When a child is approached about a criminal investigation or arrested, most parents feel shocked, scared, and unsure of what happens next. Many families assume the case will be handled quietly in juvenile court. That is not always true. In Indiana, children can face serious consequences, including adult charges in certain situations.
At Eskew Law, we help families understand how the juvenile justice system works, what makes a teen eligible for adult court, and the steps to take immediately. If your child has been arrested or is under investigation, speaking with an Indianapolis criminal defense attorney early can make a major difference.
Why Juvenile Cases Are Different From Adult Cases
The juvenile justice system is structured differently from the adult criminal court system. Juvenile court focuses more on rehabilitation, education, and long-term behavior change. The adult court focuses more on punishment and public safety.
That difference affects the entire case, including the hearings involved, the penalties available, and whether your child ends up with a permanent record. Eskew Law can explain which court your child is likely to face and what outcomes may be possible.
What Counts As A Juvenile Case In Indiana
In Indiana, juvenile court generally handles cases involving minors under age 18. These cases are not called “crimes” in the same way adult cases are. They are typically referred to as “delinquent acts.”
A delinquent act is behavior that would be a crime if an adult did it, such as theft, battery, marijuana possession, disorderly conduct, or vandalism. Although the terminology differs, the situation remains serious. A juvenile case can lead to detention, probation, strict court supervision, and long-term consequences.
Juvenile Court Process: What Parents Should Expect
Juvenile cases typically move through the system faster than adult cases. The court may act quickly to intervene early.
Common Stages In A Juvenile Case
Most juvenile cases include:
- Intake or referral
- Initial hearing
- Fact-finding hearing (similar to a trial)
- Disposition hearing (similar to sentencing)
The court may also order evaluations, counseling, drug testing, or school-related requirements. An experienced criminal defense attorney can help you understand what the court expects, how to avoid mistakes that can worsen the case, and how to take proactive measures that could aid in a favorable disposition.
What Happens If A Child Is Charged As An Adult
This is where many families are caught off guard. Indiana law allows some children to be waived and prosecuted in adult court depending on age, the alleged offense, and the prosecutor’s discretion.
Adult charges are life-changing. They expose children to adult penalties and potentially a permanent criminal record.
Key Differences Between Juvenile And Adult Charges
The differences are not only legal. They are personal and long-term.
Penalties Are More Severe
In juvenile court, the goal is to rehabilitate. In adult court, the focus is punishment. Adult penalties can include jail or prison time, adult probation, and felony convictions.
Records Are More Permanent
Juvenile records may be sealed or treated differently than adult records. Adult convictions can follow someone for life. This can impact college admissions, financial aid, employment, housing, and professional licensing.
The Court Environment Is Different
Juvenile court tends to be less formal and more focused on services. Adult court is far less forgiving. Eskew Law has experience in both realms and can guide you and your child through either system making things less overwhelming.
When Can A Teen Be Tried As An Adult In Indiana
Indiana has laws that allow adult prosecution for certain offenses, especially violent crimes. A prosecutor may file a motion to waive a juvenile into adult court. In some cases, adult court is automatic based on the charge and age.
Factors That Can Lead To Adult Charges
A child may face adult charges when the allegation involves:
- Serious bodily injury
- Use of a weapon
- A violent felony accusation
Even when adult charges are possible, a strong legal defense can sometimes keep the case in juvenile court. That is why early representation matters.
Common Charges That Children Face
Children can be charged for many of the same offenses as adults. Some are handled as juvenile matters. Others can lead to adult prosecution.
Common allegations include theft, fights at school, vandalism, trespassing, underage drinking, and marijuana-related accusations. Additionally, child pornography allegations are on the rise due to the use of social media to exchange inappropriate photos.
School Discipline And Criminal Charges Can Happen At The Same Time
A major issue for children is that the criminal court is not the only problem. Schools often impose harsh discipline even before the case is resolved.
A child may face:
- Suspension or expulsion
- Removal from sports and extracurriculars
- Alternative school placement
This can harm a child’s future even if the criminal case is later dismissed. We often help families coordinate legal strategies to reduce both school and court consequences.
How Parents Can Help Their Child Right Away
What you do in the first 24 to 72 hours matters.
Steps To Take Immediately
- Do not let your teen talk to the police alone
- Do not assume the case is minor
- Call an attorney early
A child can accidentally say something that becomes evidence. Even a simple explanation can be used against them. Working with an experienced criminal defense attorney early can protect your child and improve the outcome.
What Outcomes Are Possible In Juvenile Cases
Not every juvenile case ends in detention or long-term supervision. There may be options that protect a child’s future. Depending on the facts, the court may allow informal adjustment, diversion programs, counseling-based outcomes, or probation with reduced conditions. In some cases, the allegations may be dismissed or reduced.
We focus on protecting your child’s record and long-term future whenever possible.
Why Families Work With Eskew Law
At Eskew Law, we know that juvenile cases are not only legal problems. They are family crises. Parents want answers. Kids need guidance. The court expects compliance and structure.
We help families develop a defense strategy to protect their child’s future. That includes challenging weak evidence, negotiating for diversion, and, when possible, fighting to keep the case in juvenile court.
Talk To A Criminal Defense Attorney Today
If your child has been arrested, is being investigated, or is facing school-related criminal accusations, contact Eskew Law as soon as possible. We will help you understand your options and build a plan.
When your child needs an experienced criminal defense attorney, our team is ready to help.
