Juvenile Division

Our juvenile division works in much the same way as the adult criminal division does, in that we review reports from numerous agencies to determine what if any charges should be filed against a juvenile. Juvenile’s can commit status offenses and delinquent offenses. Status offense(s) are those where a child is alleged to have violated the curfew law, the compulsory school attendance law, certain offense(s) involving alcohol or fireworks, incorrigibility and leaving home without permission. Delinquent offense(s) include some misdemeanor traffic offenses and any offense that if committed by an adult would be a crime. Juveniles are referred to as “child” and not “defendant.”

In certain circumstances the juvenile court does not have jurisdiction over juveniles even though the child is less than 18. An example of this would be if the child is charged with an ordinance violation or an infraction.

If the child is at least 16 years of age and under 18 years of age when any of the following offense(s) occur the case must be filed directly with the court having adult jurisdiction:

  • Murder
  • Attempted Murder
  • Kidnapping
  • Rape
  • Criminal Deviate Conduct
  • Robbery while armed with a deadly weapon
  • Robbery resulting in bodily injury or serious bodily injury
  • Carjacking
  • Criminal gang activity or Criminal gang intimidation
  • Carrying a handgun without a license (if charged as a felony)
  • Children and Firearms (if charged as a felony)
  • Dealing in a sawed-off shotgun
  • Manufacturing or Dealing in Cocaine, Narcotics, Methamphetamine or Schedule I, II, III, or IV Controlled Substance (if the juvenile has a prior unrelated conviction under I.C. 35-48-4-1, 35-48-4-1.1, 35-48-4-2, or 35-48-4-3 or the juvenile has a prior unrelated juvenile adjudication, that if committed by an adult, would be a crime under I.C. 35-48-4-1, 35-48-4-1.1, 35-48-4-2, or 35-48-4-3)
  • The child is charged with a felony and has previously been waived to adult court.

Additional information on Juvenile Law and Court Procedures can be found

@ http://www.scican.net/~morgansup2/55d2.html