Drug Offense Be Resolved Without a Conviction?

Yes, some first-time drug offenses can be resolved without a final conviction. Depending on your charge and record, options may include deferred adjudication or a local diversion program.

Under Texas Code of Criminal Procedure Chapter 42A, you may be eligible to receive deferred adjudication community supervision. The judge postpones a finding of guilt while you complete court-ordered conditions. If you successfully complete those conditions, your case may be dismissed without a final conviction.

Some counties also offer diversion programs for eligible first-time offenders. Your eligibility depends on the offense, criminal history, substance involved, and local prosecutor’s policies.

Deferred adjudication and diversion are not available in every case, and they do not always erase the record of your arrest or charge. A Texas drug crime lawyer can determine whether a non-conviction resolution may be available before you enter a plea.

Assault and Domestic Violence

1. What Is Considered Assault Under Texas Law?

Texas assault can involve causing bodily injury, threatening someone with imminent bodily injury, or making offensive or provocative physical contact. Under Texas Penal Code § 22.01, the required mental state can include intentional, knowing, or, for bodily injury, reckless conduct.

Your charge and possible punishment depend on what allegedly occurred, who the alleged victim was, whether you have qualifying prior convictions, and whether family violence is alleged. Some assault charges that would ordinarily be misdemeanors can become felonies in specified circumstances.

A skilled lawyer can also examine defenses such as self-defense, accident, consent where legally applicable, mistaken identity, or conflicting accounts of who initiated the confrontation.

2. Can Assault Charges Be Dismissed If the Alleged Victim Does Not Want to Press Charges?

Yes, your assault charges can be dismissed, but the alleged victim cannot personally drop your criminal case. Once charges are filed, the prosecutor decides whether your case continues.

A complainant who no longer wants prosecution can affect the strength of your case, but prosecutors may still rely on 911 recordings, body-camera footage, photographs, medical records, witnesses, text messages, or earlier statements.

Your defense should determine whether the remaining evidence can prove the charge beyond a reasonable doubt and whether the complainant’s change in position creates credibility problems.

3. What Happens After a Domestic Violence Arrest?

After a domestic violence arrest, you are generally booked, brought before a magistrate, and given bond and release conditions that may restrict your contact with the alleged victim.

Under Texas Code of Criminal Procedure Article 15.17, the magistrate advises you of the charge and important legal rights.

The court may also impose conditions involving your contact with the complainant, your return to a shared home, alcohol use, firearm possession, or access to children. A magistrate’s emergency protective order may create additional restrictions.

Those orders should be taken seriously. Violating bond conditions or a protective order can create a separate criminal problem even when the original allegation is disputed. A Texas family violence defense attorney can review both your criminal charge and every restriction imposed after your arrest.

4. Can Domestic Violence Charges Be Dismissed If the Accuser Recants?

Yes, recantation can contribute to dismissal of your charges, but it does not automatically end your domestic violence case.

Prosecutors may continue your case using 911 calls, body-camera video, photographs, medical evidence, witnesses, text messages, or statements made immediately after the alleged incident. They may also argue that the original statement was more reliable than the later recantation.

Your defense can compare every version of events and identify contradictions involving what happened, when it happened, who initiated the incident, and whether an injury actually supports the allegation.

5. Can a Domestic Violence Conviction Affect My Child Custody or Firearm Rights?

Yes. A domestic violence conviction can affect both your child custody rights and your right to possess firearms.

Under Texas Family Code § 153.004, courts must consider specified evidence of family violence or sexual abuse when deciding conservatorship and possession of your child. A qualifying history of family violence can affect joint conservatorship and your access to your child.

Firearm consequences may arise under both state and federal law. Texas Penal Code § 46.04 restricts firearm possession for certain people convicted of family-violence assault. Federal 18 U.S.C. § 922 can also prohibit firearm possession after qualifying domestic-violence convictions or while you are subject to certain protective orders.

Theft and Property Crimes

1. What Is the Difference Between Theft, Robbery, and Burglary?

Theft involves unlawfully taking property, robbery involves theft combined with bodily injury or threats, and burglary involves unlawful entry or remaining in property with specified criminal intent or conduct.

Under Texas Penal Code § 31.03, theft generally requires unlawful appropriation of property with intent to deprive the owner.

Robbery involves causing bodily injury or threatening or placing another person in fear of imminent bodily injury or death while committing theft. Aggravated robbery can involve additional factors such as serious bodily injury or the use or exhibition of a deadly weapon.

Texas Penal Code § 30.02 addresses burglary. You can face a burglary charge even when nothing was actually stolen if the State can prove the required entry and criminal intent.

2. When Does Theft Become a Felony in Texas?

For ordinary value-based theft, your charge generally becomes a felony when the property is worth $2,500 or more.

Theft of property valued at $2,500 or more but less than $30,000 is generally a state jail felony. Larger values can result in higher felony classifications.

The value of the property is not the only factor. Certain types of property, alleged victims, your prior theft convictions, and other statutory circumstances can change the offense level even when the dollar amount would ordinarily produce a lower charge.

3. What Is Burglary of a Habitation in Texas?

Burglary of a habitation generally means entering or remaining in a home without the owner’s effective consent with the intent to commit, or while committing or attempting, a felony, theft, or assault. Burglary of a habitation is generally a second-degree felony, although certain circumstances can increase the charge.

The State must prove more than the fact that you were inside someone’s home. Permission to enter, your intent at the time of entry, identification, and what allegedly happened after entry can all become disputed issues.

4. Can I Be Charged With Theft If I Believed I Had Permission to Take the Property?

Yes, but your genuine belief that you had permission can undermine the State’s ability to prove theft.

Texas theft law requires prosecutors to prove unlawful appropriation with intent to deprive the owner of the property. If the owner gave permission, the property was shared, a contract allowed possession, or you honestly believed you had a right to take the property, the State may have difficulty proving the required criminal intent.

Text messages, emails, contracts, receipts, payment records, photographs, and witnesses may be especially important in your case if it arises from an ownership or permission dispute. Your Texas theft attorney can preserve and present that evidence before the dispute is reduced to one person’s word against another’s.

5. Can Restitution Be Ordered in a Theft Case?

Yes. A Texas court can order restitution to compensate a victim for qualifying losses caused by a theft offense. Restitution can include returning property or paying for the value of property when return is impossible, impractical, or inadequate.

The amount is not necessarily whatever the alleged victim requests. The court must determine legally recoverable loss, and your defense can challenge the amount claimed, the value assigned to the property, whether property has already been returned, and whether another source compensated part of the loss.

Restitution also does not itself prove your guilt. Your offer to repay someone should not automatically be treated as an admission that every element of theft occurred.

Weapons Charges

1. What Are the Laws Regarding Carrying a Firearm in Texas?

Texas generally allows you to carry a handgun without obtaining a License to Carry if you qualify and may lawfully possess it, but permitless carry is not allowed everywhere or for everyone.

Texas Penal Code Chapter 46 regulates unlawful carrying, prohibited places, and unlawful firearm possession. Restrictions can apply at schools, polling places, courts, secured airport areas, correctional facilities, and other locations identified by law. Private property owners can also prohibit firearms by providing legally sufficient notice.

The Texas Department of Public Safety provides additional guidance concerning firearm carry in Texas. Because federal firearm restrictions can apply even when Texas law would otherwise permit possession, your eligibility should be checked under both state and federal law.

2. Who Is Prohibited From Possessing a Firearm?

You can be prohibited from possessing firearms if you have certain felony convictions, family-violence convictions, protective orders, or other disqualifying statuses.

Texas Penal Code § 46.04 imposes firearm restrictions on specified people, including certain individuals with felony or family-violence convictions.

Federal law is broader in several respects. 18 U.S.C. § 922(g) prohibits firearm possession by several categories of people, including certain convicted felons, fugitives, unlawful users of controlled substances, people subject to qualifying domestic-violence protective orders, and people convicted of qualifying misdemeanor crimes of domestic violence.

You can still face a federal prohibition even if Texas law permits you to possess a firearm, so both laws must be considered.

3. Can a Felony Conviction Affect My Right to Possess a Firearm?

A felony conviction can restrict your firearm possession under both Texas and federal law.

A person convicted of a felony generally may not possess a firearm before the fifth anniversary of the latter’s release from confinement or release from supervision. After that period, Texas law still restricts where you may possess a firearm.

Federal law can impose a separate and broader prohibition on firearm possession for people convicted of certain crimes punishable by imprisonment for more than one year. The federal restriction does not automatically disappear after the Texas five-year period ends.

If you have a felony conviction, you should obtain legal advice before acquiring, carrying, or possessing a firearm.

4. What Happens If Police Find a Gun During a Traffic Stop?

Finding a gun during a traffic stop does not automatically mean you committed a crime. Police and prosecutors must still determine whether you could legally possess the firearm, whether it was carried lawfully, and whether the search that uncovered it was legal.

Texas Penal Code § 46.02 governs unlawful carrying of weapons and includes rules applicable to firearms in motor vehicles.

The legality of the search can be just as important as the gun itself. A traffic stop does not automatically give officers authority to search every part of your vehicle. Consent, probable cause, warrants, officer-safety concerns, and the scope of the detention may all matter. If police obtained the firearm through an unlawful search, your defense attorney may seek to suppress it.

5. Can a Firearm Increase the Penalties for Another Criminal Offense?

Using or exhibiting a firearm can increase the severity of another criminal charge against you and can create additional sentencing consequences.

For example, assault can become aggravated assault when a deadly weapon is used or exhibited under Texas Penal Code Chapter 22. A robbery can become aggravated robbery when the State proves the use or exhibition of a deadly weapon.

A deadly-weapon finding can also affect your punishment, community supervision, and release eligibility.

The State still has to prove the firearm allegation. Your defense can challenge whether you possessed the weapon, whether it was actually used or exhibited, whether witnesses correctly identified it, and whether a firearm belonging to someone else is being attributed to you.

Sex Crimes

1. What Constitutes Sexual Assault Under Texas Law?

Sexual assault in Texas generally involves specified sexual conduct performed intentionally or knowingly without legally valid consent.

Texas Penal Code § 22.011 defines the conduct that can constitute sexual assault and identifies circumstances in which sexual activity is considered to occur without consent. The statute also addresses specified sexual conduct involving children.

Aggravated sexual assault under § 22.021 involves additional circumstances, which can include serious bodily injury, a deadly weapon, specified threats, particularly young victims, or other aggravating factors.

A Texas sex crimes lawyer should compare the accusation against you with the exact statutory provision because the required elements and potential penalties differ substantially between offenses.

2. Can Someone Be Convicted of Sexual Assault Based Solely on an Accuser’s Testimony?

In certain Texas sexual-offense cases, you can be convicted based on an accuser’s testimony even without independent physical or forensic evidence.

Texas Code of Criminal Procedure Article 38.07 addresses when a sexual-offense conviction can be supported by the complainant’s uncorroborated testimony. That does not mean the testimony is automatically considered true. The prosecution must still prove the charge against you beyond a reasonable doubt.

Your defense attorney can examine inconsistencies in the accuser’s statements, text messages, social media or other digital evidence, timelines, witness accounts, forensic findings, motives, opportunity, and other evidence affecting credibility. When your case depends heavily on one person’s account, careful analysis of that account can become one of the most important parts of your defense.

3. What Happens If the Alleged Victim Changes Their Story?

A changed story can significantly weaken the sex-crime case against you, but it does not automatically require prosecutors to dismiss your charge.

Prosecutors may compare the revised account with prior statements, forensic interviews, text messages, recorded calls, medical records, witnesses, and other evidence. They may argue that the original statement was more accurate.

Your defense can use significant contradictions to challenge credibility. A difference involving a minor detail is not the same as a change involving who was present, what conduct allegedly occurred, where it happened, or whether it happened at all.

Because Texas law can permit convictions in some sexual-offense cases based on uncorroborated testimony, the consistency and reliability of the complainant’s statements can be especially important to your case.

4. What Are the Penalties for Sexual Offenses Involving a Minor?

Sexual offenses involving minors can result in felony convictions, lengthy prison sentences, and sex-offender registration in Texas.

Your exact punishment depends on the offense and the child’s age. For example, Texas Penal Code § 22.021 generally classifies aggravated sexual assault as a first-degree felony. Certain allegations involving young children or additional aggravating circumstances can carry an increased minimum prison term.

Your conviction or adjudication may also require registration under Texas Code of Criminal Procedure Chapter 62. Reportable offenses can include sexual assault, aggravated sexual assault, indecency with a child, and continuous sexual abuse. A Texas sex crimes attorney should identify the exact statute you are charged under before evaluating your prison exposure, registration, or possible plea options.

5. Can a Person Be Prosecuted for an Alleged Sex Crime That Occurred Years Ago?

Yes. Some Texas sex crimes can be prosecuted many years after the alleged conduct, and certain offenses have no statute of limitations.

Texas Code of Criminal Procedure Article 12.01 sets criminal limitation periods. Certain sexual offenses involving children, aggravated sexual assault, continuous sexual abuse, and other specified offenses can be prosecuted without an ordinary limitations deadline.

Other sexual offenses have different limitation periods. The applicable deadline can also depend on the date of the alleged offense and the law in effect at that time.

Your defense attorney should determine exactly what offense you are accused of committing, when it supposedly occurred, the age of the complainant, and whether the prosecution against you was filed within the legally applicable period.

Juvenile Defense

1. What Happens When a Child Is Arrested?

If your child is taken into custody in Texas, your child may be released to you or detained pending a juvenile detention hearing.

Texas juvenile law generally describes your child as being “taken into custody” rather than arrested. If your child remains detained, Texas Family Code § 54.01 generally requires a detention hearing no later than the second working day after your child is taken into custody, subject to special rules for certain weekend detentions.

Your child also has special protections concerning statements and interrogation. You should not encourage your child to explain the accusation to the police in an attempt to make the problem disappear. The best Texas juvenile defense lawyer can address your child’s detention, statements, searches, school evidence, witnesses, and possible dispositions immediately.

2. Can a Juvenile Be Tried as an Adult in Texas?

Yes. Texas allows your child to be transferred to adult criminal court if accused of certain serious felonies.

Under Texas Family Code § 54.02, a juvenile court can waive its jurisdiction when the statutory requirements are met.

For a capital felony, aggravated controlled-substance felony, or first-degree felony, your child generally must have been at least 14 years old when the alleged offense occurred. For qualifying second-degree, third-degree, or state jail felonies, your child generally must have been at least 15 years old.

Transfer is not automatic. The juvenile court must conduct the required investigation and hearing and consider factors including probable cause, the seriousness of the offense, and your child’s background.

If your child is facing certification, preventing transfer to adult court can become a major part of your child’s defense.

3. Can Juvenile Records Be Sealed or Destroyed?

Yes. Many Texas juvenile records can be sealed, but not every record qualifies and sealing does not always mean the records are physically destroyed.

Texas Family Code Chapter 58 provides for automatic sealing in certain cases and allows applications for sealing in others. Your child’s eligibility can depend on the offense, disposition, later criminal history, age, and whether your child was transferred to adult criminal court.

Once your child’s qualifying records are sealed, Texas law provides substantial protections against disclosure. That can affect your child’s employment, licensing, education, housing, and other background checks.

A juvenile defense attorney can determine whether sealing is automatic, requires an application, or is unavailable in your child’s particular case.

4. Can a Juvenile Conviction Affect College Admission or Future Employment?

Your child’s unresolved or unsealed juvenile record can affect future opportunities, although Texas juvenile cases generally result in an adjudication rather than an adult criminal conviction.

Your child’s unsealed record may create concerns involving college applications, employment, occupational licensing, military service, or background investigations.

Texas law provides stronger protection after qualifying records are sealed. Under Texas Family Code § 58.261, if your child’s juvenile records are properly sealed, your child generally receives important protections concerning disclosure in applications for employment, licensing, admission, housing, and other benefits. That is why you should consider sealing as part of your child’s long-term defense strategy rather than only after a background check creates a problem.

5. What Happens If a Minor Is Accused of a Serious Felony?

If your child is accused of a serious felony, your child can face detention, a lengthy juvenile disposition, or, in qualifying cases, transfer to adult criminal court.

Your child’s potential outcome depends on your child’s age, the felony alleged, prior history, and whether prosecutors pursue a determinate sentence or adult certification.

Under Texas Family Code § 54.04, serious juvenile cases can result in significant dispositions. Qualifying determinate-sentence cases can expose your child to much longer terms than ordinary juvenile probation.

Prosecutors may also seek transfer to adult court. A Texas juvenile defense lawyer should address your child’s detention, statements, forensic evidence, witnesses, certification risk, and possible long-term consequences as early as possible.