What If My Child Gets Arrested in Texas?

Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: September 4, 2026

If your child is arrested or taken into custody in Texas, find out where your child has been taken, avoid encouraging your child to explain the situation to police, preserve potentially relevant evidence, and contact a Texas juvenile defense attorney. Texas has specific rules governing juveniles in custody, including where children may be taken, how long they may be held in certain locations, and when their statements may be admissible.

The Situation

Your teenager was supposed to be home an hour ago.

Instead, your phone rings. A police officer tells you that your child has been taken into custody.

Maybe there was a fight at school. Maybe marijuana, THC gummies, or a vape cartridge was found in a backpack or car. Maybe your child was with friends who allegedly committed an offense. Maybe police believe your child did something that your child insists they did not do.

You may not even know exactly what happened yet.

Your first instinct as a parent may be: “Tell the police exactly what happened so they know this is a misunderstanding.”

Be careful.

A frightened teenager trying to explain a complicated situation can unintentionally make matters worse. Your immediate job is not to solve the case at the police station. It is to find out what is happening and protect your child’s rights.

What Should I Do First If My Child Is Arrested in Texas?

Start by determining:

Where is my child?
What law-enforcement agency is involved?
Why was my child taken into custody?
Who is handling the case?
Is my child being released or detained?

Write down what you are told, including names, times, locations, and instructions.

Then contact a Texas juvenile defense attorney before encouraging your child to discuss the allegations with investigators.

If your child has been taken into custody in Texas, call Dunham & Jones 24/7 at 800-499-8455 before your child answers any questions.

Where Can Police Take a Child in Texas?

Texas juvenile procedures differ significantly from the adult arrest process.

Under the Texas Family Code, depending on the circumstances, a child taken into custody may be released to a parent, guardian, custodian, or other responsible adult, or taken to an official or facility authorized by law.

A child may also temporarily be taken to a designated juvenile processing office.

Texas Family Code Section 52.025 limits the purposes for which a juvenile processing office may be used and generally prohibits detention there for more than six hours. A child detained there is also entitled to be accompanied by a parent, guardian, custodian, or attorney.

Can the Police Question My Child Without Me?

This is more complicated than many parents expect.

Parents should not assume they have an absolute right to control every interaction between their child and law enforcement.

Texas law does, however, establish important protections governing statements made by juveniles. Texas Family Code Section 51.095 establishes requirements for the admissibility of certain statements by children, including warnings concerning the right to remain silent and the right to counsel in circumstances covered by the statute.

The details matter. Where questioning occurred, whether the child was in custody, what type of statement was made, and whether statutory procedures were followed can all become important.

That is why telling your teenager to “just explain everything” may not be the safest response.

What If My Child Was Arrested for Marijuana or a THC Vape in Texas?

This is an especially important question because cannabis laws vary dramatically from state to state.

A teenager may have friends or relatives in states where recreational marijuana is legal. THC products may also be openly available for purchase in stores or online.

None of that means every cannabis product is legal to possess in Texas.

Texas law distinguishes among marijuana, certain hemp products, THC-containing products, and products authorized through Texas’s medical cannabis program. Texas law currently permits possession and purchase of consumable hemp products manufactured in compliance with state law, while unlawful marijuana possession remains a criminal offense.

The form of the substance matters.

Plant marijuana and a concentrated THC product such as some vape cartridges can implicate different provisions of Texas law and potentially very different penalties.

If your child is accused of possessing a THC vape, gummy, edible, marijuana, or another cannabis product, don’t assume the case is “just weed.” Find out exactly what police claim was possessed and how the substance was identified. Unlawful marijuana possession remains a criminal offense in Texas and, depending largely on the amount and circumstances, can range from a misdemeanor to a felony.

What If the Marijuana or THC Belonged to Someone Else?

Being near contraband and legally possessing it are not necessarily the same thing.

This issue can arise when several teenagers are riding in the same car, attending the same party, or sharing a hotel room or other space.

Who owned the product? Where was it found? Who had access to it? What did each person say? What evidence connects a particular child to the substance?

Those questions can matter. Find out what police claim your child possessed, where it was allegedly found, and whether officers say it was marijuana, a THC concentrate, an edible, or another substance. Tell your attorney exactly how police came into contact with your child and where the item was found so counsel can evaluate whether the stop, search, seizure, and arrest were lawful.

Parents should avoid conducting their own interrogation of every teenager involved. Preserve available information and let the defense attorney investigate the circumstances.

What Should I Do Right Now?

Find out where your child is and why they were taken into custody.
Do not encourage your child to explain the case to the police before obtaining legal advice. Practice ahead of time with your child the phrase, “I want a lawyer. I do not want to answer any questions.”
Write down everything law enforcement tells you.
Preserve texts, photographs, videos, location records, receipts, and other potentially relevant evidence.
Do not delete THC-related messages, photos, or social-media content because you think they look bad.
Contact a Texas juvenile defense attorney as soon as possible, ideally before your child answers investigative questions or consents to a search.

What Shouldn’t I Do?

Don’t tell your child to “just be honest and explain everything.”

Your teenager may be honest and still misunderstand a question, remember events incorrectly, agree with an officer’s characterization, or volunteer information that has legal significance.

Don’t contact everyone involved.

Calling other children, parents, or alleged victims can complicate the situation.

Don’t post about the arrest.

Your Facebook defense of your child can become someone else’s screenshot.

Don’t destroy evidence.

Deleting texts, photographs, videos, social posts, or other information can create additional problems.

What Happens Next?

The answer depends on your child’s age, the alleged offense, prior history, available evidence, and whether authorities believe detention is appropriate.

Texas generally defines a “child” for juvenile-justice purposes as someone at least 10 and under 17, with additional statutory provisions covering certain conduct committed before age 17.

The process may involve juvenile probation officials, prosecutors, detention proceedings, court hearings, and decisions about how the case should be resolved.

Serious allegations can create much more serious proceedings.

An arrest is the beginning of a legal process, not a determination that your child is guilty.

When Could the Answer Be Different?

A 12-year-old accused of a school offense and a 16-year-old accused of a serious felony may both enter the juvenile system, but their cases can look dramatically different.

The circumstances can also change when the allegation involves weapons, violence, drugs or THC concentrates, conduct at school, multiple suspects, or an allegation serious enough to raise the possibility of adult prosecution.

Frequently Asked Questions About Juvenile Arrests in Texas

Frequently asked questions about juvenile arrests in Texas.

Can my child be arrested in Texas?

Texas law allows juveniles to be taken into custody under circumstances authorized by the Family Code.

Will the police notify me?

Texas law generally requires prompt notice to a child’s parent, guardian, or custodian once the child is delivered into the juvenile intake process. The notice should tell you where the child is and why the child was taken into custody. Texas law does not establish one universal number of minutes for notification, so “promptly” can depend on the circumstances. A child held in a designated juvenile processing office generally may not remain there longer than six hours.

Can the police question my child without me?

Do not assume parental presence is required for every police interaction. Texas has specific rules governing juvenile statements and custodial procedures.

Can a teenager get arrested for marijuana in Texas?

Yes. Unlawful possession of marijuana remains a criminal offense in Texas.

What about a THC vape or edible?

The exact substance and product matter. Different cannabis products may fall under different Texas statutes.

What if the THC belonged to my child’s friend?

The State still must establish the elements of the alleged offense. Where the substance was found and what connects your child to it can matter.

Should my child unlock their phone for the police?

Phone searches raise separate constitutional issues. Do not voluntarily consent to a search of your child’s phone or tell your child to unlock it for the police. Your child can say, “I do not consent to a search. I want a lawyer.” Do not physically interfere if police seize the device, and do not delete or remotely erase anything. If officers have a warrant or claim they can compel access, let an attorney evaluate that legal authority.

Can something my child posted online be used against them?

Potentially. Children should not discuss an active criminal case publicly or on social media.

Will my child automatically go to juvenile detention?

No. What happens depends on the allegations and applicable juvenile procedures.

Should I hire an attorney if I think this is just a misunderstanding?

A misunderstanding can still produce a criminal investigation. Early legal advice can help determine what actually happened and protect your child’s rights.

Is a 17-year-old treated as a juvenile in Texas?

Usually not for a new offense committed at age 17. Texas generally treats a person who commits an offense at age 17 as an adult in the criminal justice system, even though the person is still a minor for many other legal purposes. However, juvenile courts can continue handling qualifying cases involving conduct allegedly committed before the person turned 17.

What if the police ask my child for a breath or blood sample?

Do not assume all alcohol testing is the same. A roadside breath device, field sobriety exercises, and an evidentiary breath or blood specimen after arrest can involve different legal rules. Texas implied-consent law can also create driver’s-license consequences for refusing certain post-arrest testing, and police may obtain a warrant for a blood draw in some circumstances. If possible, your child should request an attorney and avoid volunteering explanations about drinking, marijuana, THC, medication, or when something was consumed. Do not physically resist a lawful blood draw.

If your child has been taken into custody in Texas, Dunham & Jones can help your family understand what happens next and how to protect your child’s rights.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.