A juvenile drug arrest can leave parents unsure about where their child is and what happens next. After police take a child into custody, juvenile officials review the case and determine what action to take under Texas law.
What happens after your child is taken into custody?
A child may go home with a parent or caregiver or enter juvenile detention. In Collin County, detention intake officers gather information and assess the child before admission.
Juvenile probation officials then review the facts and may resolve the case through one of three options:
- Supervisory caution: An informal warning that closes the case without further action
- Deferred prosecution: An agreement allowing the case to be dismissed if the child meets certain conditions
- Formal juvenile court action: The case moves forward through the court process
Texas law sets specific grounds for detention. These can include a risk of absconding, inadequate supervision, no responsible person who can return the child to court or circumstances that may make the child a danger to himself or herself or the public.
What if your child remains detained?
The court must hold a detention hearing no later than the second working day after police take the child into custody. If police detain the child on Friday or Saturday, the hearing must occur even sooner on the first working day following detention, typically Monday. At the hearing, the court decides whether continued detention meets the legal requirements. The court also must inform the child about the right to counsel, including appointed counsel if the child is indigent and the right to remain silent about the allegations.
What can happen after intake?
The case may proceed through deferred prosecution or formal juvenile court action. If supervision follows, its level and conditions can vary based on the offense and circumstances. Collin County’s published sanction guidelines classify different drug offenses within different sanction levels.
What should parents do now?
Find out whether your child went home or remains in detention and whether the court scheduled a detention hearing. Before your child discusses the allegations with police or others involved in the case, consider speaking with a juvenile defense attorney about your child’s rights and next steps.