Texas Juvenile Justice Lawyer Wayne Goralski
An experienced criminal lawyer fighting for your rights
Juvenile Justice in Texas
If you have been detained, arrested and/or charged in the Juvenile Courts in Texas, you need an experienced criminal defense lawyer on your side.
If you want justice and good results, then you will have to work for it and present your case in the best possible light. The other side wants to win, if you have been charged with a crime in Texas, you need an experienced criminal defense lawyer working at your side.
Attorney Wayne Goralski will fight to defend the rights of his clients. He has built his reputation on getting results. He is intimately familiar with all facets of the Texas criminal justice system, and has the criminal defense knowledge and skill to make sure you understand your legal options and to guide you through the criminal legal process, so that you can assert the best criminal defense.
There are difference in the justice system for adults and juveniles.The adult system treats criminal conduct with a focus on public safety and punishment. The juvenile correctional system places an emphasis on rehabilitation, with accountability for juveniles and public safety as important considerations. When it is necessary to house youth in correctional facilities, the setting is designed to be not solely punitive but rather protective and designed to educate youth about discipline, values, and work ethics, and in short to develop them as productive citizens.
In most cases, juvenile records are sealed so that youth are given a second chance at life without the stigma of having a criminal record. Some exceptions include youth who have to register as sex offenders and youth who have committed serious offenses that required them to complete their sentences in the adult system. The statutes below reflect these considerations:
The Texas Family Code Sec. 51.01: PURPOSE AND INTERPRETATION
This title shall be construed to effectuate the following public purposes:
(1) to provide for the protection of the public and public safety;
(2) consistent with the protection of the public and public safety:
(A) to promote the concept of punishment for criminal acts;
(B) to remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and
(C) to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child’s conduct;
(3) to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;
(4) to protect the welfare of the community and to control the commission of unlawful acts by children;
(5) to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child’s parents only when necessary for the child’s welfare or in the interest of public safety and when a child is removed from the child’s family, to give the child the care that should be provided by parents; and
(6) to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.
Sec. 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.
(a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:
(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political subdivision of this state;
(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;
(3) the voluntary absence of a child from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;
(5) an act that violates a school district’s previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;
(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305;
(7) notwithstanding Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal Code; or
(8) notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.
(c) Nothing in this title prevents criminal proceedings against a child for perjury.
(d) It is an affirmative defense to an allegation of conduct under Subsection (b)(2) that one or more of the absences required to be proven under that subsection have been excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute conduct under Subsection (b)(2). The burden is on the respondent to show by a preponderance of the evidence that the absence has been or should be excused or that the absence was involuntary. A decision by the court to excuse an absence for purposes of this subsection does not affect the ability of the school district to determine whether to excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), “child” does not include a person who is married, divorced, or widowed.
(e-1) Notwithstanding any other law, for purposes of conduct described by Subsection (b)(2), “child” means a person who is:
(1) 10 years of age or older;
(2) alleged or found to have engaged in the conduct as a result of acts committed before becoming 18 years of age; and
(3) required to attend school under Section 25.085, Education Code.
(f) Except as provided by Subsection (g), conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).
(g) In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.
Don’t delay. Contact the Law Office of Wayne Goralski today.
When you have been charged with a crime, choose a based in Houston criminal defense lawyer with the experience and dedication to make a difference. Call 832-834-4656 or contact the office online to schedule your free initial consultation regarding your criminal case. With offices conveniently located in Houston, Texas, Mr. Goralski is a Houston Criminal Defense Lawyer who stands ready to represent you in your criminal matter.