Collin County Juvenile Weapons Offense Lawyers
As parents, we work very hard to keep our children out of trouble. Young people sometimes make poor decisions, however, and even good kids may get in trouble with the law. Weapons are not toys—they are extremely dangerous devices that should only be handled by those trained in their use.
Texas gun laws make allowances for minors to use weapons while supervised by an adult, and even to possess their own guns. However, there are many situations in which a young person may get into trouble while in possession of a weapon.
If your child has been arrested and charged with a weapons offense, you need an attorney on your side who understands Texas weapons law. Contact the juvenile defense lawyers at Rosenthal Barbieri right away to discuss your case.
Why You Need To Hire A Lawyer
Everyone has rights during and after an arrest, and children are no exception. Juvenile rights vary somewhat from those of adults, however, and a good juvenile defense lawyer can make sure those rights are protected. Police and prosecutors can sometimes be overzealous, and they may take advantage of a young person’s innocence and lack of experience with legal matters.
You need an attorney on your side who will stand up for your child after their arrest and can answer all your questions about the case. They can review the circumstances of the arrest and organize witness statements, and can put together a strong argument for leniency or possibly even dismissal.
Why You Should Choose Rosenthal Barbieri To Handle Your Child’s Case
The criminal defense lawyers at Rosenthal Barbieri have years of experience with Texas weapons law, and our firm has helped many families facing the same situation as you and your child. Our top-notch legal staff includes two Criminal Law Board-certified attorneys – putting them among the top 1% of legal professionals in the criminal justice field.
Our firm is the largest criminal defense firm in McKinney, and we have the resources and the experience to give you and your family the very best legal representation. Dealing with the juvenile justice system can be a stressful ordeal for families, but with the skilled advocates at Rosenthal Barbieri on your side, you can rest assured that you’ll have the best possible defense.
Minors and Weapons Offenses In Texas
Minors can’t buy guns in Texas or obtain a license to carry a handgun, but there are no state laws prohibiting a minor from possessing a weapon. It is important to note that adults may be held criminally liable if their negligence leads to a minor obtaining and discharging a weapon, and the minor causes death or serious bodily injury to themselves or another person.
The Texas Penal Code prohibits anyone from carrying a firearm or certain other prohibited weapons on school grounds or into an airport, among other locations. You should discuss the specific circumstances of your child’s arrest with your lawyer to determine how it could affect their own case.
Expunction of A Juvenile Record
Having a juvenile record expunged means that it cannot be accessed or used for any purpose. A person may legally deny ever having been arrested, unless in court and under oath. In this case, the person needs only to state that their record was expunged.
Expunction is only available in certain specific situations, such as when the child was arrested and not charged, was acquitted, found innocent, or pardoned, or charges were dismissed. The court may impose a waiting period of several months or years on the expunction, depending on the severity of the charges.
Rights of a Juvenile Under Arrest
Like any other arrested person, a minor has Fourth and Fifth Amendment rights against illegal search and seizure and self-incrimination, and the police must read them the Miranda Warning:
- You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
Courts have held that the police must make sure that the juvenile understands each component of the warning before beginning questioning. As with an adult defendant, it is important that the child clearly invoke their right to remain silent if they wish to do so.
The Texas Juvenile Justice Handbook provides a list of information that the parents or guardian of a child under arrest has the right to obtain:
- the time and date of the offense
- the time and date the juvenile was brought into custody
- the name of the juvenile’s offense and its penal category
- the type of weapon that was used by the juvenile
- whether the offense was gang-related
- whether the offense involved the consumption of alcohol or use of an illegal controlled substance
- whether the juvenile was taken into custody with adults or other juveniles, and the names of those adults or juveniles
- the aspects of the juvenile court process that apply to the juvenile
- if the juvenile is in detention, the detention facility’s visitation policy as it applies to the juvenile
- the juvenile’s right to be represented by an attorney and the local procedures and standards for determining whether the parent qualifies as a court-appointed attorney to represent the juvenile
- the methods by which the parent can assist the juvenile with the legal process
Your attorney can help you understand all of your child’s rights within the juvenile system as well as your rights as their parent or guardian.
Talk to A Texas Juvenile Defense Lawyer Today
Seeing your child charged with a weapons crime can be a frightening experience for a family to go through. You don’t want to see them go to prison for a mistake. You need to contact a good juvenile defense attorney right away.
The knowledgeable weapons crime defense lawyers at Rosenthal Barbieri can make sure your child’s rights are protected throughout this process and will be by your side to give you and your family top-quality legal representation. Call (972) 369-0577 or fill out our contact form today to schedule a free consultation.