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  1. #1
    Join Date
    Apr 2010
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    9

    Default Violation of Juvenile Probation

    My question involves criminal law for the state of: Indiana

    Are juveniles assigned public defenders for Probation Violation hearings? Do they need a PD/attorney for that?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Violation of Juvenile Probation

    They may qualify for a public defender based upon their family's means and the seriousness of the charge; whether or not they will isn't something we can answer in the abstract. Most people facing probation violation proceedings benefit from consulting counsel.

  3. #3
    Join Date
    Apr 2010
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    9

    Default Re: Violation of Juvenile Probation

    Thanks for the response.

    We were originally paying for an attorney back when he was put on probation, so the court definitely knows we have the means....

    There is no new charge, it is violation for not following rules of probation (or maybe that is a charge, I'm not sure of the terminology).

    The situation is we're...sort of done with paying for lawyers when the kid has problems following some pretty simple rules.

    But if we don't pay for an attorney when we have the means to, is that going to mean that he will not receive any counsel at all?
    (Before you say it, he doesn't have the money to retain his own counsel by the way. I know, that would be the best response)

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation of Juvenile Probation

    If he is a minor, your means will be the ruler by which his worthiness for a public defender is measured.

    If you are viewed as capable to pay, a public defender will not be made available.

  5. #5
    Join Date
    Apr 2010
    Posts
    9

    Default Re: Violation of Juvenile Probation

    Ok.

    And is a judge going to allow for a hearing to go ahead if a juvenile doesn't have any representation and hasn't had any legal advice? Or are they going to postpone things until we supply that...?

    Thanks.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation of Juvenile Probation

    Quote Quoting shase
    View Post
    Ok.

    And is a judge going to allow for a hearing to go ahead if a juvenile doesn't have any representation and hasn't had any legal advice? Or are they going to postpone things until we supply that...?

    Thanks.
    That may depend on the charge faced.

  7. #7
    Join Date
    Apr 2010
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    9

    Default Re: Violation of Juvenile Probation

    Quote Quoting cyjeff
    View Post
    That may depend on the charge faced.
    Ok, well as I said, the hearing is about violating the conditions of probation rather than a new criminal charge, if that makes any difference...

  8. #8
    Join Date
    Mar 2007
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    9,096

    Default Re: Violation of Juvenile Probation

    what was the original charge?

  9. #9
    Join Date
    Apr 2010
    Posts
    9

    Default Re: Violation of Juvenile Probation

    Quote Quoting cyjeff
    View Post
    what was the original charge?
    Battery, misdemeanor.
    Alcohol was involved in that, alcohol is one of the violation problems now...

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Violation of Juvenile Probation

    I can't give you legal advise...

    But I can say if he's a juvenile, on probation, the original incident had alcohol involved, and he's violated probation by drinking....I think counseling/AA is a good idea...and very, very strict parental supervision. Seriously, loss of privileges, etc. You have already said he won't follow simple rules - you need to step up and enforce those rules. Or let him go to Juvy for a while.

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