Options for Police When Children Commit Crimes

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

When a person who is 18 years of age or older is caught committing a crime, police will arrest them, detain them, and then take them into custody. Adult offenders are generally brought to a county jail, booked, and then given an opportunity to post bail once it is set by a judge. As for children who commit crimes, they are not always arrested, but if they are, they do not have the right to bail as adults do. Instead, a separate set of guidelines are in order for juvenile crimes and arrests.

Continue reading to learn which options police officers have when they are confronted with children who disobey the law and how they choose which one to use.

Detention and Penalties for Children

When a child is caught disobeying the law, a police officer has a few choices. His decision will depend on several factors, including the child’s age, the severity of the crime, the family’s ability to take over, and more. Here are 3 options a police officer has when faced with juvenile crimes:

❶ On-Site Counseling and Release

A police officer may decide that a child simply deserves a stern lecture and kind counseling as a penalty for their crime. For children who are young or have committed a minor infraction, such as j-walking or trespassing, a cop can decide to counsel a child at the scene, give them a lecture about making good choices and the consequences of poor choices, and then release them back into the streets. They choose this route with children who seem capable of reasoning and agreeable to discussion, and who is not a danger to themselves or others.

❷ A Ride Home in a Squad Car

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

An officer may decide to give the child a ride home in the back seat of their squad car as a penalty. They will choose this avenue for a few reasons. For instance, they may choose this option if they believe releasing the child is necessary, but releasing them back into the streets would not be safe or in the child’s best interest. Not only does this option provide safety, it also teaches children a lesson. A ride in a cop car is serious, but showing up at home with a police officer is even more distressing. The officer will up the penalty by discussing the circumstances with the parents, who can then decide on
a proper remedy for their child.

❸ A Trip to the Police Station

If a minor’s crime is more severe, and does not fit the terms for a “catch and release” form of punishment, like the two mentioned above, a police officer will transport the minor to the police station. There, the juvenile will be detained in an office-like setting, but sometimes police may place them in a cell by themselves if a minor is being uncooperative. What happens next primarily depends on the circumstances and guardianship of the child. Usually, the child is detained at the station until the parents come to pick them up. For children who do not have available or adequate family members, they are placed into the custody of child protective services. But for more serious crimes, minors are placed in lock-up and charged accordingly.

Indianapolis Criminal Defense for Minors

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can a Security Guard Arrest Me?

The basic job description of a security guard is to observe, monitor, guard, and patrol a premises in order to prevent crimes and violence. Although arrests are not mentioned in their general job description, security guards can make arrests, or rather, detainment’s, but not in the same way as police officers can, and only under certain circumstances. Continue reading to learn more about security guards and the limits of their arresting authority.

The Job of a Security Guard

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Here are the general duties required of a security guard:

• Patrol and guard commercial premises;
• Prevent unlawful intrusions or trespassing;
• Circulate among patrons to maintain order;
• Write reports of daily activities and indiscretions they observe;
• Answer to and investigate sounded alarms;
• Monitor and authorize the coming and going of employees and patrons;
• Contact police or fire department in the case of emergencies and when crimes occur;
• Answer phones and take messages after-hours, or when switchboards are turned off;
• Operate detecting devices on patrons and employees to prevent unauthorized passage of materials into restricted areas;

Citizens Arrests

As you can see, a security guard has a lot of authority in terms of guarding and protecting, but their authority to arrest a person is limited. They are a private citizen just like the rest of us, just in uniform. So they cannot actually arrest a person like police can, but they do have the right to make a citizen’s arrest, just as we all do. However, a citizen’s arrest can only take place under certain, specific circumstances.

In contrast to police, who can arrest anyone they choose to arrest as long as they have reasonable cause to believe that person committed a public offense, security guards can only restrain and detain a person by citizen’s arrest if: 1) the offender committed a felony, or 2) the offender attempted to commit, or did commit, a misdemeanor in their presence. In the case of a felony, the offense must have actually been committed for a security guard to make a citizen’s arrest. In the case of a misdemeanor or infraction, the crime must have been made or attempted in the presence of the security guard.

On top of these circumstances, a security guard must also verbalize specific information to the offender while making the citizen’s arrest. This includes clearly explaining to the person that they are being arrested, why they are being arrested, and their authority to make the arrest. These are colloquially referred to as the magic words that must be used for a lawful citizen’s arrest. And the last stipulation for a security guard who makes a citizen’s arrest is to contact the police immediately after apprehending an offender and turn them over.

Indianapolis Criminal Defense Law Firm

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to speak with an experienced Indianapolis criminal defense lawyer who cares about your rights and your freedom. Our criminal defense law firm offers free initial consultations to discuss your criminal charges and the best strategies for avoiding the maximum penalties for them. Call 317-636-7514 to get started, today.

What to Do if Immigration Police Show Up at Your Door

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

Indiana Criminal Defense 317-636-7514

Indiana Criminal Defense 317-636-7514

The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

The Penalties for Getting Caught With Marijuana in Indiana

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Although there has been a rising trend of legalizing certain forms of marijuana possession, use, and cultivation throughout the country, Indiana is not a state that has joined in with the rest. Marijuana laws are still in full-effect, which means the possession, use, and cultivation of marijuana is still very-much illegal in all senses. If you are caught breaking any drug possession laws for marijuana, you are bound to face penalties. Continue reading to learn what you can expect if you are facing marijuana possession charges in Indiana.

Indiana Marijuana Laws

Under Indiana criminal law, marijuana also includes hash and hash oil. The legal ramifications you face depend on the amount of marijuana you are caught with, and your intended use. Penalties are harsher for those who intend to sell or distribute marijuana, rather than those who only intend to use it for personal use. Then there are several enhancements that can increase the penalties you face for possession of marijuana. Common enhancements factored into drug possession penalties include priors, manufacturing, within 500 feet of school grounds or school bus, in the presence of children, dealing to minors, and more. If any of these factors are true of your crime, penalties will likely be more severe.

Under 30 Grams of Marijuana =

‣ Class A Misdemeanor
‣ Up to 1 Year in Jail
‣ Up to $5,000 in Fines

Over 30 Grams of Marijuana =

‣ Level 6 Felony
‣ Up to 3 Years in Prison
‣ Up to $10,000 in Fines

Enhancements and Conditional Discharges

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

If certain enhancements apply, including intent to sell and distribute, charges can be increased to Level 5 felonies, which are punishable by up to 8 years in prison and $10,000 in fines. If a person is caught for the first time with marijuana, they may be eligible for “conditional discharge”, which is basically a “free pass” on a marijuana charge. Upon conditional discharge, an offender is usually ordered to perform other forms of penalties, including supervised probation, random drug screening, community service, and fines.

Marijuana charges are not simple. They vary from case to case, and can be quite complex. For this reason, it is vital to hire an experienced Indianapolis criminal defense lawyer if you are facing marijuana charges in Indiana. They have the knowledge and resources necessary to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis IN

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing drug charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our criminal defense law firm offers free initial consultations to discuss the best strategies for defense. Call 317-636-7514 to schedule yours, today.