Tag Archives: juvenile crimes

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

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The Difference Between a Delinquent Offense and a Status Offense

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A person who is 17 years old or younger is considered a minor under the law. When a minor is arrested on the suspicion of committing a crime, their offense can be placed into one of two categories: delinquent offenses or status offenses. Continue reading to learn the difference between the two types of juvenile offenses, and what to do if your kid was recently arrested on criminal charges.

Juvenile Criminal Lawyer 317-636-7514

Indianapolis Juvenile Criminal Lawyer 317-636-7514

Status Offenses

Status offenses are any crimes that can only be committed by a minor. The most common examples of status offenses include running away, truancy (skipping school), curfew violations, underage drinking, underage smoking, and underage driving.

Delinquent Offenses

In contrast to status offenses, delinquent offenses can be committing by persons of all ages and genders. Some of the most common examples of delinquent offenses in juvenile court include shoplifting, theft, battery, assault, fraud, unlicensed driving, uninsured driving, drug possession, trespassing, and vandalism.

Sentencing a Minor

If a minor commits an offense, their case will be brought forth in juvenile court. Sometimes, minors do not have to go before a judge, and instead, are entered into an alternative probation plan with the prosecuting attorney. Other times, a judge will oversee the case and hand down a sentence. Judges have the discretion to sentence minors convicted of status offenses to probation or to the Department of Corrections. They may also order a minor to complete certain orders like counseling, community service, life coach meetings, mentorship programs, or school. They can also decide to close the case.

Get Professional Legal Help

If your child or adolescent was recently arrested, it is in the best interest of your family to retain a licensed and qualified Indianapolis juvenile criminal defense lawyer who can protect your child’s rights and preserve their freedoms. Fortunately, a juvenile defendant has a lot of rights in court. Learn all of them and more from your trusted criminal defense team.

Indianapolis Juvenile Criminal Defense

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 in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. We work around the clock to ensure your rights are protected and your freedoms are preserved. You CAN avoid the maximum penalties for your charges with our aggressive legal representation. Call 317-636-7514 to get started, today.

FAQs About Juvenile Criminal Law

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Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

When children are in trouble with the law, they are sent through the juvenile court system. During this time, parents are reeling with questions and concerns regarding their minor’s future and freedom. If your teenager is currently facing criminal charges, you are likely to be full of questions too. Continue reading to learn the answers to the most frequently asked questions about juvenile law and the juvenile court system.

Frequently Asked Questions

What is Juvenile Court?

Because juvenile crimes are handled differently than adult crimes, they require a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes.

Who are Juveniles?

Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Do Juveniles Have a Right to a Trial Jury?

In adult criminal court, the United States Constitution gives you the right to a trial jury. However, in juvenile court, this right is not usually granted. Some states do allow it, including Kansas and New Hampshire.

Do Juveniles Get an Attorney?

If we lived prior to 1964, a juvenile could not have an attorney represent their case in court. However, in the 21st century, juveniles are given the right to an attorney, and even given to opportunity to free counsel from a public defender.

Can Adults Be Charged for a Crime They Committed as a Minor?

This is not very common, but it can happen. It usually happens for very serious offenses, such as rape, armed robbery, and other violent crimes. It depends on the age of the offender when the crime was committed, the type of crime committed, the current age of the offender, and more.

How Long Can Juveniles Be Sentenced to Detention?

Just like adult criminal court, the length of time a juvenile will spend in detention depends on the severity of the crime and their criminal priors. There is no limit or typical sentence, but for major crimes, sometimes juveniles are transferred to an adult penitentiary once they reach 18 years old.

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.

Options for Police When Children Commit Crimes

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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.