Cynthia L. Porter's Answers

My 14 yr old & friend are going to be charged with a felony for damage to a city park.

The earlier in a case that you get an attorney involved to protect your child's interests the better! You can wait until you are summoned to Court, but this will most likely result in additional trips to the Courthouse. An attorney could start trying to discuss the case with the prosecutor before you ever go to Court. Sometimes, if intervention occurs soon enough, the actual charges that are filed with the Court could be different from the charges that the agency presented to the District...

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Can police give citation to 11 yr old and have her sign it without parent present--in Texas

Yes, under the Family Code, Juveniles (age 10 or older but under 17) can be charged via a paper citation. This applies not only to Class C misdemeanors but also to most other offenses including felonies. Police can take a child into custody (detain), release the child to a parent/guardian or responsible adult, or issue a citation for an offense. The child's signature is merely that they promise to appear in Court when notified to do so. It is also used as proof that the child was aware of the...

My 7 year old child was involved in a scuffle at school can charges be pressed

No criminal charges can be filed. The law in Texas requires that a child must be 10 years old when the offense is committed to be held criminally responsible. The age of the victim does not matter. Your son was 7, so technically no crime!

What can happen to a minor in possession of stolen property

He can be charged with the crime of Theft - Possession of Stolen Property. The value of that property will determine the level of the offense, >$50 is a Class C Misdemeanor, >$50<$500 is a Class B Misd.; >$500<$1500 is a Class A Misd.; >$1500 will be a felony offense. If it can be proved that he acted as a party to the offense, assisted in the commission of the crime, he can be charged with the original offense. (i.e. Burglary of a Habitation).

I would like to have my records sealed

First of all, you must be 21 years old if you were adjudicated for the felony offenses. If you received a determinate sentence on any of them, you cannot seal your records. If you have been prosecuted for any other crimes since these occurred whether as an adult or a juvenile, depending on the offense, you may be barred from sealing the records. If you are eligilble to seal the records, it will be up to the Judge's descretion to grant your request.

I would like to get my records sealed

Contact a Juvenile Law Attorney in the County where you were placed on probation. A petition will have to be prepared and filed setting out the relevant information and agencies who possess knowledge and/or information about your juvenile case. There are requirements that must be met before you can have your records sealed. In most felony cases, you must wait until your 21st birthday. If you have been prosecuted for other crimes, you may be barred from sealing the records. A qualified attorney...

Will my juvenile record show up on an employer background check?

In the state of Texas Juvenile records are restricted to law enforcement level access only. They are not public records. However, if the child signs a waiver with the employer allowing a law enforcement level background check to be conducted, it wil most likely be seen.