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Texas Juvenile Law Questions & Answers

2 Answers | Asked in Criminal Law, Traffic Tickets, Education Law and Juvenile Law for Texas on

Q: What do I need to do?

I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..

Kiele Linroth Pace answered on May 21, 2019

That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 17 year old girl wants to be with a 21 year old guy, is it legal in the state of Texas? If so what is the max age?

I know the age of consent in the state of Texas is 17. However does that mean that they are free to have a consentual sexual relationship with anyone of any age or is there a specific maximum age gap?

Grant St Julian III answered on May 15, 2019

Texas Penal Code

Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:

(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.

(2) "Sexual conduct" means sexual contact, actual or...
Read more »

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1 Answer | Asked in Personal Injury, Domestic Violence and Juvenile Law for Texas on

Q: IF MY 16 YEAR OLD NIECE SWING AT ME AND MISS BUT THE KICKS ME AND IT LAND I SIT ON HER TO KEEP HER FROM HIT AND KICK ME

TIL SHE CALMS DOWN AND THE SHE GETS UP AND PUNCH ME IN THE FACE BECAUSE I PICK UP HER STUFF AND TELL HER SHE GOING HOME CAUSE SHE DIDN'T ASK ME TO GO ANYWHERE AND I HIT HER BACK CAN I GET IN TROUBLE AND SHE HAS A HISTORY OF FIGHTING GROWN UPS SHE CLAIMS I HIT HER FIRST BUT I DIDN'T I REACHED FOR... Read more »

Kiele Linroth Pace answered on Apr 10, 2019

Anyone can get in trouble for anything. A more important question is can you get OUT of trouble. In this situation it sounds like you may have justifications for self defense in Penal Code 9.31 and possibly also discipline of a child under PC 9.61 (if her parents wanted you to look after her.)... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: Can an 18 years old male have sexual activities to a 16 year old girl? What is legality in terms of this in Texas?

Can I file a charge for 18 yo male for sexual advances to my 16 yo daughter?

Kiele Linroth Pace answered on Mar 7, 2019

It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any,... Read more »

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: Can a 16 year old boy get arrested for getting a 14 year old girl pregnant?

The parents of the girl do not want to press charges. The 16 year old boy says she was with multiple friends of his at time of conception. 16 year old says he was with her almost a month after conception

Victoria Collins answered on Jan 24, 2019

Yes. You can be charged with and arrested for statutory rape. Since you are 16 years old, you will automatically be charged as an adult.

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son got locked up on a conspiracy charge and he's a minor still what will happen to him

Holly Marie Hammons answered on Jan 11, 2019

If your son has no previous record generally the State will recommend a deferred adjudication meaning if he completes probation successfully the charge will not be on his record. Juvenile records are sealed and can only be opened under limited circumstances. Probation for a juvenile is generally... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Juvenile Law for Texas on

Q: Hello, I have my 16 yr old daughter in court on a family violence charge. Judge says I need a lawyer, cant afford

Judge demands I have one but theres no way I can afford it and she doesnt care. What do I do?

Rahlita D. Thornton answered on Jan 9, 2019

Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?

Herman Martinez answered on Dec 15, 2018

Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.

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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on

Q: If i reported a child molester and mother who is involved how do i get involved in helping this young girl? No arrests.

I have evidence and witnesses who can give information. Also mother has been in trouble with oldest daughter who was molested. Other daughter allowed to have boyfriend move in and she was 14. She also allowed her to move out. Now its her youngest daughter who is i feel is being prostituted. Please... Read more »

Kiele Linroth Pace answered on Oct 22, 2018

Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.

1 Answer | Asked in Criminal Law, Federal Crimes, Sexual Harassment and Juvenile Law for Texas on

Q: In texas the age of consent is 17, so is it LEGAL for a 17 y/o to date and have sexual intercourse with someone who’s 24

Parents have consented to being together. I just wanted to find out about the sexual part.

Kiele Linroth Pace answered on Sep 17, 2018

The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Elder Law and Juvenile Law for Texas on

Q: Is it illegal for an 18 year old to date a 14 year old in Texas

Roy Lee Warren answered on Aug 30, 2018

Of course, but no "hanky panky". Sexual contact is illegal so no sexting either.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: What should he do about it ?

So my friend is 20, he was talking to a 16 year old .

Invited her over . She was on her way over when she got into a car crash

BUT

she was driving without insurance .

So her parents are making him pay for the damages . Like the car and such so they don't take it... Read more »

Grant St Julian III answered on Aug 22, 2018

Your friend is not legally responsible for any damages arising from the accident you describe, but any sexual contact between a 20 year old and a 16 year old is a felony. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 16(Oct,16) yro from Texas is dating a 14(July 15) yro from Utah when does it become illegal for them to date.

Like for example the males birthday is Oct 16,2001 and the females is July 15,2004. When is it illegal for them to be in a relationship.

Grant St Julian III answered on Aug 4, 2018

See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: Can charges be brought on a 17 year old boy and parents for taking him to 16 year olds house and left there alone?

Grant St Julian III answered on Jul 7, 2018

What you describe, in an of itself does not, in my opinion, any criminal act. Did anything else occur?

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: 14year old girl gets pregnant with 17 year olds kid.can the girls parents press charges?

They are 4 years 1 m. 10 days apart. The town it took place in says it fall under romeo n juliet law is this true?

Grant St Julian III answered on Jun 9, 2018

The girl's parents can file an incident report with the police, but the detective assigned to the case will determine whether to file criminal charges and what charges will be filed.

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My 14 yr old poured paint on another child at school. The child’s parent contacted my husband. She basically said pay me

Or I’m pressing charges. She wanted $300. When we didn’t pay her because there was no guarantee that after we did she wouldn’t still press charges, she did decide to press charges. We just got the misdemeanor citation to appear in court in the mail. Is this something we should bring up with... Read more »

Grant St Julian III answered on Jun 7, 2018

The misdemeanor citation is notice of the criminal charges already filed. People do not file criminal charges, police do. Once the police are called, the detective who investigates the matter decides if and what charges are to be filed. In your case, the police determined enough evidence... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son had a juvenile and in adult charge, he’s 17, if he convicted for the adult he has to go back to juvie?

The juvenile systems put him on probation and he broke and committed an adult crime, they arrest him, he put a bail but his probation officer take him back to juvenile center, after a mont the judge decided he need go to TJJD, Tx his attorney remove the bail at the county jail and the Marshall... Read more »

Grant St Julian III answered on Jun 4, 2018

It is possible for a person to serve time in the Texas Youth Commission (prison for juveniles) even after they turn 18. Stay in contact with your son's attorney. Good luck.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son got in trouble for smoking marijuana at school and I am within a few weeks from transferring to ATL can I move?

He was on deferred prosecution program from incident back in January and we signed the papers May 23 to end the program. On may 24th he was caught smoking in bathroom at school. I am weeks away from transferring to Atlanta for my job can they stop me from moving?

Grant St Julian III answered on Jun 2, 2018

No one can stop you from moving. Your son, however, may have issues. Call the attorney who represented him on the first case. Good luck.

1 Answer | Asked in Civil Rights, Domestic Violence and Juvenile Law for Texas on

Q: My neighbor's 14 yr old boy has been hitting and bullying my 10 yr old daughter can i press charges?

Kiele Linroth Pace answered on May 31, 2018

You can report it to law enforcement, and perhaps you should. However, you should be aware that they will make the decision on whether or not to pursue it and, if they do, you can't dismiss the case if you change your mind later.

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for Texas on

Q: Can a 15 year old daughter have charges pressed against her for punching her 53 year old Mom in the face several times?

The mother has a possible broken nose and her nose is really swollen as well with her left eye is swollen and cut

Peter N. Munsing answered on May 22, 2018

Yes. Sounds like the family needs a counselor too.

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