Understanding Juvenile Delinquency in Indiana: Laws, Process, and Consequences
Juvenile delinquency is a serious issue that can have lasting effects on a child's future. Parents and guardians often feel overwhelmed when their child is accused of a delinquent act, unsure of what to expect from the legal process.
Unlike adult criminal cases, Indiana’s juvenile justice system is designed with a focus on rehabilitation rather than punishment. However, that does not mean there are no serious consequences. Understanding how juvenile court differs from adult court, what penalties juveniles may face, and what rights they have is essential for any family navigating this complex system.
📞 If your child is facing a juvenile delinquency case, call Vining Legal at (317) 759-3225 or schedule a consultation.
What is Juvenile Delinquency in Indiana?
Juvenile delinquency refers to acts committed by minors under the age of 18 that would be considered crimes if committed by an adult. These cases are handled in Indiana’s juvenile justice system, which operates separately from the adult criminal court system.
Under Indiana Code 31-37, juvenile delinquency can involve:
✅ Delinquent acts: Actions that would be considered crimes if committed by an adult (e.g., theft, vandalism, battery).
✅ Status offenses: Acts that are only illegal for minors, such as truancy, curfew violations, and underage drinking.
🚨 Example: A 16-year-old caught stealing from a store would face juvenile delinquency charges for theft, while a 16-year-old caught drinking alcohol would be charged with a status offense (Minor in Possession - MIP).
💡 Key Takeaway: Juvenile delinquency includes both criminal behavior and status offenses unique to minors.
Key Differences Between Juvenile and Adult Court in Indiana
Many people assume that juveniles go through the same court process as adults, but Indiana law treats juvenile cases differently. Here are the major differences:
1. Goals of the System
Adult Court: Punishment and deterrence.
Juvenile Court: Rehabilitation and intervention.
The juvenile justice system focuses on rehabilitation, providing minors with the opportunity to change their behavior through counseling, education, and community service.
The goal is to prevent minors from entering the adult criminal system in the future.
Adult vs. Juvenile Justice Systems
2. Different Terminology
Juvenile cases use different legal terms than adult cases:
| Adult System | Juvenile System |
|---|---|
| Crime | Delinquent Act |
| Arrest | Taken into Custody |
| Trial | Fact-Finding Hearing |
| Conviction | Adjudication |
| Sentence | Disposition |
🚨 Example: A juvenile does not receive a conviction but is instead adjudicated delinquent if found responsible for an offense.
💡 Key Takeaway: Juvenile court is structured differently and uses language emphasizing rehabilitation rather than punishment.
3. Confidentiality and Sealed Records
Juvenile records are typically confidential, meaning they are not accessible to the public like adult criminal records.
In some cases, juvenile records can be expunged (removed) once the minor reaches adulthood.
🚨 Exception: If a juvenile is charged as an adult for a serious crime, the case may become public.
💡 Key Takeaway: Juvenile cases are kept private, giving minors a better chance at rehabilitation without a permanent criminal record.
4. No Right to a Jury Trial
Juvenile defendants do not have the right to a jury trial. Instead, a judge decides the case in a fact-finding hearing.
Juveniles DO have the right to:
An attorney
Remain silent
Cross-examine witnesses
Present evidence in their defense
🚨 Example: If a minor is accused of shoplifting, their guilt or innocence will be decided by a judge, not a jury.
💡 Key Takeaway: Juvenile trials are bench trials, meaning only a judge decides the case.
5. Potential Consequences of Juvenile Delinquency
Juveniles who are adjudicated delinquent can face a range of penalties, depending on the severity of the offense.
✔️ Informal Adjustments (Diversion Programs): First-time, non-violent offenders may receive counseling, probation, or community service instead of formal charges.
✔️ Probation: The minor is placed under supervision and must follow court-ordered rules.
✔️ Restitution: The minor must pay for damages caused to a victim (e.g., paying for stolen or damaged property).
✔️ Community Service: The minor must complete a certain number of volunteer hours.
✔️ Juvenile Detention: For serious offenses, the minor may be placed in a juvenile detention center or even a juvenile correctional facility.
✔️ Waiver to Adult Court: For serious violent crimes (e.g., homicide, armed robbery), a minor may be charged as an adult and face adult penalties.
🚨 Example: A juvenile convicted of burglary may receive probation and community service, while a juvenile convicted of armed robbery could be tried as an adult and sentenced to prison.
💡 Key Takeaway: Juvenile court prioritizes rehabilitation, but serious offenses can result in detention or adult charges.
What Happens After a Juvenile is Arrested?
1️⃣ Detention Hearing: A judge determines whether the juvenile should be released or remain in detention.
2️⃣ Fact-Finding Hearing: The prosecutor presents evidence to prove the delinquent act occurred.
3️⃣ Disposition Hearing: If found delinquent, the judge imposes a penalty, such as probation, counseling, or detention.
4️⃣ Rehabilitation & Follow-Up: The juvenile may be required to complete programs aimed at behavioral change.
🚨 Example: If a 15-year-old is caught vandalizing property, they may receive probation, counseling, and restitution instead of jail time.
💡 Key Takeaway: Juvenile court hearings are structured differently from adult trials and focus on rehabilitation.
Why You Need a Juvenile Defense Attorney
✔️ A lawyer can negotiate for alternative sentencing, such as diversion programs.
✔️ They can challenge weak evidence and improper police procedures.
✔️ An experienced attorney can work toward record expungement to protect the child’s future.
📞 If your child is facing a juvenile delinquency case, call Vining Legal at (317) 759-3225 or schedule a consultation.
Conclusion: Understanding Juvenile Delinquency in Indiana
✔️ Juvenile court is different from adult court and prioritizes rehabilitation.
✔️ Penalties range from probation and counseling to detention or adult charges.
✔️ A skilled attorney can protect a child’s rights and future.
📅 Need legal advice? Schedule a consultation today.