Your Teen Was Arrested Before the School Year: A San Antonio Parent's First 48 Hours

A call that your teenager has been arrested is every parent's nightmare — and it often lands at the worst possible time, just as the school year begins. It is tempting to believe a juvenile case is a small thing that will quietly go away. In Texas, it isn't. What you do in the first 48 hours can shape everything that follows.

The First 48 Hours Move Fast

In Texas, a child taken into custody does not sit in limbo. If your child is detained, the law requires a detention hearing quickly — no later than the second working day after the arrest, and the first working day if the arrest happens on a Friday or Saturday. At that hearing, a judge decides whether your child stays in detention or is released to you. If detention continues, the case comes back for review at least every ten working days.

That is a narrow window. Before it closes, you want:

• The names of any witnesses who were present.

• An attorney who handles juvenile cases involved before the hearing, not after.

  
  

What to Say — and What Not to Say

Your instinct will be to have your child "explain" and clear things up. Resist it. Texas has strict, specific rules about when a juvenile's statement can be used against them — and a well-meaning explanation to police can quickly become the strongest evidence in the case.

Two points every parent should know:

• You cannot waive your child's rights for them. Only the child can, and only under narrow legal conditions. Your permission does not make questioning proper.

• Declining to answer questions until a lawyer is present is not an admission of guilt. It is the smart, protective choice.

Be supportive, stay present, and let a defense attorney do the talking with police and prosecutors.

When Juvenile Court Becomes Adult Court

Most juvenile cases stay in the juvenile system, which is built around rehabilitation. Not all of them do. For serious felony charges, Texas law lets a prosecutor ask the court to "certify" a child to stand trial as an adult — as young as 14 for the most serious offenses, and 15 for many other felonies.

Certification changes everything: adult court, adult penalties, and a public record that can follow your child for life. If the charge is a serious felony, treat the case that way from day one. (For a fuller picture, see what every parent should know when a child is accused of a serious crime and our overview of the options in a juvenile case.)

If CPS Gets Involved Too

When the allegations involve a family member or the home, a criminal case can trigger a parallel Child Protective Services investigation. These run on separate tracks, and what you say in one can affect the other. Coordinate both with counsel rather than handling them on your own.

Take-Home Message

A juvenile arrest is not a minor inconvenience — it is a legal proceeding with real, lasting stakes, and the clock starts the moment your child is taken into custody. Stay calm, protect your child's right to remain silent, and get an experienced juvenile defense attorney involved before the detention hearing, not after.

To schedule a confidential consultation with a Board-certified Texas criminal law attorney, call me, Kevin Collins, at (210) 223-9480 or contact us online.