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Juveniles and the lack of bail

On Behalf of | May 10, 2022 | Criminal Law |

When young people get into trouble with the law in Texas, they could face serious consequences if tried as an adult. Those facing a day in juvenile court might experience some leniency, but the process remains serious. While the juvenile justice system may not issue a harsh penalty, some aspects of the juvenile court could shock the accused and their parents. For one, juveniles might not have the option of posting bail.

Bail and juvenile crimes

Although the option of bail is not available, that does not mean a juvenile faces forced imprisonment until trial. A young defendant can expect a detention hearing regarding the charges. During the hearing, a judge might decide whether to detain the young person or release them to their parents. Several factors could influence the judge’s decision, such as if the crime involved violence.

The juvenile may attend a fitness hearing to determine if the defendant will face charges as an adult. With nonviolent crimes, chances are the case will remain in the juvenile justice system. Still, some might not feel the inability to post bail is unfair.

Juvenile hall is not an adult jail

Although not perfect, the juvenile law system provides an alternative to the adult system to prevent a young person from getting into trouble with the law again. A juvenile may undergo counseling, curfew, and other rehabilitation processes instead of a lengthy prison term. The court may even hope to return the young persons to their parents’ care rather than detain them.

If the young person requires detention, they will not go to a jail unless tried as an adult. Instead, they would remain in juvenile hall. Since juvenile hall is not jail, no bail option exists.