Juvenile Delinquency in Indiana
Juvenile Delinquency is a very specific set of laws in the state of Indiana, which are unlike adult criminal matters. While criminal charges for a juvenile utilize the Indiana adult criminal code as a framework for the charges, the way juvenile delinquency cases are handled in Indiana courts are far different than the way adult criminal matters are handled.
First, the rules for how juvenile delinquency cases are to be handled is found in Indiana’s family law code, and not in the criminal code. While the criminal code gives the prosecution the framework for formal charges, the family law code governs how the cases move through the court. Juvenile delinquency has its own set of rules that are unlike that of the adult criminal process. In addition to the rules being different, the language in the juvenile justice system is different than that of the adult justice system. Juveniles are not defendants, they are respondents. They do not get a trial, they have a fact finding. They do not get convicted of crimes, they are adjudicated. Juveniles are not sentenced, they go through disposition. These differences will show an experienced juvenile criminal defense attorney from that of an inexperienced attorney. There are not a lot of attorneys familiar with the juvenile justice system, and therefore it is important to find an attorney to handle the case who has experience in the field. The reason that there are not a lot of attorneys with experience in the juvenile justice system is because juveniles are automatically entitled to a public defender, regardless of their or their parents’ income, which is unlike the adult criminal justice system. While the public defender being automatically appointed is great, there are still individuals who would prefer a private attorney. It is important to choose the right attorney with knowledge of the system, and even if they regularly practice in adult criminal court, it does not mean that they are prepared to handle a juvenile criminal matter.
The process for a juvenile delinquency matter is different from the adult criminal system right from the start including the initial contact with law enforcement. Law enforcement is not allowed to interview a juvenile, even if the juvenile waives their Miranda rights, without a parent/guardian being present. In addition, juveniles are not entitled to be bailed/bonded out of jail as adults are. When a juvenile is arrested for an alleged criminal offense, they are either immediately taken to the local juvenile justice center, or they are released to their parents and a police report is forwarded to the local prosecutor’s office for review of formal charges.
If the youth is taken to the local juvenile justice center they will meet with a probation officer to complete a preliminary inquiry, which is a tool to gather biographical information for the youth, and an Indiana Youth Assessment System (IYAS), which is a set of screening tools to determine the likelihood of a youth reoffending, the risk they present to the community, to determine if they are a good fit for a deferral, etc. If the youth is determined to be a flight risk or a danger to the community, the probation officer can ask that the youth be detained in a juvenile detention facility or to be released on a form of pre-trial monitoring (electronic monitoring, house arrest, etc.), and the probation officer must request an emergency detention hearing be set for the court to hear evidence and argument to make a determination if the youth will be detained pending fact finding, or if the youth will be released into the community freely or on a level of monitoring pending fact finding. This hearing must be scheduled within forty-eight (48) hours (excluding weekends and legal holidays) of the detention. If the youth is determined to not be a flight risk or a danger to the community, then they are released to their parent/guardian pending
their next hearing. If a youth is detained, then at their emergency detention hearing, the court will hear evidence of the juvenile’s alleged crime, prior criminal history, living situation, education situation, etc. to determine if the youth can be safely released into the community or if the youth is likely to endanger the community or flee their home prior to their fact finding. If the youth can be released into the community under a level of supervision that would mitigate any potential flight risk or danger to the community, then the court is required to release the juvenile at that level of supervision to mitigate that danger. The purpose of this is that the courts want to interfere with the juvenile’s life as little as possible and to keep them in their home environment as the evidence based research has shown that it is what is in a juvenile’s best interest to prevent them from reoffending in the future. The main purpose of the juvenile justice system, is rehabilitation, and not only punitive in nature.
If a juvenile is detained pending fact finding, then the timeline for when a court has to schedule a fact finding speeds up. After a juvenile is detained, a prosecutor must file the juvenile delinquency petition within seven (7) days (excluding weekends and legal holidays), and a fact finding must occur within twenty (20) business days. If the youth does not have a fact finding within twenty (20) business days, and the delay is not caused by the youth or their attorney, then they may be entitled to be released from detention or to have the case dismissed. If a juvenile is released pending their fact finding, then a fact finding must be held within sixty (60) business days.
Unlike the adult criminal system, juveniles are not entitled to a trial by jury. They instead undergo a bench trial. A bench trial is where the prosecutor and the defense attorney present their case to a judge, and the judge decides if the juvenile will be adjudicated. If a juvenile is adjudicated, then probation makes a recommendation to the court for disposition. This disposition can range from probation with terms such as house arrest, GPS monitoring, community service, apology letters to a victim, gaining/maintaining employment, restitution, obtaining their driver’s license, therapy, substance abuse treatment, in-patient treatment at a residential facility, all the way up to commitment in the Indiana Department of Corrections for the youth. Unlike the adult system, a crime does not carry a specific timeline for the term of probation/detention. In the adult system, if you are convicted of a specific crime, the level of crime determines how many days you could possibly be incarcerated for the offense. In the juvenile system, you remain on probation or detained in a residential facility or the department of corrections until the court determines you should be released. The court can have jurisdiction over a juvenile until they are twenty-one (21).Ultimately, it is up to the juvenile to successfully complete their terms of probation/detention as to when they will be released by the court. If they successfully complete their terms in six (6) months, then the court can agree to release the juvenile from the court’s jurisdiction. If the juvenile takes fourteen (14) months to complete their terms or they continue to get in trouble, then the court can maintain jurisdiction of the youth until they show they have made progress towards rehabilitation.
Another difference between the juvenile and adult system is that the juvenile’s parents are ordered to be parties to the case. That means, the parents can be found in contempt of court if they do not participate in their child’s court case, attend hearings, report violations of terms of probation, etc. As a result, the parents may obtain attorneys to represent their rights and interests
in a juvenile delinquency matter as well if they wish. They, however, are not automatically entitled to a public defender.
That is just a glimpse into the Indiana juvenile delinquency system and all the nuances that come along with it. Due to all the nuances beyond what is mentioned here, it is important to find the right attorney who is well versed in juvenile delinquency cases to represent you or your child.
This article is for informational purposes only and does not constitute legal advice.