Are there any special considerations in criminal defense cases involving juveniles?
Yes, there are special considerations in criminal defense cases involving juveniles in Texas. According to the Texas Department of Family and Protective Services (DFPS), juveniles accused of a crime have the right to be treated differently from adult criminal defendants in some circumstances. In most cases, juveniles will have their case heard in a juvenile court. This court focuses on rehabilitation, rather than punishment, as part of its mission. Juveniles also enjoy several constitutional protections that adults do not have. For example, in Texas, a juvenile who is over the age of 14 can only be held in jail if they are accused of a serious crime like murder. Juveniles also have a right to legal representation, just as adults do. Additionally, the court must inform the juvenile of their right to remain silent and the right to an attorney before questioning them. When it comes to the defense of a juvenile, their attorney may be able to use certain defenses and arguments that may not be available to adult defendants. For instance, if the juvenile did not understand the gravity of their actions, their attorney may argue that they are not guilty due to lack of criminal intent. When the juvenile is under the age of 18, their attorney may also argue that they should not receive the same punishment as an adult. No matter the circumstances, juveniles in Texas accused of criminal activity are entitled to specialized and individualized attention. With the help of an experienced criminal defense attorney, a juvenile may have a better chance of being treated fairly throughout the criminal court process.
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