Juvenile

One of the most common questions we answer is “hey my kid picked up a case in juvenile court do I need to hire him/her an attorney?”  The answer in most instances is yes and here are the primary reasons why: While a juvenile record is not public it is still viewable to the law enforcement community and can be held against them in the future; Minor offenses many times may be able to avoid…

For parents, the news of a child’s arrest can be terrifying and disorienting. You may be asking yourself what the options are when your child gets in trouble. Unlike the adult criminal justice system, Indiana’s juvenile law prioritizes rehabilitation over punishment. However, that doesn’t mean the process is without serious consequences, particularly when it comes to juvenile detention. Understanding the immediate legal procedures and rights involved is crucial for any family facing this challenging situation….

In the world of criminal law, not all laws apply equally to everyone. Some acts are only illegal because the person committing them is under a certain age. These offenses, which are illegal only for minors (individuals under 18) but not adults, are known as “status offenses.” In other states, it may be called, “Juvenile laws.” The term “status offense” is used because these crimes are based on the offender’s status as a juvenile. Additionally,…

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…