Possible Penalties for Being a Teen Bully in Indiana

Bullying has been a pressing issue for years, with its impact taking a significant emotional and mental toll on both victims and their families. For teenagers in Indiana, where bullying incidents are on the rise, the behavior carries not just social and educational consequences but potentially legal ones as well. This post will explore whether a teenager can be arrested for bullying in Indiana, what the laws say, the possible consequences, and how parents, educators, and teens can work to prevent such incidents.

Call 317-636-7514 for Indianapolis Juvenile Criminal Defense
Call 317-636-7514 for Indianapolis Juvenile Criminal Defense

What Qualifies as Bullying in Indiana?

Indiana law defines bullying as overt, unwanted, repeated acts or gestures, including verbal, physical, or written communications, as well as images transmitted electronically (cyberbullying). The behavior must:

  • Be reasonably perceived as intimidating, hostile, or offensive. 
  • Harm a student, damage their property, or substantially interfere with their education. 
  • Create a threatening or disruptive educational environment. 

Bullying in Indiana is taken seriously, especially in the digital era, where cyberbullying amplifies its reach and impact.

Indiana Laws on Bullying

Indiana has specific statutes addressing bullying behavior. Schools are required to develop and enforce anti-bullying policies, ensuring a safe environment for all students. However, certain instances of bullying cross the line from school discipline matters into legal territory.

When Does Bullying Become a Crime?

Although “bullying” itself isn’t explicitly classified as a crime under Indiana law, behaviors like intimidation, threats, and harassment that fall under the broader scope of bullying can lead to criminal charges. Below are common offenses stemming from bullying incidents:

  • Intimidation (Indiana Code § 35-45-2-1): Occurs when a person communicates a threat with intent to force someone into action or inaction. 
  • Harassment (Indiana Code § 35-45-10-1): Includes repeated, unwanted contact or communication aimed at causing harm, fear, or distress. 
  • Disorderly Conduct (Indiana Code § 35-45-1-3): Persistent, aggressive behavior disrupting peace or safety.

When bullying behaviors meet the criteria of these offenses, legal consequences may follow, including arrests for severe violations.

Can a Teenager Be Arrested for Bullying? 

Yes, a teenager can be arrested in Indiana if the bullying behavior involves criminal acts such as violence, threats, or harassment. The severity of the bullying and its consequences typically determine whether legal action is taken.

For example:

  • Physical Assault: A bully who injures another student could face charges of assault or battery
  • Cyberbullying: Sending threats or sharing harmful content online can result in charges related to harassment or intimidation. 
  • Property Damage: Destroying or vandalizing another student’s belongings could escalate into a criminal case. 

It’s important to note that teenagers facing such charges would typically enter the juvenile justice system, which focuses more on rehabilitation than punishment. However, serious offenses may still result in significant legal repercussions.

Potential Legal Consequences for Teen Bullies 

A teenager arrested for bullying may face the following legal outcomes, depending on the severity of their actions:

  • Juvenile Detention – For serious crimes such as assault, teens may be placed in juvenile detention facilities, where the focus is on correctional education and behavioral reform.
  • Fines or Restitution – Families may be held financially responsible for damages caused by their child.
  • Probation – Teenagers may receive probation terms, which include conditions such as regular check-ins with parole officers and mandatory counseling.
  • Community Service – Courts may impose community service requirements as a form of restitution.
  • Educational Measures – Specific programs, such as anger management or anti-bullying workshops, may be mandated to educate and rehabilitate the offender.

The goal of these consequences is to curb problematic behavior while helping teens understand the impact of their actions.

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How Parents, Teens, and Educators Can Prevent Bullying

Prevention is always better than punitive action. Establishing a culture of empathy, communication, and accountability can drastically reduce bullying incidents.

Tips for Parents 

  • Stay Engaged – Have open conversations with your child about their social interactions and online activities. Encourage honesty and offer support if they experience or witness bullying.
  • Understand Legal Responsibilities – Know that parents or guardians can sometimes face liability for negligence if their child’s bullying harms others. Stay proactive in addressing any concerning behaviors.

Advice for Teenagers 

  • Be Mindful of Actions Online and Offline – Understand that hurtful words or actions can have real consequences. If accused of bullying, seek guidance from a trusted adult or legal advisor. 
  • Stand Against Bullying – If you witness bullying, being an “upstander” by reporting incidents can make a significant difference. 

Guidance for Educators 

  • Enforce Anti-Bullying Policies – Schools should create and consistently implement a safe environment for all students. Clear rules and consequences for bullying must be communicated.
  • Provide Training and Resources – Educators should receive training to identify and handle bullying situations effectively. 

Resources for Help and Support 

  • Indiana Department of Education: Offers guidelines and tools for bullying prevention. 
  • StopBullying.gov: Provides information on identifying, stopping, and responding to bullying, including cyberbullying. 
  • The Cybersmile Foundation: Dedicated to supporting victims of cyberbullying. 
  • National Suicide Prevention Lifeline: Confidential support for individuals experiencing emotional distress related to bullying (Call 988). 
  • Indiana Youth Services Association: Access local support services for youth and families.

RECAP: Addressing Bullying Is Everyone’s Responsibility 

Bullying is more than just a disagreement between peers. It has long-lasting effects on victims, witnesses, and communities. Indiana law reflects the seriousness of this behavior, holding individuals accountable when bullying escalates into criminal acts.

Navigating the legal implications of bullying can be intimidating. If your child has been accused of or affected by bullying, it is crucial to seek expert guidance. Contact a legal expert today to protect your child’s rights and explore proactive solutions.

If your child is facing accusations of juvenile delinquency in Indianapolis, acting quickly and decisively is essential. Reach out to Attorney David E. Lewis at 317-636-7514 to secure the guidance and advocacy your family needs during this challenging time. Don’t leave your child’s future to chance—get the help they deserve now.

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Related Post: Navigating Juvenile Court in Indiana as a Parent of a Teenager

Can Kids Be Arrested? Understanding Juvenile Justice and Legal Rights for Minors 

When we think about the justice system, it’s often in the context of adults. But what happens when children and teens find themselves involved with the law? For many parents and educators, the idea of a child being arrested is both shocking and confusing. Can it really happen? What does the process look like, and what rights do minors have? 

This blog explores the legal concept of juvenile delinquency, the behaviors that can lead to a child’s arrest, the rights of minors during this process, and how their families and communities can offer support. Whether you’re a concerned parent, an educator, or simply a member of the general public, understanding juvenile justice is crucial for protecting children’s futures and advocating for their rights. 

Call 317-636-7514 if You are Looking for Juvenile Criminal Defense Lawyers in Indianapolis
Call 317-636-7514 if You are Looking for Juvenile Criminal Defense Lawyers in Indianapolis

What Is Juvenile Delinquency? 

Juvenile delinquency refers to illegal behavior by individuals under the age of 18. Instead of being prosecuted in the adult criminal justice system, juveniles are typically processed through a specialized juvenile justice system designed to rehabilitate rather than punish. The primary goal is to help minors take accountability for their actions and guide them toward better decision-making without the lifelong consequences that often accompany adult convictions. 

However, the legal system can still feel overwhelming, especially for families navigating the complexities of juvenile delinquency for the first time. Understanding the system’s framework can help parents and educators advocate for children’s rights and ensure the best possible outcomes. 

Behaviors That Can Lead to a Child Being Arrested 

Children can find themselves in trouble with the law for a wide range of activities. Some offenses are the same as those committed by adults, while others are unique to minors. Here’s a closer look at what behaviors might result in a child’s arrest:

Crimes Common to Minors 

  • Theft – Stealing an item from a store or another person. 
  • Vandalism – Graffiti, property destruction, or other acts of damage. 
  • Assault – Physical altercations that result in injury. 
  • Drug-Related Offenses – Possession or distribution of illegal substances. 

Status Offenses 

Status offenses refer to behaviors that are only considered illegal because of the offender’s age. These include: 

  • Truancy – Repeatedly skipping school without valid reasons. 
  • Running Away – Leaving home without parental consent. 
  • Underage Drinking – Possessing or consuming alcohol before turning 21 in the United States. 

Common Misunderstandings 

One thing many parents don’t realize is that minors can be arrested for behaviors that might seem minor or easily dismissed. For example, a “harmless” prank like throwing eggs at a neighbor’s house could be classified as vandalism under the law. It’s important to know that the juvenile justice system often views these actions through a broader lens, balancing accountability with the child’s capacity to learn from their mistakes. 

The Arrest Process for Minors 

When a minor is arrested, the process differs from that of an adult in several critical ways. Here’s what typically happens:

Role of Law Enforcement 

Law enforcement officers have specific guidelines for handling minors. If a child is taken into custody, officers should minimize trauma by ensuring the situation is explained in an age-appropriate way. 

Rights of the Child 

Just like adults, minors have basic legal rights, including the right to remain silent and the right to an attorney. Parents should ensure that their child understands these rights and exercises them when necessary. 

Supporting Your Child Through the Process 

If your child is arrested, it’s essential to stay calm and focus on providing support. Steps to help include:

  1. Contact a Juvenile Defense Lawyer – Working with a lawyer who specializes in juvenile cases ensures your child’s best interests are represented. 
  2. Explain What’s Happening – Use age-appropriate language to help your child understand the process. 
  3. Be Present – Stay involved and attend any hearings or meetings related to your child’s case. 

Potential Consequences of a Child’s Arrest 

An arrest can significantly impact a child’s life, both immediately and in the long term. Being aware of these potential consequences allows families and educators to address them proactively. 

Immediate Effects 

  • Mental Health – Children may experience anxiety, fear, or trauma from the arrest process. 
  • School Life – The situation could lead to missed classes, lower academic performance, or disciplinary action from schools. 

Long-Term Implications 

  • Education Opportunities – A juvenile record may impact college admission and financial aid eligibility. 
  • Employment – While juvenile records are generally sealed, some offenses might still surface during background checks for certain jobs. 

Rehabilitation vs. Punishment 

The good news is that the juvenile justice system focuses on rehabilitation. With the right interventions and support, most children can move forward without lasting stigma or detrimental effects. 

Prevention and Intervention Strategies 

Preventing juvenile delinquency starts long before a child finds themselves in trouble. Investing in proactive measures can make all the difference, especially for at-risk youth. 

Community-Based Programs 

Many communities offer free or low-cost programs designed to provide positive outlets for children. Examples include mentorship programs, after-school activities, and sports leagues. 

Early Support for At-Risk Youth 

Teachers, counselors, and other adults in a child’s life play a critical role in identifying at-risk behaviors early. Open communication with children, encouraging emotional expression, and teaching problem-solving skills can all help reduce the likelihood of delinquent behavior. 

Parental Guidance 

Parents can help by maintaining strong, open relationships with their children. Remaining involved in their lives, setting clear boundaries, and being a positive role model are powerful tools for guiding adolescents through challenging times. 

In Conclusion

Understanding how the juvenile justice system works is a crucial step in protecting children’s rights and supporting their growth. Whether you’re a parent, educator, or concerned citizen, it’s vital to approach the issue of juvenile delinquency with empathy and a commitment to rehabilitation over punishment. 

If your child is facing legal trouble, getting professional advice is one of the most proactive steps you can take. Contact a trusted criminal defense law firm specializing in juvenile defense to discuss your options and ensure the best outcome for your child. 

By working together as families, educators, and communities, we can create environments that prioritize prevention, understanding, and second chances. 

Are you ready to discuss the best defense strategies for your kid’s legal situation? Contact Attorney David E. Lewis at 317-636-7514 today to schedule a free consultation and take the first step towards a strong juvenile defense. We’re here to help you understand your child’s legal rights and provide the guidance you need to avoid being convicted. We will get you the best possible outcome to your minor’s criminal case!

Related Posts:

A Fresh Start Awaits: Expunging Juvenile Records in Indiana
What to Expect From Juvenile Court
The 6 Stages of an Indiana Juvenile Case

A Fresh Start Awaits: Expunging Juvenile Records in Indiana

Imagine a future where your past mistakes no longer haunt you. For many parents and adults with a juvenile record, this dream can become a reality through the process of expunging juvenile records in Indiana.

This blog post aims to shed light on the importance of expunging these records and provide valuable insights into how it can positively impact lives. Whether you’re a parent concerned about your child’s future or an adult looking to clear your past, you’ll find helpful guidance and hope within these lines.

Call 317-636-7514 For Professional Juvenile Record Expungement in Indianapolis Indiana
Call 317-636-7514 For Professional Juvenile Record Expungement in Indianapolis Indiana

Indiana’s Criminal Record Expungement Law

Indiana offers a second chance to individuals with juvenile criminal records through its expungement law, also known as Indiana’s Second Chance Law. But what exactly does this law entail? In essence, expungement is the process of sealing or erasing criminal records from public view, giving individuals a clean slate. The Indiana expungement law for juvenile records is designed to help those who made mistakes in their youth and now seek to put their past behind them.

Key Eligibility Criteria

Eligibility for expunging juvenile records in Indiana is determined by several factors. Firstly, the individual must have completed their sentence, including any probation or parole. Additionally, a certain amount of time must have passed since the completion of the sentence, typically five years. It’s also crucial that the individual has not committed any new offenses during this period.

The Expungement Process

The process begins with gathering all necessary documents, such as court records and police reports. Next, the individual must file a petition for expungement with the court. This petition should include details about the case, reasons for seeking expungement, and any supporting evidence. Once the petition is filed, a hearing will be scheduled where the judge will review the case and make a decision.

Benefits of Expunging Juvenile Records

Impact on Education

Expunging juvenile criminal records has a profound impact on various aspects of life, starting with education. Many colleges and universities conduct background checks as part of their admission process. A clean record can significantly improve the chances of being accepted into a desired institution. Furthermore, students are more likely to qualify for scholarships and financial aid without the burden of a criminal record.

Employment Opportunities

Employment is another critical area where expungement can make a difference. Many employers perform background checks on potential hires. A juvenile record can be a significant barrier to securing a job, especially in competitive fields. By expunging these records, individuals can present themselves as trustworthy and reliable candidates, increasing their chances of landing a job that aligns with their career goals.

Housing Prospects

Housing opportunities also improve with a clean record. Landlords often run background checks on potential tenants. A juvenile criminal record can lead to rental applications being denied. Expungement helps remove this obstacle, allowing individuals to secure safe and stable housing for themselves and their families.

How Juvenile Expungement Works in Indiana

Hiring an Expungement Lawyer

Engaging a criminal record expungement lawyer is a crucial step in the expungement process. These professionals have the expertise to verify your eligibility, navigate the legal complexities, and ensure that all necessary paperwork is accurately completed. They can also provide representation during the court hearing, making a compelling case for why the expungement should be granted. By having a knowledgeable lawyer by your side, you increase your chances of a successful outcome.

Filing the Petition

Filing the petition for expungement involves more than just submitting a form. It requires a well-prepared document that clearly outlines the reasons for seeking expungement and includes all relevant supporting evidence. This is where the expertise of a criminal record expungement attorney becomes invaluable. They can help you craft a persuasive petition that highlights your rehabilitation and the positive impact that expungement will have on your future.

Steps to Expungement

The process of expungement may seem daunting, but it can be navigated successfully with the right guidance. Here’s a step-by-step guide to help you through the process:

  1. Consult a Criminal Record Expungement Lawyer: Hiring an experienced attorney can significantly enhance the chances of a successful expungement. They can provide expert advice, determine your eligibility, help prepare the petition, and represent you in court.
  2. Assess Eligibility: Verify that you meet all eligibility criteria, including the completion of your sentence and the required waiting period.
  3. Gather Documentation: Collect all relevant documents, such as court records, police reports, and any other materials that support your case.
  4. File the Petition: Submit the petition for expungement to the court. Ensure that it includes all necessary details and supporting evidence.
  5. Attend the Hearing: Be prepared to attend the court hearing, where the judge will review your case. Your lawyer will present your case, emphasizing the reasons for seeking expungement.
  6. Await the Decision: After the hearing, the judge will make a decision. If expungement is granted, the records will be sealed, and you can move forward with a fresh start.

Conclusion

Expunging juvenile records in Indiana is a vital step towards a brighter future. It opens doors to better education, employment, and housing opportunities, allowing individuals to rebuild their lives without the shadow of past mistakes. For parents, it’s a chance to secure a better future for their children. For adults with a juvenile record, it’s an opportunity for a fresh start.

Taking action to expunge juvenile records not only benefits the individuals involved but also has a positive impact on the community. It promotes rehabilitation and reintegration, reducing the likelihood of reoffending. By supporting expungement efforts, we contribute to a safer and more inclusive society.

If you or someone you know is eligible for expungement, don’t hesitate to seek professional help. Contact David E. Lewis today at 317-636-7514 to schedule a free consultation for criminal record expungement in Indiana. Start now to take the first step towards securing your fresh start. Our law firm will get you the best possible outcome to your criminal case!

Related Posts:

What to Expect From Juvenile Court
The 6 Stages of an Indiana Juvenile Case
How to Move Forward From a Criminal Past With Expungement

The 6 Stages of an Indiana Juvenile Case

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

Indianapolis Criminal Defense 317-636-7514
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The Difference Between a Delinquent Offense and a Status Offense

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

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

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.