Can a Cop Arrest a Kid?

Posted on October 4, 2019 by admin

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.

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!

Do I Need an Attorney if My Kid is Arrested?

Posted on September 16, 2019 by admin

When an adult is arrested, most of us know the basic process of detainment, arraignment, bail bonds, probation, and more. But what happens when a child is arrested? Continue reading to learn what you need to know about arresting minors and juveniles in Indiana.

Juveniles vs. Minors

If you have kids, it is important to know the difference between a minor and a juvenile, because they are not the same. A minor can be both a person and a kid, whereas a juvenile is always a kid. You see, anyone who is prohibited from certain activities due to their age is considered a minor. If a person is 20 years old, they are minor when it comes to consuming alcohol or entering a bar. Accordingly, a person is a minor at 17 years old because they cannot legally smoke or purchase cigarettes nor vote. Similarly, a person who is 23 years old can also be a minor since they are not qualified to rent a car until they are 25 years old.

In contrast, a juvenile is anyone between the ages of 10 and 17 years old, and who has not been emancipated from legal guardians. If a child has been emancipated at 16 years old, they are considered a minor, not a juvenile. Once a person turns 18, the law deems them a legal adult, so they are not a juvenile anymore, but they are still a minor in terms of other laws.

Arresting Juveniles and Minors

If a juvenile between the ages of 10 years old and 17 years old commits a crime, the outcome largely depends on the discretion of the arresting officer. All law enforcement officials have their own way of dealing with juvenile crimes. In some cases, cops will simply detain them and call their parents to have them picked up, or give them a ride home in the squad car, handcuffed, to teach them a lesson.

Other times, cops give juveniles on-the-spot counseling and then release them back to parents after a time-out period. In more serious cases, a juvenile is transported to a juvenile detention center where they will await their arraignment. Police discretion mostly depends on a child’s age, the seriousness of the crime, and the parent’s ability to take over.

Criminal Defense for Juveniles

When it comes to retaining a criminal defense lawyer for kids under the age of 17 years old, it all depends on the situation. You see, 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. You may still need a lawyer in this case to protect your rights and get the best outcome possible for your case.

Kids who are tried in the juvenile court system can face a wide range of sentences and subsequent penalties, such as court-ordered therapy, community service, behavioral rehabilitation, house arrest, probation, special schooling, and in serious cases, live-in juvenile schools or detention camps. In the most serious cases, a juvenile can be tried as an adult in the adult criminal court system. For this reason, it is quite necessary to retain professional legal counsel in order to obtain the best possible outcome for your case.

It is important to remember that juveniles do not have a right to bail like adults do. In the case that your juvenile is detained at a juvenile detention center, they will be given a phone call, but they will remain there until their court arraignment. This hearing is generally scheduled within the first 24 or 36 hours of arrest, and will involve a judge deciding whether or not to release the defendant or sentence them to one or more of the above-mentioned penalties.

If a minor 18 years old or older is charged with a crime, they will be charged as an adult because, as mentioned, the law deems a person a legal adult at the age of 18 years old. In this case, it would be vital for anyone of this age to retain proper criminal defense to avoid the maximum penalties for their charges.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

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

Posted on December 21, 2018 by admin

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.

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

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.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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