What to Expect From Juvenile Court

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
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.

Related Posts:

Can a Child Be a Witness in a Criminal Case?
Options for Police When Children Commit Crimes
Important Laws That Pertain to Parents of Teenagers

Indianapolis Criminal Defense 317-636-7514
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Do I Need an Attorney if My Kid is Arrested?

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.

Juvenile Criminal Attorney 317-636-7514
Juvenile Criminal Attorney 317-636-7514

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.

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