In Texas, young people between 10 and 16 years old can be charged with Class C misdemeanors. This means that even very young students can be sent to Justice or Municipal Court (adult criminal courts) where they face fines of up to $500, court fees, and the possibility of a criminal record, all without court-appointed attorneys. Students are charged with offenses like disorderly conduct (like cursing, making offensive gestures, being too loud, or fighting in school), curfew ordinance violations, and other minor offenses. Students can be charged for many of these offenses for school behaviors.
If you receive a complaint or ticket (sometimes called a citation), don’t ignore it. Ignoring it could result in additional charges. Your citation will state the date and time to make your initial appearance. If you don’t show up, you could be charged with the separate offense of Failure to Appear.
Before your hearing date, ask for a copy of your court and school discipline file—you are entitled to review it. Gather evidence for your defense, such as school records and statements from witnesses.
The court will probably ask you to enter a plea. A plea of guilty or no contest waives your right to a trial and allows the court to enter a judgment of conviction, which may carry with it other serious consequences. A plea of not guilty means that you are contesting the charge. The prosecution will have to prove its case against you in a trial before a judge or a jury.
You may also be offered something called "deferred prosecution." This means that you will make an agreement with a prosecutor and will have to meet certain requirements, like community service or classes. If you successfully complete the agreement, you will not be convicted of a crime. If you do not successfully complete the agreement you could face a conviction for the offense that you were originally charged with.
If you are found guilty, you could be forced to pay up to $500 per offense, plus court costs, and may have a criminal conviction on your record. Students who do not pay their fines could be arrested once they turn 17.