When can a juvenile case be referred to adult court?

In Texas, juvenile cases may be referred to adult court under two circumstances. The first circumstance is if the juvenile is over the age of 17 and the offense is a felony. The Texas Family Code states that when an individual commits a felony offense before his or her eighteenth birthday, they may be prosecuted as an adult if the prosecutor has probable cause to believe that the juvenile is beyond rehabilitation. The second circumstance are for juvenile cases referred to as “direct files.” This is when a prosecutor can decide that the case should be handled in adult court, regardless of the age of the juvenile. This is generally reserved for serious offenses, such as homicides, sexual assaults, and robberies. Typically, the juvenile court has jurisdiction over cases involving juveniles under the age of 17, and those cases are usually handled under juvenile court standards. The judge in juvenile court has the authority to refer a case to adult criminal court at their discretion. In most cases, the judge will only do so if the juvenile has committed a serious or violent crime or if the juvenile has a pattern of delinquent behavior.

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