Can Kids Go to Jail? Exploring Juvenile Justice and Legal Protections

Kids can go to jail, yes, but that's not the whole picture. Age, the offense, the law, and the response matters a lot. Its design is aimed at criminal acts associated with minors by the juvenile justice system with a view to rehabilitate rather than to punish. But juveniles are not always charged and penalized like adults. In this blog, we are going to break this topic down, and what that means for families trying to navigate a complex system.

• Understanding Juvenile Justice in the United States
  
• At What Age Can Kids Be Charged?
  
• Why Are Kids Treated Differently?
  
• What Happens When a Child Is Arrested?
  
• The Juvenile Arrest Process
  
• Juvenile Detention Centers
  
• Offenses Commonly Committed by Juveniles
  
• Minor Offenses
  
• Serious Offenses
  
• When Kids Are Tried as Adults
  
• Determinate Sentencing
  
• Factors Considered
  
• Challenges of Juvenile Detention
  
• Mental Health Impacts
  
• Risks of Adult Facilities
  
• Can Juvenile Records Be Sealed?
  
• Eligibility for Record Sealing
  
• How The Law Office of Rolando Cantu Can Help

Understanding Juvenile Justice in the United States

As the juvenile justice system primarily treats children differently than the adult criminal justice system, recognizing that they are different, it is from the adult criminal justice system that it diverges from. Kids are still growing emotionally, socially, and mentally and their ability to change is always more than we can take for granted in adults. Laws around juvenile justice aim to balance accountability with the opportunity for rehabilitation.

At What Age Can Kids Be Charged?

Children under 8 in most states are too young to be held responsible for their actions, which is why they often are not charged with crimes. Rarely, in cases of very severe offenses — like murder, violent crimes — kids as young as 8 to 12 can be charged. Many states can prosecute by age 13 and many minors are handled as adults in the legal system after age 17.


In Texas, there are states who deem anyone between 10 and seventeen years old as a juvenile. In this age range, offenses for minors can be anything from a misdemeanour such as truancy to a felony like assault or theft. There are even some juveniles, for serious crimes, who could try them as adults and receive much harsher penalties.

Why Are Kids Treated Differently?

It acknowledges that children are impulsive, and cannot always be mature enough to actually understand the consequences of their actions. The focus of the juvenile system is rehabilitation, not punishment: to correct behaviors and keep kids from a lifetime of crime. Often, incarceration is trumped by programs like probation, counseling or education.

What Happens When a Child Is Arrested?

The Juvenile Arrest Process

When a minor is taken into custody, the process is different from that of an adult arrest. Here are key steps:

1. Probable Cause: A law enforcement officer must believe that the juvenile committed a crime or violated probation.
   
2. Notification of Parents: Parents or guardians are notified immediately about the arrest and charges.
   
3. Juvenile Processing Office: The child is brought to a juvenile processing office for questioning. Unlike adults, juveniles cannot be held for long periods without a detention hearing.
   
4. Detention Hearing: Within 48 hours, a judge decides whether to release the minor or keep them in detention until the case proceeds.

Juvenile Detention Centers

These centers are not the same as adult prisons. They focus on structure, education, and rehabilitation. Kids are required to attend school and participate in various programs designed to address underlying issues such as substance abuse or anger management. However, it’s still a highly stressful environment, and prolonged detention can have long-term emotional impacts.

Offenses Commonly Committed by Juveniles

Minors are often charged with offenses ranging from minor infractions to serious crimes. Here’s a breakdown of some of the most common charges:

Minor Offenses

• Truancy: Missing school without a valid excuse.
  
• Curfew Violations: Being out past a legally defined curfew time.
  
• Underage Drinking: Possession or consumption of alcohol before the age of 21.

Serious Offenses

• Theft and Shoplifting: Taking property with the intent to permanently deprive the owner of it.
• Assault: Acts of violence, including physical harm or the threat of harm.
• Drug Possession: Having illegal drugs or prescription medications without authorization.

For minor offenses, penalties might include probation, fines, or community service. More serious crimes can lead to incarceration or even transfer to adult court.

Related: Can You Get in Trouble for Texting About Drugs in Texas?

When Kids Are Tried as Adults

In extreme cases, juveniles can face adult charges. This process, known as “certification as an adult,” often applies to serious felonies like murder or aggravated robbery. Once certified, the juvenile is subject to adult sentencing guidelines, including long prison terms or even life sentences.

Determinate Sentencing

For some crimes, states use determinate sentencing. This allows juveniles to serve part of their sentence in a youth facility before transitioning to adult prison. Determinate sentences can be as long as 40 years, depending on the offense.

Factors Considered

Judges look at several factors when deciding whether to certify a juvenile as an adult:

• The severity of the crime
  
• The juvenile’s prior record
  
• The use of weapons or involvement in gang activity
  
• The likelihood of rehabilitation within the juvenile system

Challenges of Juvenile Detention

Mental Health Impacts

Many minors in the juvenile system struggle with untreated mental health issues. The high-stress environment of detention can exacerbate these problems, leading to increased anxiety, depression, and even suicidal thoughts. Solitary confinement, used to separate kids from adult inmates or for disciplinary reasons, often worsens the situation.

Risks of Adult Facilities

In adult jails, juveniles are at significantly higher risk of physical and sexual violence. Efforts to separate them from the adult population often result in isolation, further impacting their mental health and social development.

Can Juvenile Records Be Sealed?

The juvenile justice system aims to minimize the long-term consequences of a criminal record. Many juvenile records can be sealed or restricted, making them inaccessible to most employers, schools, and licensing boards. However, this process isn’t automatic and often requires legal assistance.

Eligibility for Record Sealing

To qualify for record sealing:

• The juvenile must have completed their sentence or probation.
  
• A specific amount of time, usually two years, must pass without additional offenses.
  
• The offense cannot be a serious felony.

Sealing records helps juveniles move forward without the stigma of a criminal history.

How The Law Office of Rolando Cantu Can Help

So, can kids go to jail? The answer is yes, but the legal system is built so they are protected and prioritize rehabilitation over punishment. Knowing the juvenile justice system and finding the right legal support means that families can prevent children’s futures from being blown off course by bad decisions or bad luck.

If your child is in legal trouble, a good criminal defense attorney is critical. The Law Office of Rolando Cantu McAllen, Texas specifically protects the rights of anyone, with the firm’s goal of ensuring they receive fair treatment under the law. Their team is dedicated to finding the right outcome possible for your child by navigating complex legal processes to help secure rehabilitation-focused solutions.

Don’t face this alone. To schedule a consultation about how they can help your family through this difficult time, please contact The Law Office of Rolando Cantu.