Juvenile Crimes

Indiana has a separate court system for teenagers and most children and teenagers under 18 years old who are arrested or break the law will have their case in Indiana’s juvenile courts. The juvenile courts operate differently than adult courts and are focused on helping your child and strengthening your family. With that as the goal the judge can order your child to go through counseling, perform community service work, go to school, live in a therapeutic community, or remain in a secure juvenile detention facility.

When your child’s future is at stake, it is important that your child has an experienced criminal attorney to help them through the process and protect their rights.

 
 
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Stages of Juvenile Cases

Below is a listing of the typical types of hearings that occur in a typical juvenile case. The following will help you learn more about what you can expect as you and your child go through the process.

  1. Detention Hearing – If your child has been arrested and placed in a juvenile detention center, the court will hold a hearing within 48 hours to decide whether or not your child will stay in the detention center or go home.

  2. Informal Adjustment/Diversion – Before the court case is started, your child may be offered the chance to take part in an informal adjustment or diversion program which prevents them from being adjudicated a delinquent. The program will typically be monitored by probation, require your child to stay out of trouble, and require other things such as community service.

  3. Initial Hearing – This is a hearing where your child is walked through their rights and read the formal charges.

  4. Waiver Hearing – In certain circumstances, the prosecutor can ask the judge to remove your child’s case form juvenile court to adult court. Before juvenile case can be moved to adult court the judge will have a waiver hearing where the judge hears evidence and argument from both sides before determining whether or not to move the case to adult court.

  5. Fact-Finding Hearing – This is a trial where evidence is presented to the court ad the judge makes a finding as to whether or not the child did anything wrong.

  6. Dispositional Hearing – If it is found that your child has broken the law, the court will hold a dispositional hearing to determine what should happen to your child.

  7. Review Hearing – Until the case is closed, a review hearing happens at least every 6 months to see how your child is doing.

Common Questions

Q: Can police question your child without your permission?

A: In most circumstances your child cannot give up his or her constitutional rights without speaking to a parent or defense attorney first.

Q: How long can your child be in the juvenile department of corrections?

A: Generally a child is committed to the DOC for an indefinite period of time with the length of confinement determined by the DOC. However, in some situations, courts can impose fixed sentences, which the DOC cannot reduce. In addition to these sentences, the court can impose any other disposition specified for non-status offenders.

Generally a child is committed to the DOC for an indefinite period of time with the length of confinement determined by the DOC. However, in some situations, courts can impose fixed sentences, which the DOC cannot reduce. In addition to these sentences, the court can impose any other disposition specified for non-status offenders.

Q: What happens to my child’s juvenile record when they become an adult?

A: All juvenile records can be expunged when your child becomes an adult. The process is not automatic and the judge does not have to grant the expungement. When your child turns 18 they will need to petition the court and ask that their records get destroyed or sealed.

How Vining Legal Can Help?

Vining Legal has represented children in all stages of the juvenile process. Please call Vining Legal at (317) 759-3225 today to learn more about juvenile defense in Indiana.

 

Contact us.

Call us today to schedule a free case evaluation to review what you can be doing about pending criminal charges. You can text or call (317) 759-3225 to get your questions answered immediately or you can fill out the following form and one of my team members will reply ASAP.