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The 6 Stages of an Indiana Juvenile Case

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When your child is facing charges in the juvenile court system, your mind is full of questions. By learning what to expect from the juvenile court process, you can feel more at ease and be better prepared with the proper legal defense. Continue reading to learn the 6 stages of a juvenile case in Indiana, and who to trust for skilled criminal defense for minors in Indianapolis.

Juvenile Criminal Defense Indianapolis Indiana
Juvenile Criminal Defense Indianapolis Indiana 317-636-7514

Hire a Juvenile Defense Lawyer

Child arrests are never easy, even if your child is merely weeks away from turning 18. So, when they happen, your first priority should be to hire a licensed criminal defense attorney who is well-versed and experienced in juvenile cases. They can help navigate you every step of the way and provide a pillar of support throughout the whole process. From the detention hearing to the final review hearing, your juvenile defense lawyer will ensure your child’s rights are protected and their freedoms preserved.

Juvenile Justice System Process in Indiana

Although the stages of your juvenile’s case will vary depending on several factors, such as the scope of the offense and the presiding jurisdiction, the possible stages your child will experience in the Indiana juvenile justice system process are the detention hearing, initial hearing, waiver hearing, fact-finding hearing, dispositional hearing, and review hearing.

Detention Hearing

The detention hearing is the very first appearance in juvenile court. It usually takes place within the first 48 hours following an arrest, but not including weekends or holidays. At this hearing, a judge will determine whether the juvenile must remain in custody of the detention facility or if they can go home. This hearing is an opportunity for your child’s criminal defense attorney to present the wishes of the child to the judge and confirm who will be responsible for supervising the child while released from juvenile detention custody.

Initial Hearing

The initial hearing comes next, which is the court appearance in which the child is read their official charges. It is vital that your juvenile has a reputable criminal defense attorney present at this initial hearing.

Waiver Hearing

A waiver hearing is not always part of the juvenile justice system process. It only takes place if the prosecutor requests that the juvenile case be transferred to an adult court, therefore having the child tried as an adult.

Fact-Finding Hearing

The fact-finding hearing is held to allow witness testimonies, cross examination of witness and the accused, and for the defense attorney to present evidence in support of the child’s benefit. At the conclusion of this trial, the judge will determine if the child has in fact done something wrong. If the judge decides the child is innocent, or not liable for the offense, the case is over and the child walks, penalty-free.

Dispositional Hearing

A dispositional hearing is only held if the judge concludes that the child has done something wrong or broken the law in some way. At this hearing, the judge will decide the appropriate penalties or punishment for the child’s offense. Generally, this includes probation, community service, fines, restitution, mandatory school attendance, treatment, and counseling. In worst case scenarios, the judge will order the child to juvenile detention.

Review Hearing

A review hearing is held every 6 months, until the probation period is completed in full and as ordered. This hearing is used to check on the child’s progress while on probation.

Was your child recently charged or accused of a crime? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled juvenile criminal defense in Indianapolis, Indiana. Schedule your consultation over the phone, via online video conference, or in person at our office.

You Should Also Read:

Important Laws That Pertain to Parents of Teenagers
Is My Child Charged With a Delinquent Offense or Status Offense?
What To Do After Your Child is Arrested

Indianapolis Criminal Defense 317-636-7514
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Can a Cop Arrest a Kid?

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Most might laugh at the idea of a police officer handcuffing and detaining a kid. But the truth is, “kids” are arrested every day, and for a wide range of criminal infractions and offenses. The key here when answering the question of legality is your definition of “kid.” A kid can be both a minor and a juvenile, depending on their age. Once you know which legal categorization applies to your children, you can better understand which types of criminal penalties they might face in the case that they are caught breaking the law.

Continue reading to learn the difference between a minor and a juvenile, and whether or not a cop can arrest them in Indiana.

Juvenile Criminal Lawyer
Juvenile Criminal Lawyer 317-636-7514

Minor vs. Juvenile

A minor is any person that is prohibited to perform a certain activity, such as driving a car, voting, and drinking alcohol. For instance, a person under the age of 21 is a minor when it comes to alcohol consumption, but not for smoking or voting, and a person under the age of 18 is a minor when it comes to smoking or voting. In contrast, juveniles are specifically persons between a certain ages. So, a minor can also be a juvenile.

State Laws for Minors and Juveniles

Minors can be anyone between the ages of 16 years old and 21 years old, depending on the law in question. So yes, cops can and will arrest minors if they are caught breaking the law. The type of court system they are tried in will depend on whether or not they are under or over 18 years old. For instance, if a 17 year old is caught smoking and in possession of cigarettes, they can face criminal charges in the juvenile court system. If a 20 year old is caught consuming, buying, or intoxicated on alcohol, they will face charges in the adult court system.

Juveniles

Juveniles between the ages of 11 and 17 years old can be arrested by a police officer if they are caught breaking the law. Every state has their own set of laws surrounding criminal procedure and penalization of juveniles, but all juveniles are generally tried in juvenile court. For teenagers that are close to the age of 18 and have committed serious crimes, such as murder, they will likely be tried as an adult. There are various factors that influence the judicial course of action for a juvenile, which is why it is imperative to speak with a licensed Indiana criminal lawyer who can educate you on your child’s case and best strategies for defense.

Children Under 10 Years Old

If a child under the age of 10 years old commits a crime, they are not tried in the juvenile court system. Instead, they are entered into a state-run or government-administrated social services program. Here, they are evaluated and rehabilitated by professionals in the social service and child care industries. See our blog, “Do I Need an Attorney if My Kid is Arrested?” for help with legal guidance regarding children.

Juvenile Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child has been charged with a crime in Indianapolis or anywhere else within Central Indiana. Our law firm offers aggressive and experienced criminal defense for juveniles and minors who are facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Is My Child Charged With a Delinquent Offense or Status Offense?

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When a child under the age of 18 years old is arrested or breaks the law, they are entered into the juvenile court system. There, they will face a series of legal procedures, obligations, penalties, and ultimately, a conviction. Their conviction, however, largely depends on whether they are charged with a delinquent offense or a status offense.

If your child was recently arrested, it is important to learn the difference between the two types of offenses. Not only can this help you better understand what to expect from the juvenile court proceedings, it can also help you protect your child from future brushes with the law.

Continue reading to learn the difference between a delinquent offense and a status offense.

Juvenile Crime Lawyer 317-636-7514
Juvenile Crime Lawyer 317-636-7514

Status Offenses

Status offenses are special because they can only be committed by people of a certain status. This does not mean wealth or intellect; instead, it refers to age. A status offense is only illegal for those who are underage, also known as minors. A minor is someone that is not old enough to partake in a certain behavior or action.

For example, a person under 16 years of age cannot operate a vehicle, a person under the age of 18 cannot smoke or purchase cigarettes, and a person under the age of 21 cannot consume nor purchase alcohol. All three of these individuals are considered “minors”, which means they would commit a status offense if they are caught partaking in any of the actions just mentioned.

Additional Examples of Status Offenses:

✤ Truancy

✤ Curfew Violations

✤ Running Away From Home

Delinquent Offenses

Delinquent offense are different from status offenses, primarily because they are crimes that can be committed by individuals of any age. Basically, both minors and adults can commit delinquent offenses. Examples of such crimes include shoplifting, operating a vehicle without a license, drunk driving, fraud, assault, vandalism, and any other action that is against state and federal laws. Minors who commit delinquent offenses are more likely to face harsher penalties.

Most often, less serious cases will result in an informal plan of probation; but more serious offenses can lead to a minor having to go before a judge and being sentenced to a juvenile detention center. If a minor is near 18 years old and commits an egregious crime, such as murder, they may be prosecuted as an adult. Check out our recent blog, “How Does the Juvenile Court System Work?” to learn more about juvenile court.

Who to Talk to About Your Child’s Case

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your child’s criminal charges. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal lawyer, today.

How Does the Juvenile Court System Work?

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If your minor child is in trouble with the law, both of you can expect to endure a mandatory series of legal obligations in the juvenile court system. Continue reading to learn more about minors who break the law, and what the juvenile courts are like.

Juvenile Criminal Defense

Indianapolis Juvenile Criminal Defense 317-636-7514

Minors vs. Juveniles

You may be confused by the terms, “minors” and “juveniles” since they are very similar in meaning. Basically, a minor is anyone who is prohibited from certain activities due to their age. This includes consuming alcohol, smoking cigarettes, driving a car, voting, and similar activities. For example, a person who is under the age of 21 is considered a minor in the eyes of the law.

In contrast, the term “juvenile” is more specific. A juvenile is anyone between the ages of 10 and 17 years old, and who has not been emancipated from legal guardians. When a person turns 18, the law deems them a legal adult, however, they can still be a minor, as shown in the example before. Children under 10 years old are not tried in the juvenile court system if they commit a crime. Instead, they are enrolled into a state social services program to be evaluated and rehabilitated by professionals.

Juvenile Court Facts

After committing a crime, a juvenile will be detained in a state or county juvenile detention center, much like a county jail. Their experience from there will depend mostly on the type of crime they are charged with, as well as, various other behavioral and historical factors. When referred to juvenile court, a couple different situations can occur. A juvenile may enter into an informal deal that includes probation rather than seeing a judge; or they may have to go in front of a judge, who in turn, may dismiss their case, order them to probation, or send them to the Department of Correction.

Judges also have the discretion to order juveniles to additional mandatory terms, such as therapy, community service, mentoring, life coaching, school, drug rehabilitation, or admittance into an in-patient psychiatric facility. In fact, it is very common for judges to use these additional penalties in juvenile criminal cases.

Your Child’s Rights

In the juvenile court system, a child has several rights. They include, but are not limited to:

✦ The right to a lawyer or public defender;
✦ The right to know the date and time of all hearings;
✦ The right to attend all hearings;
✦ The right to know what information the judge has on their case;
✦ The right to question witnesses;
✦ The right to know the criminal charges against them;
✦ The right to refuse to tell anyone, including the judge, what happened;
✦ The right to give the judge information, have other people give information, and then make arguments;
✦ The right to make the state prove the case against them;
✦ The right to have a trial within 20 days if held in custody, or 60 business days if released;

Indiana Juvenile Criminal Defense

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

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your juvenile’s criminal case with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your juvenile’s rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!