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Juvenile Defense Lawyer San Marcos — Hays County Family Court

A juvenile charge in Hays County is not a conviction — but it can become one if it is not defended correctly. Certification as an adult, determinate sentencing, and the difference between a sealed record and a permanent one all depend on decisions made in the earliest stages of the case. 20+ years San Marcos criminal defense experience. Former Travis County DWI prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

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✓ Record Sealing Evaluated on Every Case✓ Certification Defense✓ Hays County Family Court✓ Available 24/7
Litigator of the Year 2023 — juvenile defense attorney San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — juvenile defense TexasMark Hull*
National Trial Lawyers Top 100 — juvenile defense attorney San Marcos Hays CountyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor juvenile defense Hays CountyAllison Tisdale — 2022
Lawyers of Distinction — juvenile defense attorney Hays County TexasMark Hull
Criminal Defense Top 10 — juvenile defense San Marcos TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Juvenile Cases in Hays County — Why the Differences from Adult Court Matter

Juvenile cases in Texas are governed by Title 3 of the Family Code, not the Penal Code. The Hays County Juvenile Probation Department handles intake and referrals; the Hays County Family Court handles adjudication. A juvenile adjudication is not a criminal conviction in the legal sense — the court makes a finding that the juvenile engaged in delinquent conduct, and the disposition focuses on rehabilitation. This distinction matters enormously for long-term records: most juvenile records are automatically sealed when the person turns 18 or when two years have passed after the discharge of the last disposition, whichever is later, under §58.003 of the Family Code.

But not all juvenile cases stay in juvenile court. Under §54.02 of the Family Code, a juvenile may be certified to stand trial as an adult. This is a waiver of jurisdiction that transfers the case to the Hays County District Courts where the juvenile faces adult criminal prosecution, adult penalties, and an adult criminal record that cannot be sealed. Certification is sought by the prosecution for serious offenses — murder, aggravated assault, sexual assault, robbery, and certain weapons offenses. Fighting the certification is one of the most important battles in serious juvenile cases, and it requires an attorney who knows the specific factors the Family Court evaluates under §54.02(f).

For Texas State University students under 18 charged in San Marcos, there is also a parallel student conduct track at the university. Criminal and academic consequences require different strategies on different timelines. Call 737-937-5786 the day of the arrest — juvenile cases move quickly and the record consequences of the wrong disposition are permanent.

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The Juvenile Disposition Spectrum in Hays County

Juvenile dispositions range from informal adjustment to commitment to the Texas Juvenile Justice Department. Each level has different record consequences.

DispositionTypeDetailsRecord Impact
No-Bill / DismissalInformal adjustment — no referral to courtBest OutcomeHandled at intake; no courtSealable immediately
Deferred ProsecutionFamily Code §53.03 — informal supervisionInformalProbation without formal adjudicationNo adjudication • Sealable
Adjudication — ProbationFamily Code §54.04 — formal dispositionFormalSupervised probation in communitySealable at 18 or 2 yrs post-discharge
Adjudication — TJJD CommitmentTexas Juvenile Justice DepartmentCommitmentSecure facility; structured programSealable after discharge + 2 yrs
Determinate SentencingFamily Code §54.04(d)(3) — specified serious offensesDeterminantTJJD with potential transfer to TDCJ at 19May result in adult TDCJ record
Certified as AdultFamily Code §54.02 — waiver of jurisdictionAdult CourtAdult prosecution • Adult penaltiesAdult criminal record • Not sealable
Juvenile defense San Marcos — protecting juvenile record from adult criminal prosecution in Hays County Family Court

Certification to Adult Court — The Defense Battle That Determines Everything

When the prosecution seeks to certify a juvenile as an adult under Family Code §54.02, the juvenile court must hold a hearing and consider specific statutory factors under §54.02(f): the sophistication and maturity of the child; the record and previous history of the child; the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by the use of procedures, services, and facilities currently available to the juvenile court; and the seriousness of the alleged offense. These factors are evaluated through expert testimony, school records, psychological evaluations, and the juvenile’s prior history.

Certification hearings are not criminal trials, but they determine whether the juvenile faces adult criminal prosecution. The defense strategy at a certification hearing is different from the defense strategy at adjudication — it focuses on the rehabilitation prognosis, the availability of juvenile services, and the factors that weigh against transfer to adult court. We retain psychological experts, review school and behavioral records, and present a comprehensive case for keeping the matter in juvenile court when certification is sought.

For Texas State University students arrested in San Marcos who are under 18, we also evaluate the student conduct consequences simultaneously, because the academic record and the criminal record require coordinated strategies from the earliest stage.

Juvenile defense attorneys San Marcos — Mark Hull and Allison Tisdale defending juvenile cases in Hays County Family Court

How We Defend Juvenile Cases in Hays County

The goal on every juvenile case is the same: keep the matter in juvenile court, achieve the best available disposition, and protect the juvenile’s ability to seal the record.

01
Evaluate the charge and the certification risk immediately

The first question on any serious juvenile charge is whether the prosecution will seek certification to adult court. We assess the certification risk from the first consultation and begin building the record against it immediately: school records, psychological evaluation, behavioral history, and rehabilitation resources.

02
Challenge the underlying conduct evidence

A juvenile adjudication requires proof beyond a reasonable doubt that the juvenile engaged in the alleged delinquent conduct. The same defenses available in adult court — self-defense, insufficient evidence, constitutional violations — are available in juvenile court. We challenge the evidence on every case.

03
Evaluate the family violence finding in assault cases

For juvenile assault charges, the family violence finding carries the same Lautenberg Amendment federal gun ban consequences as in adult court. We challenge the family violence finding on juvenile assault cases with the same urgency as in adult proceedings.

04
Pursue the least restrictive disposition

The juvenile code’s focus on rehabilitation gives the defense an argument for less restrictive dispositions even in serious cases. Deferred prosecution under §53.03, community-based probation, and intensive supervision alternatives to TJJD commitment are all possible outcomes when the defense presents the right evidence to the Family Court.

05
Protect record sealing eligibility

The defense strategy must account for record sealing from the start. Certain dispositions and certain offense categories affect sealing eligibility differently. Determinate sentences for specified offenses may result in adult TDCJ records that cannot be sealed. We evaluate sealing implications on every disposition recommendation.

06
Address student conduct proceedings simultaneously

For students at Texas State University or other Hays County schools, criminal proceedings run parallel to student conduct proceedings. The two tracks require different strategies but consistent facts. We coordinate both from the first consultation.

Why Local Hays County Experience Matters for Juvenile Defense

Mark Hull has defended juvenile cases in the Hays County Family Court for over 20 years, with specialized criminal defense practice across Hays, Travis, and Williamson Counties. The Hays County Family Court has specific practices on certification hearings, informal adjustment procedures, and the factors it weighs most heavily in serious juvenile dispositions. That local knowledge is not something you can replicate by reading the Family Code.

Allison Tisdale prosecuted juvenile and adult criminal cases in Texas courts before joining the defense. She knows how the Hays County Juvenile Probation Department evaluates cases, what it refers versus what it adjusts informally, and how the prosecution approaches certification decisions. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including juvenile cases in Hays County.

◆ Specialized Criminal Defense

20+ years dedicated criminal defense practice across Central Texas. Mark Hull.

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases as a Texas state prosecutor. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. That changes how the prosecution values every prior negotiation.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — across all charge types and levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Juvenile Defense FAQ — Hays County & San Marcos

Common questions about juvenile cases in Texas — answered with specific Family Code citations and Hays County court details.

When a juvenile (under 17 in Texas) is arrested in Hays County, law enforcement is required to notify the parents. The juvenile is taken to the Hays County Juvenile Detention Center rather than the adult jail. Within 48 hours, a detention hearing must be held if the juvenile is held. The Hays County Juvenile Probation Department evaluates the case and determines whether to adjust it informally, refer it for deferred prosecution, or refer it to the district or county attorney for formal court proceedings. The decision made at this intake stage has significant consequences for the ultimate outcome.

No — a juvenile adjudication is a finding of delinquent conduct under the Family Code, not a criminal conviction under the Penal Code. A juvenile adjudication does not create an adult criminal record in most circumstances, and most juvenile records are eligible for sealing under Family Code §58.003. However, determinate sentences for specified serious offenses, and cases where the juvenile is certified to adult court, can result in an adult criminal record. The nature of the disposition determines the record consequences.

Yes — most juvenile records in Texas can be sealed under Family Code §58.003. Automatic sealing occurs when the person turns 19 (for most non-violent offenses where the juvenile was not transferred to adult court). Petition-based sealing is available for most other juvenile records after two years have passed since the last discharge from supervision. Once sealed, agencies must report ‘no record found’ on background check inquiries. Certain serious offenses — particularly those adjudicated under determinate sentencing — may not be eligible for sealing.

Certification to stand trial as an adult under Family Code §54.02 is a transfer of the case from juvenile court to adult criminal court. Once certified, the juvenile is prosecuted as an adult, faces adult penalties, and — if convicted — has an adult criminal record. Certification requires a hearing where the court evaluates the seriousness of the offense, the juvenile’s maturity and sophistication, prior history, and the prospects for rehabilitation through available juvenile services. We contest certification aggressively through expert testimony, psychological evaluation, and detailed presentation of rehabilitation resources.

Determinate sentencing under Family Code §54.04(d)(3) applies to certain specified serious offenses including capital murder, murder, aggravated sexual assault, aggravated robbery, and certain aggravated assault charges. Under determinate sentencing, the juvenile is committed to the Texas Juvenile Justice Department (TJJD) for a sentence that can carry over to TDCJ when the juvenile turns 19 if the TJJD determines continued confinement is necessary. This is the bridge between the juvenile and adult systems and has the most severe long-term record consequences of any juvenile disposition short of adult certification.

In Texas, there is no absolute statutory right requiring a parent to be present during police questioning of a juvenile, unlike some other states. However, a juvenile has the right to remain silent and the right to an attorney under the Fifth Amendment. Invoking these rights ends the interrogation. We always advise parents to tell their juvenile to say nothing until an attorney is present — regardless of what law enforcement says about cooperation, a statement made during interrogation can be used at adjudication and cannot be taken back.

Under Family Code §54.02, any felony offense can potentially support a certification petition if the juvenile is 15 or older and the offense is a felony. Certain capital felonies and first-degree felonies committed by a 10- or 11-year-old (homicide offenses) have special rules. Practically, Hays County prosecutors pursue certification in cases involving murder, aggravated assault with serious bodily injury, aggravated sexual assault, robbery, and carjacking. The certification hearing evaluates the statutory factors under §54.02(f) — we prepare a full evidentiary presentation to contest each one.

Call 737-937-5786 immediately. Tell your child not to make any statements to law enforcement before speaking with an attorney. The Hays County Juvenile Probation Department makes intake decisions very early in the process — the earlier we are involved, the more influence we can have on whether the case is adjusted informally, diverted through deferred prosecution, or referred for formal adjudication. The decisions made in the first 24–72 hours after a juvenile arrest often determine the entire trajectory of the case.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges and defense strategy in San Marcos and Hays County.

Criminal Defense San Marcos

Full criminal defense hub for San Marcos — all charge types in Hays County courts.

Expungement San Marcos

Juvenile record sealing and adult expungement under Texas Chapter 55.

Assault Defense

Juvenile assault charges — including family violence findings and gun ban consequences.

Theft Defense

Juvenile theft charges and the shoplifting defense in Hays County courts.

Weapons Charges

Juvenile weapons charges and certification risk in Hays County Family Court.

Hays County Courts Guide

Guide to the Hays County Family Court, Courts at Law, and District Courts.

Underage DUI Defense

DUI charges under §106.041 for minors in Hays County — zero tolerance rules.

Probation Violations

Juvenile probation violations and what happens when conditions are breached.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Hays County, Travis County, and Central Texas.

RL
Ronnicka Lopez
★★★★★
Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS
Blake Shires
★★★★★
Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH
Shawn Hallman
★★★★★
Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

Juvenile Charge in San Marcos or Hays County? Call Us Now.

The decisions made in the first 72 hours of a juvenile case determine the trajectory. Tell your child to say nothing until we speak. Call 737-937-5786 — 24 hours a day, 7 days a week.

Free Consultation737-937-5786

For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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