Signs You May Be Under Investigation: A Lawyer’s Perspective

As criminal defense attorneys at Varghese Summersett, we often have clients who suspect they may be under investigation, even without direct contact from law enforcement. This article will highlight some signs of an ongoing investigation and offer guidance on what to do if you believe you’re being investigated.

What are the signs that you are under investigation by law enforcement or the FBI even if you have not been contacted by them? – Actual search conducted by SEC X hacker before FBI Arrest

Just before being arrested by the FBI, the hacker who took control of the SEC X account, boosting Bitcoin values for a day searched for signs that the FBI might be after him. As a starting point, in the eyes of law enforcement, the search itself is incriminating, although there’s nothing illegal about it. So what is the answer to the question posed? In this article, we’ll use our decades of experience defending criminal allegations (an prosecuting them before that) to answer the question.

Understanding Law Enforcement Investigations

Before discussing the signs, it’s important to understand how investigations work:

Local Law Enforcement

Local agencies usually respond to crimes quickly. However, investigations into financial or computer-related crimes might take longer.

Federal Agencies

Federal agencies like the FBI work more slowly. It can take years before an arrest, even after the investigation has started.

Signs You Are Under Investigation (or Might Be)

1. Arrests or Investigations of Associates

If people you know—whether business partners, friends, or family—are being investigated or arrested, it could be a sign that you’re part of a larger investigation. Law enforcement often works by connecting individuals through their associations, looking at networks to identify suspects or accomplices. For example, if your business associate is being scrutinized for financial misconduct, authorities might believe you were involved or had knowledge of the wrongdoing. Similarly, if people in your personal life are arrested for criminal activities, such as drug offenses or fraud, law enforcement might consider you as part of the same circle. It’s important to pay attention to who around you is being questioned or arrested, as their cases could be linked to you.

2. Internet Service Provider Notification

Another strong indicator of an investigation is receiving a notice from your internet service provider (ISP) stating that they’ve been compelled to release information about your internet usage or online activity. Law enforcement can issue a subpoena to ISPs to gain access to your browsing history, emails, or other internet-based communications. This typically happens when authorities are investigating cybercrimes, such as fraud, hacking, or illegal downloads, but it could also occur in cases involving financial crimes or other activities where digital evidence is relevant. If you receive such a notification, it’s a clear signal that you’re under scrutiny for what you’ve been doing online, and you should immediately seek legal advice.

3. Search of Business or Property

A search of your business or property is one of the most direct signs that you’re under investigation. Law enforcement usually obtains a search warrant only after gathering substantial evidence, which indicates a high level of interest in your activities. If agents show up with a search warrant, it means they believe there’s probable cause that evidence of a crime may be found at the location. This can involve not only physical searches of your premises but also searches of electronic devices, computers, and storage systems. Such searches are not conducted lightly and suggest that law enforcement is already deep into the investigation process. It is important to stay calm, ask to see the warrant, and contact an attorney immediately.

4. Frozen Bank Accounts

If your bank accounts are suddenly frozen without explanation, it may be a sign that law enforcement is conducting a financial investigation. Freezing assets is a common tactic used to prevent suspects from transferring or hiding money during the investigation process. This can happen in cases involving fraud, money laundering, tax evasion, or other financial crimes. A frozen account is not just an inconvenience; it means that investigators are likely gathering evidence of illegal financial activities and are taking steps to secure funds they believe are connected to a crime. It’s crucial to speak to an attorney to understand why the freeze occurred and to take appropriate action to protect your financial rights.

5. Child Protective Services (CPS) Involvement

Sometimes, CPS may get involved if there are allegations related to child welfare, which can indirectly be part of a larger criminal investigation. For instance, if you’re suspected of drug activity, domestic violence, or other crimes that could affect your children, CPS may visit your home or contact your children at school. While CPS investigations are not always linked to criminal investigations, they can sometimes overlap. If law enforcement suspects that your activities may put children at risk, they might coordinate with CPS to investigate further. If CPS shows up unexpectedly or if your children are questioned about your household or activities, it’s a red flag that authorities are taking an interest in your family, possibly as part of a broader investigation.

6. Surveillance

Increased surveillance is another key sign that you may be under investigation. Law enforcement often uses surveillance techniques to gather evidence without making direct contact. You might notice unfamiliar vehicles parked near your home or business, strange individuals loitering, or cameras being set up in your area, sometimes attached to utility poles or other high points. Such surveillance can be conducted over an extended period to monitor your movements, interactions, and behavior. Investigators may be looking for patterns or waiting to collect enough evidence before making a move. If you suspect that you’re being watched, it’s important not to confront anyone directly but to document the activity and contact a lawyer.

Federal law enforcement agencies are known to conduct early morning raids, usually between 5 and 6 a.m. These raids are designed to catch suspects off guard when they are least likely to be prepared. Such operations are often executed in cases involving drugs, weapons, or other serious crimes, and they aim to gather evidence or make arrests before suspects can hide incriminating material. If you are the target of such a raid, it indicates that law enforcement has collected enough evidence to take immediate action. These raids are often well-planned and involve multiple officers. If this happens to you, it’s important to remain calm, follow instructions, and contact a criminal defense attorney as soon as possible.

7. Grand Jury Subpoena

Receiving a grand jury subpoena means that you’re officially involved in an investigation, either as a witness or as a potential suspect. Grand juries are convened to determine whether there is enough evidence to bring criminal charges against someone. If you receive a subpoena to testify or provide documents, it’s a sign that the investigation has advanced to a formal stage. While you may not yet be charged, the fact that you are being asked to participate indicates that law enforcement is gathering key evidence, and your testimony or documents could play a crucial role. It’s essential to consult with an attorney before responding to the subpoena to ensure your rights are protected and that you avoid self-incrimination.

8. Target Letter

A target letter from the U.S. Attorney’s Office is an explicit indication that you are under federal investigation and are considered a potential defendant in a criminal case. These letters are typically sent when federal prosecutors believe they have enough evidence to charge you but may offer you a chance to cooperate before formal charges are filed. Receiving a target letter should never be taken lightly—it means that federal authorities view you as someone who may soon face criminal charges. If you receive a target letter, contact an attorney immediately. It may be possible to negotiate with prosecutors at this stage or to start preparing a defense.

9. Interviews with Friends and Family

Law enforcement may start interviewing your friends, family, or colleagues to gather information about your activities. If people close to you are being contacted by investigators, it’s a sign that you are under scrutiny. These interviews are often conducted to collect background information, corroborate other evidence, or build a case against you. While it may be tempting to discuss the situation with those who have been interviewed, it’s important to remember that conversations about an ongoing investigation could be used against you. Instead, you should encourage your friends and family to seek legal advice and refrain from discussing the case without an attorney present.

What to Do If You Suspect You’re Under Investigation

1. Stay Calm

It’s natural to feel anxious if you suspect you’re under investigation, but it’s crucial to remain calm and avoid panicking. Panic can lead to impulsive decisions that could harm your situation. Staying composed will allow you to think more clearly and take appropriate steps to protect yourself. Begin by quietly gathering information about the investigation without interfering or drawing attention to yourself. This may include noticing any signs of surveillance, monitoring communication from law enforcement, or identifying any associates who may be involved. The key is to stay level-headed and act with caution.

2. Remain Silent

One of the most important rights you have is the right to remain silent. Under the Fifth Amendment, you are not required to speak to law enforcement, and it’s usually in your best interest not to. Anything you say can be used against you later, so it’s wise to avoid making any statements without a lawyer present. Even seemingly harmless conversations can be twisted to fit a narrative or suggest guilt. If law enforcement approaches you, calmly state that you are invoking your right to remain silent and that you wish to have an attorney present before answering any questions. This is a critical step in protecting your legal interests.

3. Stay Off Social Media

While it might be tempting to vent or share your experiences online, avoid posting anything on social media. Investigators often monitor social media platforms, and posts, comments, or interactions can easily be misconstrued or used as evidence. Even if you think your posts are private, they can be subpoenaed and brought into the investigation. In addition, posts that appear irrelevant to the investigation can still provide clues about your location, behavior, or associations. It’s best to temporarily pause any social media activity until you have spoken with an attorney and understand the full scope of the investigation.

4. Require a Search Warrant

If law enforcement shows up at your home, business, or property and asks to conduct a search, you are not obligated to allow them to do so unless they present a valid search warrant. Politely but firmly ask to see the warrant before allowing any searches. If they don’t have one, you are within your rights to refuse the search. A search warrant is a legal document issued by a judge that gives law enforcement permission to search specific areas for particular items. Without one, you can and should withhold consent to protect your privacy and legal rights. Always request a copy of the warrant for your records and immediately contact your attorney.

5. Know Your Rights

Familiarizing yourself with your legal rights is one of the best ways to protect yourself during an investigation. Knowing your rights in different situations—such as during searches, arrests, or questioning—can prevent you from inadvertently waiving them. For example, you are not required to consent to a search without a warrant, and you can refuse to answer questions without a lawyer present. Understanding your constitutional rights and the limits of law enforcement’s power will help you avoid making costly mistakes. Your attorney can provide detailed guidance on what rights apply to your specific situation.

6. Document Everything

It’s essential to keep detailed records of anything related to the investigation. Document any unusual occurrences, communications from law enforcement, or other suspicious activities. This includes dates, times, and descriptions of events, such as if someone approaches you with questions or if you notice increased surveillance. Keeping a log of these incidents will be valuable for your defense, as it can provide your attorney with a clearer picture of the investigation and help refute claims. Written records are more reliable than memory, and they can serve as crucial evidence if you need to challenge any part of the investigation later on. If you want to protect your writings, make it a letter to your attorney. Start the document off with “Dear Attorney,” to invoke your attorney-client privilege.

7. Be Discreet

One of the most important things to remember is to remain discreet and avoid discussing the investigation with anyone other than your attorney. Conversations with friends, family, or colleagues are not protected under attorney-client privilege, which means that anything you say can be subpoenaed and used against you. Even well-meaning friends could accidentally reveal details that hurt your case. To avoid any misunderstandings or leaks of information, limit discussions about the investigation to your legal counsel, who is bound by confidentiality and can offer you sound advice without jeopardizing your defense.

8. Prepare for Possible Outcomes

While you should always remain hopeful for a positive resolution, it’s wise to prepare for a variety of potential outcomes. This means considering what might happen if the investigation leads to formal charges or an arrest. You should make arrangements for your personal and professional responsibilities, such as childcare, business management, or financial affairs, in case you are taken into custody or required to devote significant time to your defense. Being prepared for the worst while hoping for the best ensures that you’re not caught off guard and helps you maintain stability in your life during an uncertain time.

The Importance of Legal Representation

If you believe you are under investigation, contacting a criminal defense attorney as early as possible is crucial. An attorney can provide critical advice, guide you through the investigation process, and protect your rights. A skilled lawyer will know how to communicate with law enforcement on your behalf, negotiate with prosecutors to avoid or minimize charges, and develop a defense strategy that aligns with your best interests. Without legal representation, you may unknowingly make mistakes that could worsen your situation. A strong defense begins with understanding your rights and having an experienced advocate by your side.

Conclusion

Being investigated by law enforcement can be overwhelming, but recognizing the signs and taking action can help protect your rights. If you notice any signs of an investigation, seek legal counsel immediately. At Varghese Summersett, we can help you through this challenging process and work toward the best outcome for your case.

The Texas Farm Animals Liability Act (FALA)

The Texas Farm Animals Liability Act (FALA) limits the liability of farm animal owners when someone is injured while participating in activities involving animals like horses, cattle, or livestock. If you’re injured on a farm, FALA keeps the owner from being held responsible for your injuries, especially if the injury happened due to inherent risks involved in dealing with farm animals, such as unpredictable behavior. That does not mean that farmers are insulated from all claims arising from injuries caused by farm animals. In this article, our Texas personal injury lawyers discuss the limitations of FALA and what you should do if you were injured on a farm in Texas.

Who is a “Participant” under FALA?

The limitation of liability pertains to injuries or death sustained by a “participant.” According to Section 87.001, a participant is:

1. For farm animal activities:  Anyone who engages in the activity, regardless of their status. This means it doesn’t matter if they are an amateur or professional, if they paid for the activity or are doing it for free, or if they are an independent contractor or employee. The key point is that they are actively involved in the farm animal activity.
2. For livestock shows: There are two categories of participants:
   • A person who registers for and is allowed by the livestock show sponsor to compete in the show by showing an animal on a competitive basis.
   • A person who assists the competitor described above.

In essence, the definition is quite broad for farm animal activities, encompassing anyone involved regardless of their skill level, payment status, or employment relationship. For livestock shows, it’s more specific, focusing on the actual competitors and their direct assistants.

Definition of “Inherent Risks”

According to Texas Civil Practice and Remedies Code § 87.003, an inherent risk refers to dangers or conditions that are an integral part of activities involving farm animals, livestock shows, or farm operations. These risks are considered inherent because they are naturally occurring or unavoidable aspects of dealing with animals and farm environments. The law specifically outlines several categories of inherent risks:

1. Animal behavior: This includes the natural tendency of farm animals or livestock to act in ways that could cause injury or death to people handling them or in their vicinity.
2. Unpredictable reactions: Animals may react unpredictably to various stimuli such as sounds, sudden movements, or unfamiliar objects, people, or other animals.
3. Environmental factors: For activities involving equine animals, this includes certain land conditions and hazards, including surface and subsurface conditions.
4. Collisions: The risk of colliding with another animal or an object during these activities.
5. Participant behavior: This includes the potential for participants to act negligently, such as losing control of an animal or engaging in activities beyond their skill level, which could lead to injury to themselves or others.

The law considers these risks to be an inherent part of farm animal activities, livestock shows, and farm operations. As such, it limits the liability of various parties (including farm animal activity sponsors, professionals, owners, livestock producers, and show sponsors) for injuries, deaths, or property damage resulting from these inherent risks.

Required Warning Signs for FALA Protection

To qualify for protections under Texas Civil Practice and Remedies Code § 87.005, warning signs must be placed in visible locations where farm animal activities are conducted. The sign should read:

“WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OR RANCH OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.”

Failure to display this sign can result in loss of liability protection under the Act.

The law requires farm animal professionals, farm owners, or lessees to post warning signs if they manage or control a farm, stable, corral, or arena where farm animal activities occur. These signs must be placed in clearly visible locations on or near the relevant facilities.

Additionally, the same warning that appears on the signs must be included in all written contracts. This applies to contracts for professional services, instruction, or the rental of equipment, tack, or farm animals. The warning must be included in contracts with participants, employees, and independent contractors. It’s important to note that this contract requirement applies regardless of whether the farm animal activities take place at the business location or elsewhere. The law specifies that the warning in these contracts must be clearly readable.

The purpose of these requirements is to ensure that people are aware of the risks associated with farm animal activities, whether they encounter this information on physical signs at the location or in written agreements. This consistent warning helps protect the farm animal professionals, owners, and lessees from liability by demonstrating that participants were informed of the inherent risks.

Exceptions to Texas Farm Animals Liability Act Protections

There are statutory exceptions to FALA, which is not to say these are the only exceptions, but that these are ones the legislature called out in Section 87.004 as not having FALA protection. These are the exceptions:

• Faulty equipment: If someone provides faulty equipment or tack (riding gear), and they knew or should have known it was faulty, they can be held liable if it causes an injury or death.
• Improper participant screening: If someone provides an animal but doesn’t make a reasonable effort to check if the participant can safely handle the animal or activity, they can be held liable. This is based on what the participant tells them about their abilities.
• Hidden dangers on the property: If there’s a dangerous condition on the land that’s not obvious, and the property owner/controller doesn’t post clear warning signs or tell participants about it, they can be held liable if it causes injury or death.
• Reckless behavior: If someone acts with extreme carelessness (willful or wanton disregard) for participant safety, and this causes an injury, they can be held liable.
• Intentional harm: If someone intentionally causes damage, injury, or death, they can be held liable.
• Livestock show special case: For livestock shows, if someone invites or allows a non-participant (as defined by law) to join in an activity connected to the show, and that person gets injured or killed, the organizer can be held liable.

These exceptions are designed to ensure that while providers of farm animal activities and livestock shows have some protection from liability for inherent risks, they still have a responsibility to maintain basic safety standards and act responsibly.

FALA Protections Strengthened in 2021

The Texas Farm Animals Liability Act, codified in Chapter 87 of the Texas Civil Practice and Remedies Code, has undergone significant modifications since its inception. The most recent changes came with House Bill 365, signed by Governor Abbott on June 6, 2021, and effective from September 1, 2021. These changes have important implications for farm animal professionals and ranch owners.

Key Changes from the 2021 Amendments

• Expanded activity descriptions
• Broadened definition of “farm animal professional”
• Modified definition of “farm animal”
• Updated required warning signage
• Extended protection to employees and independent contractors
• Clarified the Act’s relationship with workers’ compensation

These changes ensure broader protections for ranch activities, including veterinary practices. Honeybees kept in managed colonies are now included in the definition of “farm animals.”

Waak v. Rodriguez and Its Impact

The case of Waak v. Rodriguez (603 S.W.3d 103) influenced the 2021 amendments to FALA. The Texas Supreme Court ruled that ranchers and ranch hands engaged in daily ranch activities were not covered by FALA. In response, House Bill 365 expanded the definition of farm animal activities to include many common ranch tasks, ensuring broader protections for ranch hands, veterinarians, and others.

Who Does FALA Protect?

The 2021 amendments expanded protection under FALA to include:

• Farm animal professionals (instructors, veterinarians, farriers)
• Farm and ranch owners or lessees
• Employees and independent contractors
• Sponsors of farm animal activities
• Any person or entity providing land for farm animal activities

Protection is Not Automatic

FALA’s liability protection requires compliance with specific requirements:

• Posting proper warning signs
• Ensuring participant safety and awareness of land hazards
• Maintaining equipment and facilities in good condition
• Avoiding gross negligence or misconduct

Failure to meet these requirements can result in loss of FALA’s liability protections.

Contact Us if You’ve Been Injured by a Farm Animal in Texas

If you’re involved in farm animal activities, compliance with FALA is crucial. The attorneys at Varghese Summersett are well-versed in the Texas Farm Animals Liability Act and can provide legal guidance to help ensure your protection under the law. Contact us today at 817-203-2220 to schedule a consultation and safeguard your legal rights.

It seems like any time the topic of juvenile justice comes up, the subject of the conversation is always someone’s son, grandson, nephew, or another boy. Consequentially, it has become second nature to refer to juvenile respondents in general using male pronouns.

While it’s true that the majority of Texas preteens and teens referred to juvenile courts are boys, girls are referred regularly as well.  With conversations that tend to center around what happens throughout the process generalized through the lens of what happens to boys, it’s no wonder parents, guardians, and loved ones navigating this process with a girl are confused and frustrated by the lack of available information.

In this article, Board Certified Juvenile Lawyer, Lisa Herrick, explains many of the ways the Texas juvenile justice system is different for girls, and what family members can expect for their girl as they navigate the Texas juvenile justice system.

Approximately half the juvenile population is female. To be more specific, the 2023 census identified 48.8 percent of the population of Texans aged 10 to 16 as female. However, 2023 records show that only approximately 30 percent of referrals to juvenile justice departments across Texas were girls. Also significant is the fact that girls who were referred to juvenile departments were much less likely to be referred for felony conduct or any level of violent or weapons-involved conduct. The offenses for which girls were most likely to be referred were misdemeanor assault causing bodily injury (girls made up 41% of referrals), misdemeanor level theft (girls made up 46% of
referrals), and runaway (girls made up 57% of referrals).

These lower-level offenses mean it is more likely for girls to be diverted out of the Texas juvenile justice system without having to go into detention or through the court process. The lower number of girls going through the process means fewer conversations, less information, and greater mystery regarding what, if any, differences may exist for juvenile justice involved girls. The good news is the information is out there, if you just know where to look!

In particular, families and loved ones of a juvenile girl may feel concerned upon learning she has been taken to a juvenile detention center. They may wonder things like: Will she be housed with boys? Will male guards supervise her? What clothing will she be required to change into? Will she be provided appropriate hygiene products?

Texas Juvenile Detention Centers for Girls

The Texas Legislature has gone to great lengths to outline the strict regulations to which juvenile detention centers must adhere, and these questions specifically are addressed in the Texas Administrative Code, Section 343.

In a detention facility, a girl will get a room of her own in a girls wing, unit, or pod of the facility. There, she will share a bathroom only with other girls. She will be provided a gender-neutral uniform and basic hygiene items. She may be combined with male residents at different points in the day, but for the most part, the girls unit stays together and the boys unit stays together.

Male guards may be employed at the facility if there are also boys housed there, but at no time will a male guard ever supervise showers, clothing change, or personal hygiene practices of a female resident. Additionally, if a pat-down or strip search must be conducted, it will be conducted by a female staff member in private.

As the process continues, and the child is assigned an intake or pre-trial supervision officer of the juvenile probation department, the family of a girl child may wonder if she is guaranteed to be supervised by a female officer. Simply put, the answer is no. Both male and female probation officers may be employed and there are no legal restrictions of supervision by gender. The same is generally true for post-adjudication probation officers.

For those cases involving juvenile girls that go on through the court process, the majority of them are disposed by either pre-adjudication or post-adjudication probation supervision. For the most part, the available programs and services available to the juvenile probation department will be geared toward boys and girls or there are commonly programs and services that are limited to boys only.

Few jurisdictions have specialized programs and services designed for girls only. Usually, the larger counties are able to provide some services or programs for girls, with the smaller counties having fewer options. Interestingly, one of the largest counties in Texas, Tarrant County, seems to offer only one program that would be specifically geared toward girls; a program called SafeDate, a domestic violence awareness and prevention course. A notable example of a county that offers a great girl-specific option is the
. It stands for Girls Empowerment, Mentoring, and Support and is meant to address the unique needs of girls with mental health challenges and/or have a history of trauma or abuse.

Though it is not common for girls to be referred for serious felonies or violent or weapons- involved conduct, it does happen. Therefore, included in the possible consequences for those girls is residential placement or even confinement in the Texas Juvenile Justice Department, otherwise known as the prison for juveniles.

One of the few Administrative Code regulations specifically designed to benefit girls who are confined in any level detention facility provides the guarantee that girls will receive any necessary pre-natal, obstetric and specialized-obstetric, and post-partum care. As heartbreaking as it is to anticipate managing a pregnant teen in a juvenile correctional facility, it is comforting to know there is a plan in place.

A residential placement facility is a secure facility (in other words, it is locked down), not including TJJD. Residential placement may be ordered as a condition of probation, whether the probation is under indeterminate sentencing or determinate sentencing. Residential placement is typically ordered when a child has evidenced a higher need than the juvenile probation department can offer in the community. The child’s need may be based on mental health concerns, behavioral concerns, or another specialized need like sex-offender treatment. Every Texas county or geographical area differs in its access to residential placement facilities and, disappointingly, most areas have very limited options for placement facilities for girls.

It is not uncommon for a facility to disqualify a girl for treatment due to her juvenile history, advanced mental health needs, or other circumstances. Some juvenile departments may contract with private facilities, but even those options may be limited for girls. Something parents and families may consider is the possibility of residential placement is looking likely is to arrange for voluntary placement at a facility. The family may have more options available by arranging for
it independently, rather than waiting for the juvenile department to attempt to find a location.

Confinement at the Texas Juvenile Justice Department (also sometimes referred to as the prison for kids), is the highest punishment option available to the juvenile courts. It is regularly reserved for those juveniles who have been adjudicated of felony conduct that is unusually violent or unusually serious or who have exhausted all other options available in the Texas juvenile justice system.

Of the total number of children referred to juvenile departments each year, only an average of one percent of those children are ultimately sentenced to confinement at TJJD. This number includes boys and girls. Of that total number, only an average of 10 percent are girls. In 2021, 58 girls were sentenced to confinement at TJJD, compared to 514 boys sentenced the same year. Because the number of girls confined at TJJD is typically very low, only one of the 5 TJJD locations houses girls, and the girls are housed in a separate area of the facility. Currently, the facility girls are sent to is the McLennan County State Juvenile Correctional Facility in Mart, Texas.

Speak to a Board Certified Juvenile Attorney

If you’re looking for a juvenile defense attorney, you are at the right place. Lisa Herrick is Board Certified in Juvenile Law – which means she is considered an expert in juvenile law. You will be hard-pressed to find another juvenile lawyer in North Texas with her expertise and legal acumen.

Lisa has successfully handled every type of juvenile case, ranging from theft to capital murder. She has vast knowledge of the juvenile court system, the process, and how to best help and protect your child. Contact Lisa today for a free consultation at 817-203-2220. If your child is in custody, time is of the essence.

• The article relied heavily on statistics and record keeping provided by the Texas Juvenile Justice Department.

A Comprehensive Guide to the Punishment Range for Juveniles in Texas

If your child is facing a juvenile charge, it is essential to understand the punishment range for juveniles in Texas. The Texas Family Code provides a range of disposition options that focus on rehabilitation rather than pure punishment. This comprehensive guide prepared by our Fort Worth Juvenile Lawyer offers a detailed overview of the various punishment ranges and disposition options available in the Texas juvenile justice system.

Overview of the Juvenile Justice System in Texas

In Texas, the juvenile justice system handles cases involving youth between the ages of 10 and 16 who are accused of committing delinquent acts. The system’s primary goal is rehabilitation, aiming to redirect young offenders away from criminal behavior and towards becoming productive members of society.

Types of Juvenile Offenses

Before discussing punishment ranges, it’s important to understand the types of offenses that can bring a juvenile into the system:

• Delinquent Conduct: Acts that would be considered crimes if committed by an adult.
• Conduct Indicating a Need for Supervision (CINS): Less serious offenses, including truancy, running away, and certain misdemeanors.

Punishment Ranges in Juvenile Court

Punishment ranges in juvenile court differ significantly from those in adult court. With the exception of determinate sentences, there is no set minimum or maximum sentence in the juvenile system. This flexibility allows the court to tailor dispositions to the individual needs of each juvenile offender.

For example:

• An adult convicted of Aggravated Robbery might face 5-99 years in prison or life.
• A juvenile offender for the same offense could face:
  • Commitment to the Texas Juvenile Justice Department (TJJD) until their 19th birthday
  • Probation until their 18th birthday

Disposition Options for Juveniles

When allegations against a juvenile are found to be true, the court has numerous disposition options available. These dispositions can be categorized as determinate and indeterminate sentences. Other terms you may hear in regards to dispositions in regards to juveniles include:

1. Texas Juvenile Justice Department (TJJD)

Formerly known as the Texas Youth Commission (TYC), the TJJD is the state agency responsible for the care, custody, treatment, and rehabilitation of the most serious juvenile offenders. Commitment to TJJD is typically reserved for more severe cases or repeat offenders.

2. Texas Juvenile Probation Commission (TJPC)

The TJPC oversees juvenile probation services in Texas. Through county Juvenile Probation Departments, juveniles can be supervised in several ways:

a. Deferred Prosecution

• A voluntary alternative to adjudication
• Typically involves an agreement between the child, parent, prosecuting attorney, and juvenile probation department
• Reserved for less serious offenses and non-habitual offenders
• Duration: 6-12 months

b. Regular Probation

• Allows juveniles to remain living with their families while completing probation terms
• Can last until the juvenile’s 18th birthday
• May include conditions such as school attendance, curfews, counseling, restitution to victims, community service, and more.

c. Long Term Detention (Post Adjudication Detention/PAD)

• For juveniles unable to succeed on probation at home
• Involves completion of a long-term program in county detention or another court-approved facility

3. Drug Court

Juvenile Drug Courts offer eligible youth an opportunity to receive substance abuse treatment as an alternative to formal probation. These programs aim to help at-risk youth and their families lead drug-free, law-abiding, and productive lives.

4. Determinate Sentences

For more serious felonies, prosecutors may seek a determinate sentence. This option allows for punishment ranges up to 40 years and potential transfer to adult court or prison after the juvenile becomes an adult. A determinate sentence is a permanent blemish on a person’s record.

5. Certification as an Adult

In cases involving serious offenses, prosecutors may seek to have the juvenile certified as an adult. This means the case is transferred to adult criminal court before adjudication.

Post-18 Filings

The court may also waive its jurisdiction and transfer a juvenile court case to adult court in cases involving “post-18” filings. This applies when the accused committed a felony as a juvenile but was not adjudicated before turning 18.

Probation and Transfer to Adult System After 18

Probation

If a juvenile is placed on determinate sentence probation, the State must request a hearing to transfer the probation from juvenile probation to adult probation before the juvenile’s 19th birthday.

Transfer to Adult System

For juveniles committed to TJJD on a determinate sentence, TJJD may request a transfer hearing to move the juvenile to an adult prison before their 19th birthday.

Navigating the juvenile justice system can be complex and overwhelming. If your child is facing charges in the juvenile system, it’s crucial to seek experienced legal representation. At Varghese Summersett, our Board Certified Juvenile Specialist has extensive experience in handling juvenile cases. We are committed to protecting your child’s rights and future.

Talk to Our Juvenile Specialist

The juvenile justice system in Texas aims to balance accountability with rehabilitation, offering a range of disposition options from probation to determinate sentences. The specific punishment a juvenile faces depends on factors such as the severity of the offense, the juvenile’s age and history, and the discretion of the court.

If your child is facing charges in the juvenile system, contact the Board Certified Juvenile Specialist at Varghese Summersett today. We will guide you through this challenging time and fight for your child’s rights and future.

In Texas, the term “sole custody” isn’t a term officially used in court proceedings. Instead, what is thought of as “sole custody” is called “sole managing conservatorship” in family courts. This type of legal arrangement allows one parent to have the exclusive authority to make important decisions about their child’s life, including decisions on matters such as the child’s education, healthcare, and religious upbringing.

How to Get “Sole Custody” in Texas

To begin the process of obtaining sole custody, you need to file a petition in your county’s family court. This petition is a formal document that outlines your reasons for seeking sole custody and explains how it would benefit your child.

To support your petition, you should gather and present evidence that substantiates your claim for sole custody. This evidence might include instances of neglect, abuse, or other issues that could affect the child’s well-being.

You will then need to attend a court hearing where both parents present their cases. The judge will review the evidence, listen to testimonies, and decide based on what is in the child’s best interest.

In some situations, the court may order mediation to help both parents reach an agreement without going to trial. Mediation can be a helpful step in finding a compromise.

Once all information has been reviewed, the judge will make a decision and issue a ruling. If you are granted sole custody, the court will provide a formal order detailing your rights and responsibilities.

How to Get “Sole Custody” if You Aren’t the Child’s Parent

If you are not a biological parent but wish to seek sole custody, the process can be more complex but remains feasible under certain conditions. The biggest difference if you are seeking sole custody and are not a parent is that you must first establish legal standing. This typically involves demonstrating that you have a significant relationship with the child and that you are capable of meeting their needs. However, under Texas law, a judge will appoint a parent to have sole custody unless the judge finds that having the parent as a sole managing conservator would not be in the best interest of the child.

It is highly advisable to consult with an experienced family law attorney who can guide you through this intricate process and help you understand your legal standing.

Rights of a Sole Managing Conservator

As the parent granted sole custody, you will have several important rights, including:

• Major Decision-Making: You will have the exclusive right to make decisions about your child’s education, health care, and religious upbringing.
• Living Arrangements: You can determine where your child will live and with whom.
• Control Over Access: You have authority over the child’s interactions with the non-custodial parent, though the court may set visitation schedules to ensure the child maintains a relationship with both parents.

While sole custody gives you the final say in key decisions, it doesn’t necessarily mean the other parent will be completely excluded from the child’s life unless the court decides otherwise for safety reasons.

What Rights Do You Have if the Other Parent Has “Sole Custody”

If you’re not the sole managing conservator, you still have certain rights and responsibilities. These can vary depending on the court’s decision, but generally include:

• Possession and Access: You may have visitation rights or scheduled time with the child. The specific details of these rights will be outlined in the court order.
• Decision-Making Input: While you may not have the final say, you might still have a say in certain day-to-day matters or be involved in discussions about the child’s welfare.
• Communication: You may be able to communicate with the child, and the court may establish guidelines for how and when this communication should occur.

The aim is to ensure that the child maintains a relationship with both parents, unless it’s deemed harmful.

Factors Courts Consider in Awarding Sole Managing Conservatorship

Texas courts weigh several factors when deciding whether to grant sole managing conservatorship. The court’s main focus is what arrangement will best serve the child’s emotional and physical health. Some other key considerations include:

• History of domestic violence or neglect
• Substance abuse issues
• Ability to provide for the child’s physical and emotional needs

The Role of a Guardian Ad Litem in Custody Cases

In some custody cases, the court may appoint a guardian ad litem to represent the child’s best interests. This neutral third party investigates the family situation and makes recommendations to the court. If the guardian ad litem believes sole managing conservatorship is in the child’s best interest, they may recommend it to the court.

Need Help with a Child Custody Case? Call Us.

Navigating sole custody cases in Texas can be challenging. Every family’s situation is unique, and the legal process can be complex. At Varghese Summersett, our team of skilled family law attorneys is dedicated to helping parents understand their rights and options in custody cases. We can guide you through the legal process, help you build a strong case, and advocate for your child’s best interests. Call today at (817) 203-2220 to schedule a consultation with one of our experienced family law attorneys.