Juvenile Lawyer in Montgomery County: Guidance for Parents

Juvenile law can feel overwhelming for families, especially when a child is facing legal trouble. At Brian Foley Law, we help in navigating these challenges with care as Montgomery County Juvenile Lawyers. Our mission is to protect your child’s rights, guide you through the legal process, and secure the best possible outcome for their future. Let’s explore what juvenile law entails, how it works, and why having an experienced attorney by your side makes all the difference.

 

What Is Juvenile Law?

Juvenile law is a distinct branch of the legal system focused on individuals under 18 who are accused of breaking the law. This could involve anything from serious crimes like theft or assault to possession of a controlled substance penalty group 2 and possession of marijuana.  Possession of THC vape pens is a felony offense which can result in a determinate sentence and incarceration or detention in a Juvenile facility.  

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Juvenile Detention Center in Montgomery County, Texas: What You Need to Know

If your child has been detained or arrested in Montgomery County, Texas, it’s crucial to understand how the local Juvenile Detention Center operates and the legal processes involved. The Olen Underwood Juvenile Justice Center plays an essential role in the juvenile justice system, providing secure detention for minors who have been accused of committing a delinquent act.

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What Is the Juvenile Detention Center?
The Juvenile Detention Center in Montgomery County is designed to house minors who are awaiting trial, a court hearing, or an alternative placement, such as a rehabilitation facility or foster care. The facility is structured to provide a secure environment while focusing on rehabilitating youth and ensuring they receive the appropriate care during this critical time in their lives.

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It’s important to note that a juvenile's detention is not meant to serve as punishment but as a preventive measure until their case can be resolved. A court hearing will determine whether the minor will remain in detention or be released to their parents or guardians while awaiting further proceedings.

Juvenile Law in Montgomery County

In Montgomery County, the Juvenile Probation Department is responsible for overseeing minors in the juvenile justice system. The department provides a range of services, from diversion programs to probation supervision, to ensure that juveniles are held accountable for their actions while working to prevent recidivism. They offer counseling, education, and community service opportunities as part of rehabilitation efforts.

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For more information on juvenile detention and services available in Montgomery County, Texas, visit the Montgomery County Juvenile Probation Department website here.

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Juvenile Probation in Montgomery County, Texas
The Montgomery County Juvenile Probation Department (MCJPD) plays a critical role in ensuring that juveniles who have committed offenses are held accountable while also offering opportunities for rehabilitation. The department’s mission is to help juveniles develop pro-social behaviors, maintain public safety, and support the integrity of the law.

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Key Processes in Juvenile Probation
Juvenile cases begin when law enforcement investigates a criminal act. If there is sufficient evidence, the case is referred to the Juvenile Probation Department or directly to the prosecutor. Juveniles may face either Paper Referrals (minor offenses) or Formal Referrals (more serious offenses) for review.

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Detention: If a juvenile is taken into custody, a detention hearing must occur within two business days. The court will decide whether to keep the juvenile in detention or release them pending a court hearing. Detention can only be lifted with a Juvenile Judge’s order.

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Probation Options

Deferred Prosecution: This is a six-month period of probation that allows juveniles a chance to avoid formal adjudication. If the juvenile successfully completes the terms, the case may be dismissed.

Probation: Court-ordered probation allows juveniles to stay in the community while following strict conditions such as school attendance, curfews, community service, and financial restitution.

Intensive Supervision Probation (ISP): This is for juveniles who need close monitoring, such as violent offenders or those with mental health issues.
Residential Placement: For more serious cases, juveniles may be placed in residential treatment centers for specialized care and rehabilitation. This includes facilities for mental health, substance abuse, and sex offenders. Aftercare services are provided post-placement to ensure a successful reintegration into the community.

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Texas Juvenile Justice Department (TJJD): Juveniles convicted of serious felony offenses may be committed to the TJJD, where they will receive treatment until they reach 19 years old. In some cases, a juvenile may be certified as an adult, facing adult penalties for their crimes.

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Family Involvement: Family support is essential for successful rehabilitation. Parents are encouraged to participate actively in probation programs, receive counseling, and attend support groups to address the needs of their child.

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Rights of Juveniles

Even though they’re minors, juveniles have legal rights that must be upheld throughout the process. For example, they’re entitled to an attorney—if the family can’t afford one, the court will provide a public defender. They also have the right to remain silent, meaning they don’t have to answer police questions without a lawyer present. Due process is another cornerstone: juveniles must receive fair treatment, including clear notice of the charges against them, the chance to present their side of the story, and the ability to appeal a decision if necessary.

 

One unique aspect is the role of parents. In most cases, law enforcement must notify a parent or guardian as soon as a minor is taken into custody. This ensures families stay informed and can advocate for their child. While these rights mirror many of those in adult court, juvenile proceedings are less formal and more focused on what’s best for the minor. At Brian Foley Law, we make it our priority to ensure these protections are fully respected, giving your child the strongest possible defense.

 

The Juvenile Justice Process

Navigating the juvenile justice system can feel like a maze, but understanding the steps can make it less daunting. It typically begins when a minor is suspected of an offense. They might be arrested and taken into custody, or simply issued a citation to appear in court later. From there, an intake officer—often a probation official—reviews the situation. They’ll decide whether to dismiss the case, handle it informally through something like a diversion program (think community service or counseling), or move forward with formal charges.

 

If the minor is detained, a detention hearing happens quickly, usually within 48 hours. A judge determines whether the child stays in custody or returns home under parental supervision. The next stage, called adjudication, is like a trial but less rigid than adult court. The judge listens to evidence and decides if the minor is responsible for the alleged offense. If they are, the process moves to disposition—essentially sentencing. Here, the judge might order probation, therapy, or even placement in a juvenile facility, depending on the case’s severity and the child’s needs. Afterward, the court often follows up to ensure the minor complies with the plan and gets the support they need to move forward.

 

Why Choose Brian Foley Law?

When your child’s future is on the line, you need a team that knows the ins and outs of juvenile law in Montgomery County. At Brian Foley Law, we bring years of experience to the table, along with a deep understanding of the local court system. We’ve worked with judges, prosecutors, and other key players, building a reputation for effective, compassionate representation. Our approach starts with protecting your child’s rights—making sure every legal safeguard is in place to shield their future from lasting harm.

 

Every case is different, so we craft personalized strategies to fit your situation. Whether it’s negotiating for a lighter disposition or fighting for a dismissal, we’re relentless in pursuing the best outcome. Beyond the legal details, we know this is a stressful time for families. That’s why we’re committed to keeping you informed, answering your questions, and offering support every step of the way. Our track record shows we can deliver results, helping kids move past these challenges without a juvenile record holding them back.

 

Contact Us Today

If your child is facing juvenile charges in Montgomery County, time is critical. The earlier you reach out, the more we can do to protect their rights and shape a positive resolution. Call Brian Foley Law at 936-596-0407 for a free consultation. We’re here to explain your options, ease your concerns, and provide the skilled representation your family deserves. Don’t let uncertainty take over—let us help you take control of the situation.