Juvenile

Many people believe that juvenile delinquency records are automatically sealed or expunged once an individual reaches the age of 18.  This is not the case in Indiana.  While some juvenile true findings (the juvenile equivalent of a criminal conviction) are automatically expunged after a certain time period, others remain on a delinquency record unless or until an expungement petition is granted. I.C. 31-39-8-3.5 orders juvenile delinquency courts to expunge all misdemeanors from an individual’s record…

Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…

Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.”  This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…

Prior to 2021, Indiana did not prohibit the placement of juvenile arrestees in adult jails before trial proceedings. A juvenile arrestee may have been held with adult offenders, exposing them to adult jail conditions which may have long-lasting impacts on the juvenile. In response to the Juvenile Justice and Delinquency Prevention Act of 2018, Indiana added a new statute addressing pre-trial detention of juvenile arrestees that became effective July 1, 2021. The Juvenile Justice and…

Most people realize that juveniles are treated differently than adults in criminal cases. Even the Supreme Court has gone out of its way to issue numerous rulings (see Brown v. State, 10 N.E.3d 1 (Ind. 2014) and Fuller vs. State, 9 N.E.3d 653 (Ind. 2014)) specifically mentioning that juveniles should be treated differently because they have not fully matured, often don’t fully recognize the wrongfulness of their acts, and are able to be rehabilitated with…

Being charged with a crime is stressful. The criminal justice system can be a cumbersome, confusing process for anyone to navigate. This is true not only for adults, but also for juveniles accused of committing what would be deemed crimes if they were over eighteen. This blog will spell out the juvenile delinquency process in a general sense in hopes of answering questions that parents and/or juveniles may have when faced with a delinquency case…

It is a common misconception that juvenile records disappear, whether sealed or automatically expunged, when an individual turns 18. Unfortunately, that is not the case in a wide variety of scenarios. This article will look into what records are available, who can obtain those records, how juvenile delinquency records can affect someone, and what you can do to try and make sure those records are sealed so you or your child will not face the…