Few phone calls can distress a parent more than hearing his or her child was arrested for committing a crime. As a parent, it is hard not feel like a failure after learning a child could not make the choice to follow the law, but it is important to focus on how on the legal system plans to treat the child, and the need to secure a juvenile defense attorney to protect the child’s rights following the arrest. Some of the questions parents find most pressing are:

• How does the legal process work?
• What are the possible punishments my child will face?
• Will my child have a permanent criminal record?

Historically, the criminal justice system treats children differently due to their perceived inability to understand the meaning or consequences of their actions. Recent research into cognitive development in children shows that they are less capable of making reasoned decisions and more apt to act on impulse. Today, there is also the added pressure of more frequent contact between police and youth now that officers are routinely assigned to monitor schools and the surrounding areas. Many of the normal tactics police use to defuse tense situations can actually provoke more defiant behavior in children and lead to increased rates of arrests. Some police departments, including several in Indiana, are seeking to change this dynamic by providing juvenile-specific training to officers in hopes of lowering arrest rates.

An overview of the juvenile justice process in Indiana will follow to arm parents with knowledge they can use to better protect their child’s rights and interests.

Entering the System

In order for a person to enter the juvenile system he or she must be under the age of 18 and be accused of committing a delinquent act. Delinquent acts are either offenses that would qualify as crimes if the person was an adult or status offenses that are illegal due to a person’s age, i.e., driving or drinking when underage, out past curfew, truancy, etc. Not all offenses are handled by the juvenile court. Serious felony crimes will typically be heard in adult criminal court, but all status offenses are handled by the juvenile system. A child will not be found guilty unless the court determines the behavior cannot be corrected without court intervention.

Similar to adults facing criminal charges, juveniles accused of a crime are entitled to certain rights, such as the right to counsel, the right to examine witnesses, or the right against self-incrimination. There are, however, important differences. Juveniles do not have a right to a jury trial or to post bond in order to be released from a detention center. Furthermore, a child cannot waive his or her own rights, only the child’s attorney, parent, or legal guardian has this ability.

Punishment

Juvenile courts have a range of possible punishments they can impose on a delinquent child, ranging from a verbal warning to placement in a secure detention facility. In contrast to adult penalties, incarcerating a juvenile can take many forms, including:

• House arrest;
• Placement with relative or group home;
• Juvenile hall for short-term detention;
• Probation; and
• Secured juvenile detention centers for extended confinement.

Records    

Indiana law wants to protect juveniles from looking bad, and as a result, juvenile records are confidential and require a court order for release in most cases. This does not mean records are erased once a person turns 21. In order to permanently destroy these records, it is necessary to petition the records be expunged. This is important because without eliminating these records, any offenses committed as a child will follow the person throughout his or her life and possibly impact job opportunities and the ability to receive federal student loans. Judges decide whether to grant a petition to expunge juvenile records on a case-by-case basis and look at factors, such as the nature of the offense, the age of the child at the time of the offense, the outcome of the case, and the length of time since the person was in contact with the criminal justice system.

Talk to a Juvenile Criminal Defense Lawyer

If your child was arrested from a crime, you need a defense attorney on your side that will fight for your child’s rights. Attorney Christopher L. Arrington represents clients in Hendricks and Putnam counties and strives to preserve his clients’ innocence. Contact him for a free consultation.