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

Posted on December 12, 2024 by admin

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

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:

Contact a Juvenile Defense Lawyer – Working with a lawyer who specializes in juvenile cases ensures your child’s best interests are represented.
Explain What’s Happening – Use age-appropriate language to help your child understand the process.
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!

A Fresh Start Awaits: Expunging Juvenile Records in Indiana

Posted on June 26, 2024 by admin

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

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:

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.
Assess Eligibility: Verify that you meet all eligibility criteria, including the completion of your sentence and the required waiting period.
Gather Documentation: Collect all relevant documents, such as court records, police reports, and any other materials that support your case.
File the Petition: Submit the petition for expungement to the court. Ensure that it includes all necessary details and supporting evidence.
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.
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!

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.

Is Prank Calling a Crime in Indiana?

Posted on March 2, 2022 by admin

We’ve all been there at some point in our childhood. Prank calling is almost an expected milestone of growing up. But can it come with some unexpected consequences? Continue reading to learn how prank calling can go from an innocent and playful trick to an actual Indiana crime.

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Harassment Laws in Indiana

Although prank calling is a common practical joke, it can be taken too far. In such cases, criminal charges can be filed against the caller in Indiana. Harassment is the most common and likely criminal charge that can arise from a prank calling situation. However, there are some other criminal charges that a person can face, such as disorderly conduct, hate crime, and even wiretapping. Criminal charges and subsequent penalties for prank calling will vary among jurisdictions.

Harassment

One can be charged and convicted of harassment as a result of prank calling activity if their calls are late at night, incessant, derogatory, aggressive, sexual in nature, or threatening. The scale on which the law categorizes and penalizes prank call harassment will vary from county to county.

Disorderly Conduct

If a person disrupts the peace of the community or behaves in a way that is alarming or threatening to others, they can be arrested and charged with disorderly conduct. Most disorderly conduct charges stem from drunk or drugged situations, but prank calling in a way that causes fear, anxiety, and/or discomfort can lead to such legal consequences.

Hate Crime

In the case that prank calling activity involves derogatory remarks, sounds, and impressions pertaining to race, nationality, ethnicity, religion, gender, sexual orientation, or disability, a caller could face hate crime criminal charges. These are serious criminal charges that often come with severe penalties, like heavy fines and jail time.

Wiretapping

Wiretapping criminal charges are on more of a white-collar crime level. If prank calling involves recording the conversation without the mark’s knowledge, and therefore, consent, the caller could be charged with wiretapping. Wiretapping is a felony, which renders heavy fines, community service, and jail time.

Did some prank calling get you or your kids in trouble with the law recently? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

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.

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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!

Will My Kid Be Tried in Adult Criminal Court?

Posted on September 29, 2021 by admin

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

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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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

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.

FAQs About Juvenile Criminal Law

Posted on June 21, 2017 by admin

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 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.