Can My Teen Be Arrested for Running Away?

Posted on June 15, 2022 by admin

As kids, many of us threatened to run away from time to time when displeased with our parents. But when does an innocent threat or pretense of running away from home cross the line into something more serious, possibly consequential? For teenagers, running away from home could inflict legal penalties, while parents may face certain liability.

Continue reading to learn the potential consequences for teenagers who run away from home, plus what to do if you or your teen are facing criminal charges as a result.

Juvenile Delinquency Lawyer Indianapolis Indiana 317-636-7514

Who Gets in Trouble for Running Away?

A runaway is a minor person under the age of eighteen years old who has fled their legal or temporary residence without parental or custodial permission. Although most states do not impose any sort of criminal penalties for parents or minors in the case of running away, there could still be legal consequences for both. Along with parents and guardians, any adult, relative or not, who houses or hides a runaway will face criminal charges in all states. So, all parties can face legal consequences or liability for a runaway.

Legal Consequences for Runaways

Parents are legally responsible for their minor children. For instance, parents cannot allow their children to miss too many days of school, whether their children live with them or not. If a child were to accrue compounded absences from school, their parents or legal guardians would be held responsible under truancy laws. Truancy is a status offense. In the case of a runaway, parents would need to contact the school every day to report that their child has still not returned to avoid being held responsible for their kid’s truancy.

Status Offenses

A status offense is only illegal for those who are underage, or minors. A minor is someone that is not old enough to partake in a certain behavior or action, which means a 20 year old is a minor. 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. These are all examples of minors. Juveniles are between the ages of 10 and 17 years old.

Running away from home as a minor is considered a status offense. Along with truancy and running away from home, teenagers can also get in trouble for curfew violations. Curfew violations are another type of status offense.

Another common status offense among teenagers is the act of being “ungovernable” or beyond the control of their parents or guardians. This can actually be used as a defense for parents who are facing liability for their teen runaway. They can claim that they cannot control the actions of their teenager, and therefore cannot enforce their attendance in school or an alternative program.

Penalties for Running Away From Home

The legal penalties for running away from home will depend on various factors, from the runaway’s track record to their current living situation and everything in between. In most cases, both parents and teenager are ordered to attend counseling and educational programs but may also face fines and restitution. Teenagers who are licensed drivers may have their license suspended temporarily and might be ordered to complete community service hours. In serious scenarios, the teenager may be placed with a temporary guardian.

Typically, when police catch a runaway, they just give them a ride home or convince the parents/guardians to let the teenager stay a friend’s house for the night. In other cases, police may detain the teenager temporarily at the juvenile center while making arrangements for them to go home or to a friend’s house, or to charge them with a status offense. Sometimes, they will take them to a nearby shelter for homeless youths.

Where to Get Help

If your child runs away from home, contact the police right away and make a report. The police department will submit your child’s full name and physical description into the National Crime Information Computer (NCIC).

The National Runaway Safeline (NRS) is a safe communication resource for homeless and runaway youths. They provide free advice and referrals to local resources for runaways and guardians. NRS is available in all 50 states.

Is your minor child facing criminal charges after running away from home in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What to Expect From Juvenile Court

Posted on February 8, 2022 by admin

A person is legally deemed a juvenile if they are under the age of 18. Although juveniles are also referred to as minors, a minor can also be someone who is under 21 years old and therefore, still prohibited to consume or purchase alcoholic beverages. If your pre-teen or adolescent was arrested, they will likely be prosecuted in the Indiana juvenile court system.

Continue below to learn what to expect when you enter the court room for your child’s case, plus how to best prepare your teen’s defense to avoid the maximum penalties for their charges.

Juvenile Delinquency Lawyer Indianapolis Indiana 317-636-7514

Delinquent Offenses Versus Status Offenses

Kids will be kids, but when kids break the law, they can be subjected to criminal penalties in the juvenile court system. There are two primary types of juvenile crimes: delinquent offenses and status offenses. Delinquent offenses are crimes that can be committed by children and adults, like driving without a license, vandalism, shoplifting, illegal drug use, assault, and battery. Status offenses are crimes that can only be committed by juveniles, such as curfew violations, truancy, running away from home, and underage drinking.

In most cases of status offenses, at least the minor ones, juveniles are often given the option to cooperate with a supervised probation and behavioral modification plan rather than going in front of a judge. In more serious cases of both status and delinquent offenses among juveniles, a child or teenager may be required to go to court and be adjudicated by a judge.

Juvenile Court Process of

When you enter juvenile court, you will see a lot of people present, but rest assure, they are there to serve a good purpose. You can expect to see your own criminal defense attorney, the prosecutor, the magistrate or presiding judge (or in some cases, a commissioner or referee), an intake officer, and possibly a probation officer.

▷ Initial Hearing – The first hearing is known as the initial hearing. This is when the juvenile is told what they are being charged with. During the initial hearing, it is imperative that you have a juvenile criminal defense lawyer present and working your case.

▷ Detention Hearing – If a juvenile is being detained by the Department of Corrections, their detention hearing should take place within the first 48 hours of arrest; but this does not include holidays or weekends.

▷ Waiver Hearing – If the prosecutor wants the judge to move the juvenile’s case from juvenile court to adult court, there will be a waiver hearing scheduled. Again, it is critical to have private criminal defense for your juvenile if a waiver hearing is set into motion.

▷ Fact-Finding Hearing – When witness testimonies are required for juvenile case, a fact-finding hearing will be scheduled in which the witnesses will tell the judge what they know about the case.

▷ Review Hearing – A judge will request a review hearing after juvenile’s conviction to see how they are doing with their progress, and court orders.

Juvenile Sentences

If a juvenile is sentenced for their offense, they are often put on probation, which can be either supervised or unsupervised, but in more serious cases, they can be sentenced to the Department of Corrections. for juveniles. Additional court ordered penalties that may be headed down to a convicted juvenile include community service, restitution, school attendance, rehabilitation, counseling, diversion programs, and house arrest.

A juvenile’s arrests and convictions stay on their permanent record even after they turn 18. However, these records may be eligible for criminal record expungement or record sealing. Talk to a trusted Indianapolis criminal defense lawyer to learn more about Indiana’s Second Chance Law if your juvenile has criminal record, or if you yourself have a criminal record from when you were a minor.

Juveniles Tried in Adult Court

If a child or adolescent commits a very serious crime, such as one in the realm of homicide, they may be tried in the adult court system. In such case, it would be critical to your child’s future to hire a skilled and aggressive Indianapolis Indiana criminal defense law firm to represent the case. This would be the best way for them to avoid the maximum penalties for the charges, including prison time.

Is your child or teenager facing criminal charges in Indiana and you have no idea how to protect them from a harsh future? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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

What Will Happen if I Get Caught With a Fake ID?

Posted on December 10, 2021 by admin

Fake identification cards, like drivers’ licenses and state I.D.’s, are a common ploy among minors, especially around college campuses. Although stigmatized as an age-old right of passage for late teens transitioning into life on their own, or just a silly, harmless thing that college students do, the truth is that getting caught with a fake I.D. can land a person in a lot of trouble; more trouble than they think.

Continue reading to learn the typical penalties and ensuing consequences for getting caught with a fake I.D. in Indiana, as well as who to trust for aggressive criminal defense if you are arrested on related charges.

Fake ID Lawyer Indianapolis Indiana 317-636-7514

Fake I.D. Crimes in Indiana

Many kids do not realize the long-term consequences of being caught with a fake drivers’ license or state identification card. They assume that any criminal activity that takes place in their life before the age of 21 doesn’t matter and will not have an impact on their future. But this is wrong. Those with a fake I.D. charge or conviction on their criminal record will be judged by both the government and future employers.

Not only does the crime of using a fake I.D. imply dishonesty, sneakiness, and lack of morals, but it also implies that a person has poor decision making skills and perhaps even impulse control issues. Employers will take one look at a criminal background check of a person who has been convicted of such an offense and immediately move onto the next candidate.

This can happen to a person their whole life when searching for employment; permanent records remain with you forever. A person convicted of such offenses can also forget about jobs in finance, technology, engineering, or related high-security fields.

Consequences for Using a Fake ID

The first and foremost consequence of using a fake I.D. in Indiana is arrest. Law enforcement can search you for reasons of their own, and if they find your fake, they will arrest you on the spot for Possession of False Identity (IC 7.1-5-7-3), False Statements of Age (IC 7.1-5-7-1), Furnishing False Evidence of Identification (IC 7.1-5-7-2), or Counterfeit Government Issued Identification (35-43-5-2.5), or a combination of these charges.

If you are caught by a bouncer or bartender, most likely they will just keep your fake or cut it up in front of you, and then let you go home; however, some will immediately notify a cop or security staff, who will then detain you and have you formally arrested. Excise police regularly conduct fake ID stings, generally targeting college students and campus areas.

If the judge and prosecutor believe there is enough evidence to charge you with Possession of False Identity, you will be formally charged, and a court hearing will be set for you. Possible consequences upon being convicted can range in severity depending on your criminal history.

Indiana Fake I.D. Penalties Upon Conviction:

Class C Misdemeanor
► Up to 60 Days in County Jail
► Up to $500 in Fines
► 1 Year Suspended Drivers’ License
► Permanent Marks on Driving Record

College students can also expect a notice of disciplinary action from their university, separate from their state or federal penalties.

Are you looking for a qualified crime attorney who can protect you against the maximum penalties for your fake ID charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. We can also help you seal or expunge your arrest records!

4 Ways Prank Calling Can Get You Arrested in Indiana

Posted on September 10, 2021 by admin

Most of us have pranked called a person or place of business once or twice during our childhood and adolescence. What seems like an innocent right of passage for a lot of kids and teens at sleepovers and birthday parties can actually get you in trouble with the law if you take it too far.

Continue reading to learn the top 4 ways prank calling can get you arrested in Indiana, and where to find the best juvenile criminal defense in Indianapolis.

Harassment Lawyer Indianapolis IN 317-636-7514

Harassment Laws in Indiana

The most likely criminal charge for prank calling is harassment, which can lie on a wide spectrum from minor to severe. Other possible criminal charges, depending on the particular jurisdiction, may include wiretapping, disorderly conduct, and even hate crime.

❶ Harassment – If you are prank calling a person or location in excess, whether every day or consecutively in one day, you could be charged with harassment. This is especially true for threatening or vulgar prank calls.

❷ Wiretapping – Wiretapping is the crime of recording phone conversations without the other person’s consent. Wiretapping is considered a serious offense in Indiana, and such exploitation can be charged as a felony in certain cases.

❸ Disorderly Conduct – Excessive or aggressive prank calling can also be deemed as disorderly conduct in the eyes of the law. The boundaries in which this criminal charge applies differs among Indiana jurisdictions, but in all cases, it can pose a penalty of fines and jail time.

❹ Hate Crimes – If prank calling involves the intentional targeting and harassing of a particular race, religion, or nationality, it can possibly be viewed as a hate crime and charged as such.

What Will Happen if You are Caught Committing Any of These Prank Call Offenses

In the case that your prank calls have crossed a line into illegal activity, one of two things will happen: an officer will show up at your location and physically arrest you, or you will be indicted, and a warrant will be issued for your arrest.

How to Protect Your Rights After Being Charged With a Crime in Indianapolis

A skilled Indianapolis IN defense lawyer can help you avoid the maximum penalties for your criminal charges including the most feared, jail time. Not only can jail cause you to lose time with your family and loved ones, but it also forces you to miss work, which can greatly jeopardize your employment and income.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. We represent clients all throughout the state of Indiana.

You Should Also Read:

Can a Cop Arrest a Kid?
Important Laws That Pertain to Parents of Teenagers
FAQs About Juvenile Criminal Law

The 6 Stages of an Indiana Juvenile Case

Posted on July 23, 2021 by admin

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 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

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.

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.

How Does the Juvenile Court System Work?

Posted on December 12, 2018 by admin

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.

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

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!

Who is Considered a Juvenile?

Posted on August 14, 2017 by admin

Under Indiana law, a juvenile is a person who is between 10 and 17 years old. Once a person turns 18, they are considered adults in the eyes of the law. Continue reading to learn more.

Juvenile Criminal Lawyer 317-636-7514

The definition of a juvenile is not universal. The specifics regarding the start and end of the juvenile age spectrum vary from state to state, and even under federal law. In terms of committing crimes, juveniles are tried differently depending on a number of factors, including the severity of the crime and age of the juvenile. In most cases, juveniles who commit crimes are tried in the juvenile court system. However, if a juvenile is close to their 18th birthday, and their crime was egregious or severe, they can be tried in the adult criminal court system.

Juvenile Court

The juvenile court system has a separate set of rules and procedures. One of the most apparent differences between juvenile and adult criminal court is the level of rights given to defendants. Juveniles are entitled to less rights than defendants in adult criminal court since they are usually still under their guardians custody. For instance, many states do not allow trial by jury for juvenile offenders; however, all states give juveniles the right to an attorney and the right to an appeal.

Minor Versus Juvenile

Many people are confused by the term minor. A minor is both the same and different from a juvenile. A minor is any person that is prohibited to perform a certain activity, such as driving a car, voting, and drinking alcohol. If a person is under the age of 21, they are considered a minor when it comes to alcohol consumption. If a person is under the age of 18, they are considered a minor when it comes to voting. In contrast, juveniles are specifically persons between a certain ages.

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. It is important to talk to an experienced Indianapolis criminal defense attorney if your juvenile or child has been charged with a crime. They have the knowledge and resources to defend your child’s case and avoid the maximum penalties for their charges.

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child is facing criminal charges 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, so be sure to schedule yours today.