Few moments are more frightening for a parent than learning your child has been arrested and may be charged as an adult. The decision to transfer a juvenile case to adult court — known as certification — can change the entire trajectory of your child’s life. It is normal to feel overwhelmed, scared, and unsure of what to do next. Texas law gives families specific rights and specific paths to fight certification, but you have to act quickly.
At McCarty-Larson, PLLC, we represent juveniles and their families across Ellis County, Johnson County, Tarrant County, and Dallas County. With over 50 years of combined experience and backgrounds as former prosecutors and law enforcement, we know exactly how Texas juvenile certification hearings work and how to fight them.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
How Texas Juvenile Court Works
Texas treats children differently than adults in the criminal justice system. Under Texas law, a juvenile is anyone at least 10 years old but younger than 17. The juvenile justice system focuses on rehabilitation, education, and counseling rather than punishment. The Texas Juvenile Justice Department oversees most juvenile commitments, and the longest a juvenile sentence typically lasts is until the child turns 19.
That changes when prosecutors seek certification. Once a child is certified to stand trial as an adult, the case moves to the adult criminal court. The penalties become adult penalties. The conviction goes on a permanent record. The child loses the rehabilitation focus of the juvenile system and faces the same sentencing structure as anyone else charged with that crime.
What Are the Age and Offense Requirements for Certification?
Texas Family Code Section 54.02 sets specific age and offense thresholds for juvenile certification. A child cannot be certified just because the prosecutor wants it — the child must meet one of two statutory tiers.
Children at Least 14 Years Old
A child who was at least 14 years old at the time of the alleged offense can be certified to adult court only if charged with one of the following:
- Capital murder (a capital felony)
- An aggravated controlled substance felony
- A first-degree felony
This is the highest-stakes tier. Capital murder includes intentionally killing a peace officer or firefighter, killing during the commission of another felony like robbery or kidnapping, or killing a child under age 10. First-degree felonies in Texas include aggravated robbery, aggravated sexual assault, and aggravated kidnapping.
Children at Least 15 Years Old
A child who was at least 15 years old at the time of the alleged offense can be certified for any felony, including:
- Second-degree felonies
- Third-degree felonies
- State jail felonies
This is a much broader tier. It opens certification for offenses ranging from manslaughter to certain drug possession charges, depending on the specifics of the case.
What About Adults Charged With Offenses From Their Youth?
Texas Family Code Section 54.02(j) also allows certification of adults — someone 18 or older — for offenses they allegedly committed as a child. The thresholds are stricter. The person must have been at least 10 years old and under 17 at the time of an alleged capital murder or murder, or at least 14 and under 17 for certain serious felonies, with specific procedural conditions met. These cases are rare but do happen.
What Happens at a Juvenile Certification Hearing in Texas?
Certification begins when the prosecutor files a motion asking the juvenile court to waive its jurisdiction. The court then holds a formal certification hearing — sometimes called a transfer hearing or a Section 54.02 hearing.
At the hearing, the prosecution must prove two things. First, there must be probable cause to believe your child committed the alleged offense. Second, the prosecution must show that the welfare of the community requires criminal proceedings in adult court because of either the seriousness of the offense or the background of the child.
Factors the Judge Must Consider
Texas Family Code Section 54.02(f) requires the juvenile judge to consider specific factors before granting certification. These include:
- Whether the alleged offense was against a person or property, with greater weight on offenses against persons
- The sophistication and maturity of the child
- The child’s record and previous history
- The prospects of adequate protection of the public and likelihood of rehabilitation through the juvenile system
The judge typically reviews psychological evaluations, school records, family history, mental health assessments, and any prior involvement with the juvenile justice system. The hearing is not a full trial, but the evidence presented can be extensive. Hearsay is generally admissible at certification hearings, which gives the prosecution wide latitude on what to bring before the judge.
What the Defense Can Argue
An experienced juvenile defense attorney can challenge the prosecution at every stage. Common defense strategies include presenting evidence of the child’s positive background, school performance, lack of prior criminal history, mental health issues, learning disabilities, family support, and capacity for rehabilitation. A strong defense focuses on showing the judge that the juvenile system can still serve the child and that adult court is not necessary to protect the community.
What Happens If My Child Is Certified as an Adult?
If the judge grants certification, the case transfers to adult criminal court. The decision cannot be reversed. The child faces the same charges, the same penalties, and the same sentencing structure as any adult defendant.
Pre-trial detention also changes. The judge may order the child held in adult jail, though Texas law typically prevents juveniles from being housed with adults until age 17. In many cases, the child remains in juvenile detention until age 17, then transfers to adult facilities.
Sentencing differences are significant. A first-degree felony conviction in adult court carries a minimum of five years in prison and a maximum of life. There is one important protection: under both Texas law and U.S. Supreme Court precedent, no one can be sentenced to death for a crime committed before age 18, and certified juveniles convicted of capital murder face an automatic life sentence with the possibility of parole rather than life without parole or the death penalty.
Can a Certification Decision Be Appealed?
Yes, but the window is narrow. A certification order can be appealed, but the appeal must be filed promptly under Texas Family Code rules. Before 1995, juveniles in Texas had an automatic right to appeal certification decisions. That right no longer exists in the same form, and appeals are now limited and procedural.
This is why the certification hearing itself is often the last meaningful chance to keep your child in the juvenile system. Once a judge grants certification and the case transfers to adult court, the criminal court does not have the authority to send the case back to juvenile court.
Why Early Legal Representation Matters
The single most important decision you can make as a parent is to retain experienced juvenile defense counsel immediately after your child’s arrest. Certification motions can be filed quickly, and the certification hearing often happens within weeks of the initial detention hearing. Families who wait until after a certification decision to hire an attorney may have already lost their best opportunity to keep the case in juvenile court.
Our Texas juvenile defense lawyers handle certification cases throughout the McCarty-Larson service area. We work with psychologists, education experts, and rehabilitation specialists to build the strongest possible case for keeping your child in the juvenile system. For more on the broader process, see our companion posts on what happens after a juvenile arrest in Texas and what to expect during a juvenile crime trial in Texas.
For the full statutory text of Texas Family Code Section 54.02, see the Texas Family Code on the Texas Legislature website.
How McCarty-Larson Can Help
If your child is facing the possibility of being tried as an adult in Texas, attorneys Robin McCarty and Bria Larson have the experience and knowledge to help. With over 50 years of combined experience and backgrounds as former prosecutors and law enforcement, the team at McCarty-Larson, PLLC understands how Texas certification hearings work and how to fight transfer to adult court.
- Aggressive representation at certification hearings under Texas Family Code Section 54.02
- Investigation and challenge of the prosecution’s probable cause showing
- Coordination with psychologists and rehabilitation experts to build the strongest defense
- Mitigation strategy focused on the child’s background, maturity, and rehabilitation potential
- Defense at every stage from initial detention through trial and sentencing
- Representation across Ellis County, Johnson County, Tarrant County, and Dallas County
Time is critical when your child is facing certification. Contact McCarty-Larson, PLLC today at (972) 775-2100 for a free, confidential consultation. Our Texas juvenile defense lawyers are ready to stand by you every step of the way.
Frequently Asked Questions: Certification and Transfer
Under Texas Family Code Section 54.02, a child as young as 14 can be certified to adult court if charged with capital murder, an aggravated controlled substance felony, or a first-degree felony. A child 15 or older can be certified for any felony, including second-degree, third-degree, and state jail felonies.
The most common offenses leading to certification are capital murder, murder, aggravated robbery, aggravated sexual assault, aggravated kidnapping, and serious drug offenses. Any first-degree or capital felony allegation against a 14-year-old can trigger certification. Any felony allegation against a 15- or 16-year-old can trigger certification.
No. Once a juvenile court grants certification and transfers the case to adult criminal court, the decision is final. The criminal court cannot send the case back to juvenile court. A limited appeal is possible, but it must be filed within the statutory deadline. This makes the certification hearing itself the most important stage of the case.
Frequently Asked Questions: The Hearing and Defense
The judge hears evidence from both sides, reviews psychological evaluations and the child’s history, and decides whether to waive the juvenile court’s jurisdiction. The prosecution must show probable cause and that the community’s welfare requires adult prosecution. Hearsay evidence is generally admissible. The hearing is not a full trial but can be lengthy and evidence-heavy.
No. Both Texas law and U.S. Supreme Court precedent prohibit the death penalty for any offense committed before age 18. A certified juvenile convicted of capital murder faces an automatic life sentence with the possibility of parole rather than the death penalty.
Certification motions can be filed within days of the initial detention hearing, and the certification hearing itself often happens within weeks. This is why retaining experienced juvenile defense counsel immediately after arrest is critical. Families who wait may lose their best opportunity to fight certification.