Thousands of juvenile delinquency petitions are filed each year in courts throughout northeast Indiana. Unlike adults charged with criminal offenses, juvenile delinquency proceedings are civil (not criminal) matters. However, a magistrate or judge has vast discretion in deciding the best treatment plan or disposition for a child. For example, under some circumstances a judge or magistrate might determine that a child should be placed in the custody and care of the Department of Corrections. Disposition alternatives can range from informal probation all the way to the Department of Corrections.
Pursuant to Indiana Code 31-37-1-2, a child commits a delinquent act if, before reaching the age of eighteen years, the child commits an act that would be an offense if committed by an adult, except an act committed by a person over which the juvenile court lacks jurisdiction. Pursuant to Indiana Code 31-37-2-1, a child is deemed a delinquent child if the child (1) commits a delinquent act, (2) needs care, treatment or rehabilitation that (a) the child is not receiving, (b) the child is unlikely to accept voluntarily, and (c) is unlikely to be provided or accepted without the coercive intervention of the court.
If a child is detained (i.e. the Allen County Justice Center; a.k.a ACJC), the State must file a petition alleging the delinquent act within seven days from the date the child was taken into custody. Pursuant to Indiana Code 31-37-11-2, a detained child has the right to a trial (fact-finding hearing) within twenty days after the petition was filed, excluding weekends and holidays. Fortunately, the State must prove each and every element of the alleged offense(s) beyond a reasonable doubt. Like a criminal defendant in the adult system, a juvenile has all of the same constitutional safeguards and is not required to present any evidence.
The attorneys at Arnold Terrill Anzini, P.C. understand the care and concern that parents and family members have when faced with such a situation. We strongly encourage juveniles to seek legal representation in an effort to learn all that they can about the charge(s) and possible constitutional safeguards and defenses available. Please feel free to contact our office with any questions you might have and we will be pleases to assist.
