When a minor is accused of a criminal offense on school grounds, two separate systems activate at the same time. The school district moves through its own disciplinary process while the juvenile court handles the criminal charge independently. Both timelines run simultaneously, and both can shape your child’s future in ways that demand immediate legal attention.
School-based criminal charges in Texas trigger proceedings under both the Texas Education Code and the Texas Family Code at the same time. The school district has independent authority to place a student in a Disciplinary Alternative Education Program, suspend them, or pursue expulsion through its own hearing process, entirely separate from the juvenile court case. A fight, a weapon found on campus, drug possession, or a threat made to another student can activate both systems within hours of the incident.
What happens in the school’s disciplinary hearing can affect the juvenile court case, and vice versa. Statements a student makes in a school disciplinary meeting are not protected in the same way statements made to police are, and families who are unaware of this often make their child’s legal situation worse before an attorney is ever involved. Our firm addresses both tracks from day one, protecting your child’s right to remain in their school or return to it, challenging the evidence in the disciplinary process, and building the strongest possible defense against the criminal charge.
Yes. The school’s authority to remove a student from campus operates completely independently of the juvenile court. A student can be expelled through a school disciplinary hearing and simultaneously face a formal juvenile court case for the same conduct. Our firm works to limit the school’s disciplinary action where possible, challenge the evidence used in expulsion hearings, and coordinate the school defense with the juvenile court defense so that one proceeding does not create problems for the other.
A formal adjudication in juvenile court for conduct that occurred at school can result in probation, community service, mandatory counseling, and a juvenile record. Depending on the seriousness of the charge and the student’s age, a judge can also order transfer to adult court for trial. A juvenile record can affect college applications, military enlistment, and professional licensing even after a person reaches adulthood, particularly if the offense is one that requires disclosure. Our firm pursues dismissal, diversion, or the most favorable resolution the facts support, keeping your child’s academic and professional future at the center of every decision.
A 10-year-old charged in connection with a stabbing that claimed the life of a 13-year-old raises some of the most complex questions in criminal law, including questions of competency, intent, self-defense, and whether a child can truly understand the charges they face. As discussed in this Fox News segment, the juvenile justice system prioritizes rehabilitation over punishment, but that does not mean these cases are simple. Whether a statement amounts to a confession, whether a child was acting in self-defense, and whether they are even competent to aid in their own defense are all critical issues that must be carefully evaluated by an experienced attorney.
These are not cases where families can afford to wait and see. The decisions made in the earliest stages, from the first conversation with law enforcement to the first court appearance, can shape the entire outcome. Having an attorney who understands both the legal process and the human side of these situations makes a real difference.
David Smith is a Board Certified Criminal Defense Attorney with over 20 years of experience handling serious criminal cases in Houston and throughout Harris, Brazoria, Fort Bend, and Galveston Counties. As a former prosecutor who tried over 100 jury cases, including Murder and Aggravated Assault, David understands exactly how the state builds its case and what it takes to challenge it. When the stakes are this high, you need a defense attorney who knows the law, knows the courts, and knows what questions to ask. Call David Smith Law Firm 24/7 at (713) 769-5000.
