My 13 Year Old Daughters Juvinile Court Case

What is the name of your state? Indiana
My daughter is 13 and we live in Fort Wayne, Indiana. She has no prior arrest record. She was arrested and put in the local juvinile detention center here in Allen County Indiana for charges of theft which if she were an adult would be a class D felony. The charges are based only on the word of a 10 year old boy (whose mother claims he is autistic and therefore can not lie.) and a 6 year old boy. The 10 year old claims she stole his cell phone. No phone was ever found. Everything is based on the word of these 2 boys.
She claims she did not take the phone and I believe her because just moments before she came home I saw here together with both these boys because I went to go tell her to come home and they were sad to see her have to leave. They actually wanted her to stick around with them. Not to mention she was always in my sight from the time she came home a min. or so later until the police arrived at our home and no cell phone was ever found on her person, or in any other place she had been since returning from spending time with these boys. She is now awaiting court, has to be in at 8pm everyday as a condition of the probation she is on at least till she goes to court in December. My question is how can the prosecutor even think they have a case? How did the police have a right to take her and lock her up with no proof she'd even done anything? She has a public defender but he has not really talked to us yet. This is not only punishing my daughter for something she did not do, but also I am going through hell. I can not leave her alone for one second now for fear someone is going to lie about her again. I can not leave at night when she sleeps as I have to be here (I am a single father) to answer the phone or let probation in to see that she is indeed in after 8 pm and they can come here or call at any hour of the night. I am willing to do this because I believe in my daughters innocence, but it really is a big hassle for us both. Also the prosecutor offered my daughter a plea deal at the last court hearing of 16 hours community service, continue counseling she is in already for personal reasons, and unsupervised probation till the end of community service and she'd have had no criminal record at all. My daughter rejected the deal and I agreed. She doesn't feel she should plea to something she did not do. Let me know what you think of this case.What is the name of your state?

kurtjkemp2007 said:

My question is how can the prosecutor even think they have a case?

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Uhhhhh... because they have TWO witnesses??
DOH!!!

How did the police have a right to take her and lock her up with no proof she'd even done anything?

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Because they had a complaint filed against her.

She has a public defender but he has not really talked to us yet.

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Why not?? Why have YOU not contacted the PD??

Let me know what you think of this case.

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It doesn't matter what we think. The ONLY opinion that matters at this point is the prosecutor... as to whether to dismiss or not. If 'not', then the only NEXT opinion that matters is the court.
Your opinion is just like ours.... it doesn't matter.

Originally Posted by kurtjkemp2007

I said: My question is how can the prosecutor even think they have a case?

Jetx You said:
Uhhhhh... because they have TWO witnesses??
DOH!!!

I replied: I understand that. It's just wrong I think that someone can be locked up because anyone just says something. If doing this was acceptable then anyone could put anyone in jail just because they wanted to. Are you saying anyone can lie and have someone put in jail. It especially worries me that society has gotten to the point that we believe the word of a child enough without evidence at all of a crime to put another child in jail.

Quote:
I said: How did the police have a right to take her and lock her up with no proof she'd even done anything?

Then you said: Because they had a complaint filed against her.

My reply is: I know that obviously. Then we had a hearing to see if there was enough evidence to proceed. My question here I guess is how do they come to that conclusion? What is the leval of proof needed to hold someone over for a trial?

Quote:
Then I said: She has a public defender but he has not really talked to us yet.

You said: Why not?? Why have YOU not contacted the PD??
My answer is : I have contacted the Public Defender...he just has not said much to us about the case. We meet with him 1 week prior to the trial.

Quote:
Then I said: Let me know what you think of this case.

You saidL It doesn't matter what we think. The ONLY opinion that matters at this point is the prosecutor... as to whether to dismiss or not. If 'not', then the only NEXT opinion that matters is the court.
Your opinion is just like ours.... it doesn't matter.

My reply to this is: I understand that nobody's opinion counts but the judge and the prosecutor. I just wanted to know what people thought. What is wrong with wanting to know what people think of this case? Last time I checked we live in a democracy and live by laws and each of us has rights...including the right to say something when I think something is messed up. The way this works is really messed up. My opinion and it doesnt have to be yours...thats cool. I just want opinions and ideas about the case. Like what are the chances someone gets convicted of a crime based on only witness testimony of children? I never have heard of a person being convicted on only someones word. If this is possible then isn't that just a little f'd up?

FYI if I was to try and press charges for something like this happening to my daughter in this city (real things not made up) and the police would do absolutely nothing. I have several personal examples of how messed up our legal system here in Fort Wayne Indiana is that I could point to and plenty of honest trustworth witnesses that are adults who know what I am saying is true. Especially the police and prosecutors office. Soon as this is over we are moving out of Fort Wayne! Once again it's just my feeling about this particular issue but I think maybe just maybe the legal system just wants to get paid!