• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

criminal misdemeanor indiana

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jonivg

Junior Member
undefinedWhat is the name of your state? Indiana

we live in a small town of 4,000, so most criminal charges are issued through the county (elkhart) - my son has a summons to appear on 3/04/05 to answer to criminal misdemeanor charges that took place around 12/11/04. our local police found some graffiti (probably, first ever) on some street signs in town.

previously, my son has faced criminal misdemeanor as a juvenile but has now turned 18. some additional charges are going to be processed in which the prosecutor is requesting the charges be handled in adult court rather than as a juvenile.

what suggestions can you give me to help my son? also, i was told there are four counts of criminal dismeanor because of four signs being damaged - who decides how many counts there are? also, he has adhd, impulsivity, etc - can this help? sorry, i am lost in the legal department - can any one help?

sincerely,

jonivg
 


rmet4nzkx

Senior Member
The police will investigate, cite and pass it on to the DA office who will then decide how to charge. Depending on the facts and the community they may be open to a plea bargin or some sort of defered sentence or some sort of diversion program, most likely, you will need an attorney for that.

Please understand that you son is an adult now and responsible as an adult. He also has a history of criminal activity as a minor.

It is significant that he has not learned appropriate behavior as a minor and even commiting crimes heretofor unheard of in your community, so he can't claim to be influenced by others.

While he may have a psychiatric history, that may provide insight in how to proceed but it is not a get out of trouble ticket.

Is he on medication or receiving treatment? Has he completed high school and what is his school record?

This happened several months ago, yet you haven't posted here about him ever, have you retained counsel for him yet, if so, what does his attorney say?
 
S

seniorjudge

Guest
Q: what suggestions can you give me to help my son?

A: See the prior poster's answers.


Q: also, i was told there are four counts of criminal dismeanor because of four signs being damaged - who decides how many counts there are?

A: Your son. Each time he commits a crime, that will be a new count.


Q: also, he has adhd, impulsivity, etc - can this help?

A: No, because he knows the difference between right and wrong.
 

jonivg

Junior Member
criminal misdeamor indiana

undefined

we will be meeting with a public defender this week - since on disability, minimal funds for legal fees - my son will graduate from high school end of may, 2005.

previously, i have not posted about my son - i thought public defender would suffice - he was charged with 7 counts of criminal misdemeanor for smashing mail boxes with two other boys last year. (total monetary damage: $9.00) a count was applied for each mailbox. he served 70 hrs community service plus 6 mos probation. during probation, caught at a party with alcohol consumption - so additional charges. also, two truancy charges from 5th and 8th grade were mentioned by the probation officer.

although, the incident happened two months ago, we were told that a public defender could not be used until an actual summons was issued by the court which occurred last week.

i do not expect a free out of jail ticket for his behavior - i do want him to graduate from high school.

thank you for your info.
 
S

seniorjudge

Guest
although, the incident happened two months ago, we were told that a public defender could not be used until an actual summons was issued by the court which occurred last week.

That is correct.

And you are welcome.
 

jonivg

Junior Member
undefined

forgot to mention: currently, he is going to school fulltime - no problems with truancy.

after trying various medications over a period of five years, side effects too much - currently, no medications.

no longer in counseling.
 

rmet4nzkx

Senior Member
When you see the public defender, ask about a psychiatric evaluation, especially since medications don't help and he is not on counseling, if he is already on disability is it for SED or DD diagnosis? Has he been evaluated for Asperger's?
 

jonivg

Junior Member
undefined

just a side note: do you think i could send my boy back to the hospital and get a new one or is it to late?

sincerely,

jonivg
 

jonivg

Junior Member
undefined

initially, tested for learning disabled - borderline on written expression and math; then tested emotionally disabled - qualified for IEP. he tests high in some areas so school really fought to keep him out of IEP.

currently, he receives benefits because of my own disability - not his.

thank you!
 

rmet4nzkx

Senior Member
jonivg said:
undefined

just a side note: do you think i could send my boy back to the hospital and get a new one or is it to late?

sincerely,

jonivg
I understand your frustration. You know the answer.
 

rmet4nzkx

Senior Member
jonivg said:
undefined

initially, tested for learning disabled - borderline on written expression and math; then tested emotionally disabled - qualified for IEP. he tests high in some areas so school really fought to keep him out of IEP.

currently, he receives benefits because of my own disability - not his.

thank you!
It is very important to get him qualified for disability on his own, Please check out Aspergers, it is very frustrating and likely a small town would not catch it go to http://www.faaas.org see if this sounds familar? often they test with some high and some low scored and may not be able to abstract so they don't understand the consequences of their actions while they may know all the rules.
 

jonivg

Junior Member
undefined

i have just checked out the site for Asperger's Syndrome - this is the first time i've heard of this disorder - there are certainly some similarities that apply -

my son's original diagnosis started with ADD, ADHD, at age four and by age twelve included obsessive - compulsive disorder, possiblity of bi-polar; depression. it's difficult to know what his true diagnosis should be without a physical test rather than subjective tests used in the mental health field.

thank you!

joni
 

january_32

Junior Member
Retail Theft

My husband was 17 yrs. old when he was arrested for a retail theft together with his friends for the amount of $3.00 stuff in a retail store. There was no court hearing or anything. But the Police Dept. took his fingerprints during that time and he was asked to pay around $40.00 as fine. Now, he is 40 years old and just finished his degree. A certain public school in AZ wants to hire him for a teaching job and now he is in the process of his application for fingerprints card clearance in AZ Department Public Safety. We are worried so much maybe he will be denied for his teaching application job in that public school once they will find out his 22 yrs old criminal history record. Or would he be denied for a fingerprint card clearance due to his criminal record and would not be hire for a teaching job?Please help me! thanks alot.

Godbless!
january_32
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top