Juveniles Tried as Adults in Indiana

Indiana uses automatic adult-court jurisdiction and judicial waiver. Youths 16 or 17 charged with attempted murder, murder, kidnapping, rape, armed robbery or robbery causing injury, or certain felony firearm offenses, along with joined charges, are prosecuted in adult court. On the prosecutor's motion, the juvenile court must waive a child 12 or older charged with murder, and a child 16 or older charged with a Level 1-4 felony (other than drug felonies) or certain other felonies, unless remaining in the juvenile system is in the child's and the community's best interests; it must waive any child charged with a felony who has a prior felony or nontraffic misdemeanor conviction. It may waive a child 14 or older charged with a heinous or aggravated felony (or one in a repetitive pattern) who is beyond rehabilitation, and a child 16 or older charged with a drug felony, when adult trial serves community safety.

Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)

Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.