When parents hear "adult court," they feel afraid. That fear makes sense. But in Texas, a child's case usually stays in juvenile court.
A case moves to adult court only if two things happen. The prosecutor asks for it. Then a judge says yes after a hearing. That hearing is where a child's future is decided. Here is how it works.
Who Texas Treats as a Juvenile
In Texas, a juvenile is a child who is at least 10 and under 17 (Texas Family Code 51.02). A 17-year-old accused of a new crime is treated as an adult right away.
There is one catch. If a person is 17, but the crime happened before their 17th birthday, the juvenile system can still handle the case. So the child's age on the day of the alleged crime matters a lot. I check it first in every case.
When a Child Can Be Moved to Adult Court
This can only happen in felony cases. A felony is a very serious crime. Cases that are not felonies stay in juvenile court. The child's age on the day of the alleged crime sets the rule under Texas Family Code 54.02:
- 14 or older: capital felony, first-degree felony, or aggravated controlled substance felony (a very serious drug crime)
- 15 or older: second-degree felony, third-degree felony, or state jail felony
Age does not decide the case. It only means the prosecutor is allowed to ask for a hearing.
What Happens at the Hearing
The prosecutor files a paper asking the judge to move the case. The family gets a notice that says what the hearing is about. A judge decides, not a jury.
Before the hearing, the court must study the child's life and the alleged crime. The lawyers must get the written reports at least five days before the hearing.
To move the case, the judge must find two things. First, there is probable cause that the child did it. Probable cause means a good reason to believe it. Second, because of how serious the crime is or the child's background, the community needs the case in adult court. The judge must write down the reasons. The Texas Children's Commission has a chart that shows the steps.
What the Judge Must Think About
The law lists four things the judge must think about:
- Was the crime against a person or against property? Crimes against a person count more toward moving the case.
- How mature is the child?
- What is the child's record and history?
- Can the public stay safe? Can the child be helped by the programs juvenile court has?
I have looked at questions like these as a prosecutor and as a judge. A defense team can show real proof for the last three. School records, counseling, and a good plan for help all matter. That is why the work has to start early.
Why This Choice Is Permanent
Once the judge moves the case, the child is treated as an adult. The adult court cannot send the case back to juvenile court (Texas Family Code 54.02). There is no second chance.
What a child says to police can also follow the child to adult court.
Two Other Ways a Case Can Go to Adult Court
- A person who is now 18 or older can be moved for a crime they did as a child. This is only allowed in special cases. One example is when the state could not finish the case before the person turned 18.
- A child who was moved before, and is now accused of another felony, must be moved again. There are exceptions. One example is if the child was found not guilty the first time.
What Families Should Do First
- Call a lawyer before your child answers police questions.
- Collect school, doctor, and counseling records now.
- Ask the lawyer if the prosecutor could ask for adult court, based on your child's age and the charge.
- Write down what you know: the time, the place, who talked to your child, and what was said.
Read our guide to the first 48 hours after a juvenile arrest.
Talk to Jim About Your Child's Case
If your child is accused of a felony in Bexar County, what you do now matters. Learn about juvenile defense in San Antonio. Then schedule a free consultation or call (210) 224-9300.