Every parent’s nightmare is their child getting in trouble with the law. Sometimes the courts go easy on children charged with crimes; other times, a kid may end up in juvenile detention. Going through this process can feel overwhelming, but learning about it can help ease anxiety.
The juvenile court process is much different than the adult court process. An Indianapolis criminal defense lawyer specializing in juvenile cases can help you and your child achieve the best possible outcome.
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Overview of the Juvenile Court Process in Indiana
A child may end up in juvenile court after getting arrested for a crime (called a delinquent offense) or a status offense. A status offense is a crime that only applies to minors, such as truancy or running away from home.
Juvenile courts have a lot of power to divert cases. Once the case is in juvenile court, the child may have the option to participate in an informal diversion with probation instead of having a trial in front of a judge. This could include counseling, community services, and school attendance requirements.
In some cases, the child may be held in juvenile detention while awaiting their trial, also called a delinquency hearing. If the child is found delinquent, the child may be sentenced to juvenile detention, probation, or less restrictive punishments. The judge can use their creativity to fashion an appropriate sentence, designed to rehabilitate the child.
While it is less common, some children may be tried as adults in adult court for the most serious offenses. This opens a child up to more serious consequences, including an adult criminal record.
The People Involved in Juvenile Court
Many different actors participate in the juvenile court. Each person has a distinct role in the process.
Some of the most influential people involved are:
- Intake officer
- Probation officer
- Judge
- Prosecutor
- Defense attorney
- Guardian ad litem
Some of these actors, like the defense attorney, are there to help your child and protect their rights. Others, such as the prosecutor, exist to try and punish your child. Your child’s defense attorney can help you understand each player’s role so that you know who is advocating for your child and who is working against them.
When Is a Juvenile Charged as an Adult in Indiana?
There are two ways that a child may end up charged as an adult in Indiana:
- Through a discretionary waiver
- Through a mandatory waiver
When a child is charged as an adult, it can drastically change the outcome of their case. They are less likely to be diverted through probation and will have an adult permanent record if convicted.
Discretionary Waiver
A discretionary waiver means that the judge has the discretion to decide whether or not to transfer a juvenile case to adult court.
The child needs to be at least 14 years old at the time of the offense, and the judge must find:
- Probable cause that the child committed a heinous or aggravated act or an act that is part of a repetitive pattern of illegal acts
- The child is beyond rehabilitation in juvenile court, and
- Transfer to adult court is in the best interests of the safety of the community
If the child was 16 or older at the time of the offense, the judge can transfer the child for a drug offense if they find:
- Probable because the child committed a felony relating to controlled substances and
- That transfer to adult court is in the best interests of the safety of the community
Technically, the court also has discretion to transfer a child who is 10 or older if they are charged with murder unless it is in the best interests of the child and safety of the community to keep the child in juvenile court.
Mandatory Waiver
A mandatory waiver means that the judge cannot deny the prosecutor’s request for transfer to adult court. The judge must transfer the case when the child is charged with a felony and has a previous conviction for a felony or non-traffic misdemeanor.
Better Alternatives to Juvenile Detention
Juvenile detention can be detrimental to a child’s development. Even though the goal of juvenile detention is to rehabilitate children, many facilities do more harm than good. Thankfully, judges in juvenile court have the power to impose several better alternatives to juvenile detention if the child is found delinquent.
Some of these alternatives include:
- Juvenile probation
- Community service
- GPS ankle monitoring
- Mental health or substance abuse treatment
- Apology letters
- Cognitive therapy
- Paying restitution
- Meeting certain educational goals
An experienced Indianapolis juvenile defense lawyer will always argue for any punishment that avoids juvenile detention.
Schedule a Free Case Evaluation With an Indianapolis Juvenile Crimes Lawyer
If your child is facing juvenile charges, you need to call an Indianapolis juvenile defense lawyer to help keep them out of juvenile detention. Suhre & Associates DUI and Criminal Defense Lawyers can help. Call us at (317) 759-2599 to schedule a free consultation today.
