Juvenile Law vs. Criminal Law in Texas: What’s the Difference?

When a minor is accused of committing an offense in Texas, their case is handled very differently from that of an adult. The juvenile justice system is separate from the adult criminal justice system, with different goals, procedures, and potential outcomes. It’s essential to understand these differences, especially if you or a loved one are facing legal issues.

Key Differences Between Juvenile and Criminal Law in Texas:

1. Focus: The primary focus of the juvenile justice system is rehabilitation. The goal is to help the minor learn from their mistakes and become a productive member of society.

The criminal justice system, on the other hand, focuses primarily on punishment, deterrance and accountability.

2. Terminology: In juvenile court, minors are not “arrested” but “taken into custody.” They are not “charged” with a “crime” but are referred to the juvenile court for “delinquent conduct.” If found to have engaged in delinquent conduct, they are not “convicted” but “adjudicated.”

3. Proceedings: Juvenile proceedings are generally closed to the public to protect the minor’s privacy. Criminal proceedings are typically open to the public.

4. Records: Juvenile records are generally confidential and can be sealed or expunged under certain circumstances. Criminal records are public and can have long-term consequences.

5. Sentencing: In the juvenile system, the focus is on individualized treatment and rehabilitation. Dispositions may include probation, counseling, community service, or placement in a juvenile facility. In the criminal system, sentencing can include fines,

probation, jail time, or prison.

6. Age: In Texas, a juvenile is generally defined as a person who is at least 10 years old but less than 17 years old at the time of the alleged offense. Once a person turns 17, they are considered an adult in the eyes of the criminal justice system.

7. Transfer to Adult Court: In certain cases, a juvenile can be transferred to adult court to be tried as an adult. This usually occurs for serious offenses or if the juvenile has a history of repeat offenses.

8. Rights: Juveniles have many of the same rights as adults in criminal proceedings, including the right to an attorney, the right to remain silent, and the right to a hearing. However, there are some differences in how these rights are applied in the juvenile

system.