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If Your Child Is Arrested
What To Do If Your Child Is Arrested
There can be few more frightening or intimidating telephone calls that a parent can receive than one saying that his or her child has been arrested. The first reaction of most parents is to panic. What is a parent to do? The first, and seemingly hardest, task is to avoid giving in to that panic. Your child needs your help now, as much as at any other time in his or her life. Panicking helps neither of you. To help you and your child in this most difficult time, you should consult an experienced juvenile defense attorney.
If you have questions about Indiana Juvenile Matters, contact a Indiana criminal defense lawyer now!
The second task is to keep the disciplinarian in you from clouding your judgment. Many parents of children who are arrested for relatively minor offenses, such as vandalism or shoplifting, are inclined to let the justice system "teach a lesson." Although all children need discipline, a child who is under arrest faces a system that is going to be far more frightening and intimidating than any he or she has ever encountered before. Your child needs your support.
What Happens Now?
After a child is arrested, the officer in charge decides whether the child should be held in custody and charged, released, or transferred to another program. This decision is based on information obtained from the victims of the crime, statements, or admissions made by the child or the child's parents, any past records the child has in the system-in short, on any information available to the officer.
Nearly half of all juvenile court cases are heard informally. Most of these cases end up being dismissed with an "informal disposition." This happens when the child admits guilt and agrees to settle the charges by meeting requirements set by the court. Among these requirements may be:
- Restitution?the child is required to reimburse the victim for property damage he or she caused;
- Community service?the child is required to spend a certain number of hours working in the community without pay;
- School attendance?the child is required to attend school regularly, and make satisfactory grades; or
- Counseling?the child is required to participate in counseling for drug or emotional problems.
Although the hearing is called "informal," it is a serious manner, with potentially severe consequences. Legal representation is important at this stage of the proceedings. Before the hearing, you should consult an experienced juvenile defense attorney.
When the requirements are set, and all of the parties agree, the child will be placed on probation while he or she meets the obligations set by the court. During this probation time, the child will be monitored by a probation officer. After all of the requirements are met, the case will be dismissed. If the child fails to meet all of the requirements set, he or she may have to face a formal hearing.
If a formal hearing is necessary, a decision will be made as to how the case will be heard. In many states, a formal hearing may be held in either juvenile or criminal court. The prosecutor usually has the discretion to decide where the case will be tried. Most cases involving juveniles will be heard in juvenile court. Many states have laws that require some especially serious offenses to be tried in criminal court.
Conclusion
A juvenile arrest is a serious matter, and needs to be dealt with seriously. Accordingly, if your child has been arrested, now is the time to consult an experienced juvenile defense attorney.
If you have questions about Indiana Juvenile Matters, contact a Indiana criminal defense lawyer now!
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Garrison Law Firm
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Indianapolis, IN 46250
(317) 572 7717
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