What goes into the decision to charge a child as an adult?

Added: 2026-05-19

[00:00:00]We would like to bring you some legal insight from attorney Pedro Vilobos who works for the law firm Kofheer and Connelly. Pedro, welcome to our show.

[00:00:08]Thanks for being with us.

[00:00:09]>> Thank you.

[00:00:10]>> So, let's begin by uh just talking about under Texas law, when can a juvenile be charged as an adult?

[00:00:17]>> Great question. Under Texas law, a juvenile can be charged as an adult um depending on the type of crime, but it depends on the age of the juvenile for juveniles 14 years of age or older can be charged as adults for certain crimes.

[00:00:32]And juveniles 15 year 15 years of age or older can also be charged with certain uh types of crimes as an adult. So, it depends on the age of the juvenile and it depends on the type of charge that they're facing.

[00:00:42]>> Now, we just mentioned a few moments ago that charges in this particular case are pending. We'll expect more updates about that. But with these allegations involving several shootings and uh firearms as well, is this the type of case where prosecutors may push for adult charges?

[00:00:57]>> I definitely think that it's going to be something that prosecutors are going to consider. However, I don't know if it'll if it'll happen. The last time a juvenile was certified as an adult in Travis County was roughly over two decades ago. So, it's been quite some time that that has happened here in Travis County. I don't expect that to happen here, but again, it's going to be up to the prosecutors to make that decision.

[00:01:19]>> So, it seems pretty rare then that they would do that.

[00:01:22]>> It's very rare. And the reason that it's rare is because when you certify a juvenile as an adult, you're asking the juvenile court to relinquish its jurisdiction and transfer jurisdiction to an adult court, which carries some grave consequences for the juvenile.

[00:01:37]talk about what the difference are differences are when a case um unfolds and happens in juvenile court versus adult court.

[00:01:45]>> Yeah. So the main difference is that once a juvenile gets transferred into adult court uh they're facing the same ramifications that anyone 17 years of age or older would face. So they would be facing the same maximum punishment, the same maximum fine. They would also be facing probation if that's on the table as well as opposed to in the juvenile system. In the juvenile system, uh the focus is different. In the juvenile system, uh there's two considerations. One, rehabilitation, and second, what's in the best interest of the child, which is the standard that juvenile court follows. What is in the best interest of the child?

[00:02:20]>> Certainly some good insight with that, too. But, um, politics are obviously getting injected into this particular case at the moment. Governor Abbott put out on social media calling on the district attorney and the court itself to keep these suspects in custody. um how much does that additional scrutiny from someone say like the governor affect what could happen? Does it much have any effect at all?

[00:02:43]>> Yeah, a prosecutor I used to be a prosecutor as well. I used to be a juvenile prosecutor. Um one of our guiding principles is that we seek justice not convictions. Uh my hope is that the prosecutors in this case are going to keep focused on the facts of the case and what's before them and don't let politics uh come creeping into their case. At the end of the day, I think what's important here is to for us to figure out how did these kids get access to these guns and what are the underlying causes uh that led these kids to believe that their actions were appropriate. That should be the focus moving forward.

[00:03:13]>> Of course, we have so much more coverage about this particular series of shootings, but uh Pedro Via Lobos, we appreciate you yet again coming in here and sharing this insight. Thanks so much.