Theft and other charges
Dallas juvenile defense lawyer.
If your son or daughter is 10 to 16 and was arrested, the case goes to juvenile court, not adult court, and the first hearing comes fast: a detention hearing within two working days. What your child says to police or a school officer before a lawyer is involved is often the whole case. Call us before anyone questions your child again. We explain every step to you in English or Spanish and work to keep this from following your child into adulthood.
Right now
If your child was just arrested or taken into custody.
- 01
Tell your child not to answer questions
Your child can say: 'I want my parents and a lawyer.' Police and school resource officers may try to talk to a child alone. Most juvenile cases rest on the child's own statement.
- 02
Find out where your child is being held
Children are taken to a juvenile detention center or released to a parent, not booked into the adult jail. The officer must notify a parent promptly. Ask for the name of the intake or probation officer on the case.
- 03
Get ready for the detention hearing
Within two working days a judge decides whether your child stays locked up or comes home. A parent must attend. Bring a plan: who will supervise, school, curfew, and any counseling already in place.
- 04
Do not sign forms for police or the school yet
Written statements, consent to search a phone, and school discipline forms can all become evidence. Read them with a lawyer first.
- 05
Call us now
We can be at the detention hearing, talk with the intake officer and the prosecutor, and deal with the school. The consultation is free, and we answer 24/7.
Key deadlines and numbers
- Ages in juvenile court
- 10 to 16 at the time of the offense. At 17, Texas charges a person as an adultSource: Tex. Fam. Code 51.02
- Detention hearing
- By the second working day after custody (first working day if held on a Friday or Saturday)Source: Tex. Fam. Code 54.01
- A child's written statement
- Only usable if a magistrate first gives the child warnings privately, without police in the roomSource: Tex. Fam. Code 51.095
- Transfer to adult court
- Possible from 14 for capital, first degree and aggravated drug felonies; from 15 for other feloniesSource: Tex. Fam. Code 54.02
- Determinate sentence
- For listed serious offenses, up to 40 years, starting in a youth facilitySource: Tex. Fam. Code 53.045, 54.04
Texas law
How Texas juvenile court works.
Juvenile cases fall under Title 3 of the Texas Family Code. A child is not 'convicted': a judge or jury decides whether the child engaged in 'delinquent conduct' and then chooses a disposition. The law's stated goal includes rehabilitation, which gives the defense room to ask for options outside a locked facility.
| Outcome | What it means | Notes |
|---|---|---|
| No petition or dismissal | The prosecutor does not file, or the case is dropped | The cleanest outcome; the arrest record may still need sealing |
| Deferred prosecution | Supervision for up to 6 months, sometimes extended, with no finding of delinquency | If completed, the case is dismissed |
| Probation | The child lives at home or in a placement under court rules | Generally ends by the 18th birthday |
| Commitment to the Texas Juvenile Justice Department | A secure state youth facility for an indeterminate time | Felony cases only; release no later than age 19 |
| Determinate sentence | A fixed term for listed offenses: up to 40 years for capital and first degree, 20 for second degree, 10 for third degree | Starts in a youth facility; a hearing before 19 decides release to parole or transfer to adult prison |
| Certification as an adult | The case moves to adult criminal court | Full adult penalties and an adult record |
Parents have to be there
Texas requires a parent or guardian to attend each juvenile hearing, and the court can order parents to take part in programs or follow rules too. Your presence also tells the judge your child has support at home.
Source: Tex. Fam. Code 51.115Certification takes a full hearing
Before a case can move to adult court, the judge must order a full diagnostic study and investigation of the child and weigh factors like the seriousness of the offense, the child's maturity and the chance of rehabilitation. This hearing often decides the child's future.
Source: Tex. Fam. Code 54.02Tickets and school misbehavior are handled differently
Fine-only offenses by children, like most traffic tickets, go to municipal or justice court, not juvenile court. Texas also limits officers from writing Class C tickets for most misbehavior on school property.
Source: Tex. Educ. Code 37.143Records can be sealed
Many juvenile records can be sealed, some without an application once the person turns 19 and meets the requirements, others by asking the court. A sealed record is treated as if the case never happened, with narrow exceptions.
Source: Tex. Fam. Code ch. 58How we work
How we defend your child.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him and keeps you informed in English or Spanish, because in juvenile court the parents are part of the case too.
01
Get in early, before the detention hearing
We contact the intake officer and the prosecutor and walk into the detention hearing with a release plan: supervision, school, curfew and counseling.
02
Examine every statement
We check whether the magistrate warnings were given the way the Family Code requires, and whether your child was questioned in custody without them. A statement taken the wrong way can be kept out of evidence.
03
Show the court who your child is
School records, grades, counselors, coaches, church, medical and mental health history. Juvenile judges want to know the whole child, not only the incident.
04
Handle the school side
An arrest often comes with a suspension, an expulsion or a move to a disciplinary alternative education program (DAEP). We help you through the school hearing so school discipline does not get ahead of the court case.
05
Oppose transfer to adult court, then seal the record
In serious cases we prepare for the certification hearing with records and witnesses. At the end of every case we look at sealing so the record does not follow your child.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“This attorney takes his time with every client, I love that he speaks Spanish so it was nice to fully understand him.”Questions parents ask us.
- Does my child's immigration status matter?
- Yes. A juvenile finding is generally not treated as a criminal conviction for immigration, but some conduct, like drug cases, can still cause problems, and a case moved to adult court can become a conviction. Tell us privately; we handle the case with that in view and work with immigration counsel.
- Will this stay on my child's record?
- Juvenile records are more protected than adult records, and many can be sealed. A case transferred to adult court creates an adult record. We plan for sealing from the start.
- Can my child stay in school and keep playing sports?
- School discipline runs separately from court. Some felony arrests, even off campus, can lead to a DAEP placement. Your child is owed a hearing before a long removal, and we can help you ask for it.
Dallas and Odessa
Juvenile court in Dallas County and Ector County.
In Dallas County, juvenile cases are handled at the Henry Wade Juvenile Justice Center on Lone Star Drive, which houses the juvenile courts, the detention center and the juvenile probation department. In Odessa, cases go through the Ector County juvenile court and juvenile probation office. In both places the first hearing comes within days, and we can be there from our offices in Oak Cliff and Odessa.
FAQ
Questions people ask.
Can police question my child without me?
Police can talk to a child, but a child's written statement taken in custody can only be used if a magistrate first gives the child warnings privately, without police present. Your child can always ask for a parent and a lawyer and stop talking.
Is a 17-year-old a juvenile in Texas?
No. In Texas, a person who is 17 at the time of the offense is charged as an adult, and the case creates an adult record. Juvenile court covers ages 10 to 16.
Will my child be tried as an adult?
Only after a certification hearing, and only for felonies: from age 14 for capital, first degree and aggravated drug felonies, and from 15 for other felonies. The judge has to weigh specific factors, and we prepare for that hearing as seriously as a trial.
What happens at the detention hearing?
A judge decides whether your child stays in detention until the next hearing or goes home with conditions. If your child stays, the court has to review detention again at regular intervals. Coming with a real supervision plan makes a difference.
Can my child's juvenile record be sealed?
Often, yes. Some records are sealed without an application once the person turns 19 and meets the requirements; others need a request to the court. We review eligibility at the end of every case.
How much does it cost to hire you for a juvenile case?
The first consultation is free. We discuss the fee and payment options with you up front, before you decide.
Related situations
- Clear your record
- Immigration consequences of a charge
- Drug possession
- Theft and shoplifting
- Assault and family violence
- Felonies and misdemeanors
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.