Tag Archives: juvenile criminal cases Indiana

Will My Kid Be Tried in Adult Criminal Court?

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Although your teenager is still juvenile under the eyes of the law, they may not be tried as one if they are charged with a crime. Sometimes, juveniles end up in adult criminal court, where penalties are more severe and longer-lasting. If your kid has just been arrested and charged with a criminal offense in Indiana, you may wonder if they will be tried as an adult or a juvenile.

Continue reading to learn the top three ways a juvenile is tried in adult court and how to protect your child from receiving the maximum penalties for their Indiana criminal charges.

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

Juveniles 16 Year of Age or Older May Be Tried as an Adult

Although a juvenile is a minor under 18 years old according to both Federal and state laws, in criminal cases, teenagers between the ages of 16 and 17 years old are those who would typically be considered for adult court; but only under specific circumstances.

Even the Supreme Court recognizes that juveniles are not yet matured, and do not retain the proper emotional intelligence or impulse control to fully understand the wrongfulness of their crimes, nor the foreseeable consequences.

For this reason, there are juvenile courts that are specifically tailored to juvenile criminal cases and juvenile rehabilitation. However, there are ways for prosecuting attorneys to treat juveniles like adults in adult criminal court.

A prosecutor’s office has three methods of doing this:

❶ Direct File – They can seek to directly file the juvenile in the adult court, which does not require any sort of juvenile court hearing for approval, nor does the judge have any say-so in the prosecution’s decision. In order for prosecution to directly file a juvenile’s criminal charges in adult court, the criminal charge must fall under IC 31-30-1-4. Examples of charges on this list include attempted murder, murder, rape, kidnapping, robbery with a deadly weapon, robbery that causes serious bodily injury, and carrying a gun at school without a license.

❷ Waive to File – IC 31-30-3 allows prosecution to seek to waive charged juveniles to adult court. This differs from a direct file procedure because the motion must be filed and adjudicated in juvenile court first. Also, judges to have discretion in the decision. The 3 kinds of waivers include Discretionary, Presumptive, and Mandatory waivers. The waiver chosen depends on the age and nature of criminal charge.

❸ Prior Successful Waiver/Subsequent Felony Charge – A prior successful waiver and subsequent felony charge is the third method of bringing charges against a juvenile offender in adult court, which is allotted under IC 31-30-1-2. If the juvenile is charged with a felony but was previously waived to adult court for a prior charge, prosecution will automatically file their new charges in adult court. However, if the juvenile’s new charges are on a misdemeanor level, and they were previously waived to adult court on felony charges, they will NOT automatically be turned over to the adult criminal justice system.

Hire an Indiana Criminal Lawyer for Superior Legal Protection

This information and Indiana Codes are confusing to anyone who is not well-versed in state and federal criminal law. It is vital to discuss all of your criminal charge and conviction concerns with an experienced criminal defense lawyer in Indianapolis. They have the knowledge and resources to navigate your kid’s criminal defense in a direction that minimizes their charges and subsequent penalties.

Are you looking for an aggressive and skilled criminal defense law firm for your daughter or son’s Indiana or federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 for professional criminal defense in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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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.

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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!

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.

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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!