When your child is arrested, it’s one of the most frightening moments a parent can face. Understanding the juvenile justice system in Texas is crucial so you can act quickly, protect your child’s rights, and guide them toward the best possible outcome.
This guide explains what happens when a minor is arrested in Texas, their rights, the legal process, and how you as a parent can help.
What Age Is Considered a Minor in Texas?
In Texas, a “minor” typically refers to anyone under the age of 17 in criminal law contexts. Juveniles are not processed the same way as adults; instead, they go through the juvenile justice system, which has its own set of laws and protections.
Can Minors Be Arrested in Texas?
Yes, minors can absolutely be arrested in Texas. If law enforcement has probable cause, a child may be detained for actions that would be considered crimes if committed by an adult. These can range from minor offenses (like shoplifting) to serious felonies (like assault or drug possession).
Unlike adults, minors are usually taken to a juvenile detention center, not a regular jail. The procedures differ in protecting young offenders and focusing on rehabilitation over punishment.
Common Reasons Juveniles Are Arrested
Some of the most common offenses that result in juvenile arrests include:
- Theft or shoplifting
- Drug or alcohol possession
- Vandalism or graffiti
- Assault or fighting in school
- Truancy (skipping school)
- Curfew violations
It’s important to note that the response from the legal system may differ depending on whether the child is a first-time juvenile offender in Texas or a repeat offender.
What Happens After a Minor Is Arrested?
Once a minor is taken into custody, they are generally transported to a juvenile processing center. Texas law states that minors can only be held for up to six hours in a non-secure environment unless formally detained.
Here’s what typically happens next:
- Detention Hearing: A judge decides if the juvenile will be released to a guardian or remain in detention.
- Intake Interview: Officials assess the youth’s background and risk level.
- Court Petition: The prosecutor may file charges or recommend diversion.
- Adjudication: Similar to a trial, but held in juvenile court without a jury.
- Disposition: The judge decides the outcome—dismissal, probation, or detention.
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Your Role as a Parent or Guardian
As a parent, you have a legal right to be informed if your child is arrested. Police are required to notify you without unnecessary delay. You also have the right to:
- Be present during any questioning
- Hire legal representation
- Request bail or advocate for your child’s release
Understanding the legal rights of minors in Texas is key to ensuring fair treatment. Juveniles have the right to remain silent, to legal counsel, and to avoid self-incrimination—just like adults.
Age of Criminal Responsibility in Texas
The age of criminal responsibility in Texas is 10 years old. This means that children as young as 10 can be arrested and charged with crimes. However, those under 17 are typically processed through the juvenile justice system, unless the offense is serious enough to warrant a transfer to adult court.
This system is designed to hold youth accountable while offering support services to address behavioral and family issues.
When Can a Minor Be Tried as an Adult?
In rare and serious cases, a juvenile can be certified as an adult and transferred to adult court. This typically applies to violent crimes, such as murder or aggravated robbery, and usually only for minors aged 14 or older.
The court must determine that the juvenile is mature enough to understand their actions and the consequences. If convicted, these individuals face adult penalties—including prison time.
What Happens If It’s Their First Offense?
If your child is a first-time juvenile offender in Texas, they may be eligible for diversion programs, which avoid formal court proceedings. These programs focus on education, counseling, community service, and parental involvement.
The goal is to rehabilitate rather than punish, helping kids stay out of the system and back on the right path.
Bail Bonds for Minors in Texas
In juvenile cases, bail works differently than in adult cases. Texas juvenile law allows judges to either release minors to a parent or guardian or order temporary detention.
Although bail bond companies like ours primarily deal with adults, we work closely with families whose children have been arrested to help them understand the next steps and connect them with legal help when needed.
If your child has been detained in Collin, Denton, Greenville, or Sulphur Springs, we offer 24/7 assistance to help you act fast and bring them home.
What If My Child Is Arrested at School?
School-related arrests are more common than many parents realize. If your child is arrested on school grounds, the school may:
- Call the police or school resource officer (SRO)
- Detain your child without your presence
- Initiate disciplinary actions in addition to legal ones
It’s essential to consult both legal counsel and school officials to understand the full scope of the consequences.
In some cases, an arrest can lead to school suspension or expulsion—on top of a juvenile court case.
Real-World Scenario: What It Looks Like
Imagine your 15-year-old is caught shoplifting at a mall in McKinney, TX. Mall security detains them and calls the police. Officers arrive, place your child under arrest, and transport them to a juvenile processing facility. You’re called and informed that your child is in custody.
From there, you may attend a detention hearing within 24–48 hours, where the judge will decide whether your child is released to you or held longer. If the offense is minor and it’s their first arrest, your child may qualify for a diversion program.
This scenario is common—and manageable—with the right knowledge and legal support.
How a Juvenile Arrest Impacts Their Future
A juvenile arrest doesn’t automatically mean a criminal record, but it can affect:
- College applications
- Scholarships
- Job opportunities
- Military service eligibility
- Immigration status (for non-citizens)
Parents can often petition to seal juvenile records after a case is closed—especially for first-time, non-violent offenses. This prevents background checks from showing the arrest in most situations.
What Parents Should Avoid
As a parent, you might feel anger, confusion, or shame—but how you respond is critical. Here’s what not to do:
- Don’t scold or lecture your child in front of officers or the judge.
- Don’t skip court dates or ignore paperwork.
- Don’t assume your child is guilty—get the full facts.
- Don’t wait to get a lawyer involved.
Your child needs support and direction—not judgment. A calm, informed parent makes a big difference in how smoothly the process goes.
Final Thoughts
A minor’s arrest can feel overwhelming, but the Texas juvenile justice system is designed with rehabilitation in mind. As a parent, your knowledge, involvement, and support can dramatically impact your child’s future.
If your child has been arrested, don’t wait. Call Not Guilty Bail Bonds anytime—we’re available 24/7 to assist families across North Texas with fast, confidential support.
24-Hour Bail Bond Services in Denton County are just one call away at the Denton County Jail. For emergency bail bonds in Denton, TX and quick jail release across Denton County, contact us anytime at (214) 513-0096. We’re here to help with affordable bail solutions, flexible payment options, and dependable 24/7 support.
