Drug text and 17 year old

[kra123]

I'm in Indiana. My 17 year old who has never been in trouble was trying to show off to friends about knowing where to get lortabs and the text was shown to police. She is only guilty of being stupid and sending text to fit in. She hasn't ever done anything regarding drugs. She only sent text. I now have received a letter from the prosecutor's office to come for an informal interview for 30 minutes. Do I need to bring an attorney? How much trouble could she be in? I'm freaked out.

 

[Just Blue]

I'm in Indiana. My 17 year old who has never been in trouble was trying to show off to friends about knowing where to get lortabs and the text was shown to police. She is only guilty of being stupid and sending text to fit in. She hasn't ever done anything regarding drugs. She only sent text. I now have received a letter from the prosecutor's office to come for an informal interview for 30 minutes. Do I need to bring an attorney? How much trouble could she be in? I'm freaked out.

Yeah...Bring a Criminal Defense Attorney.

 

[CdwJava]

While it might not be a bad idea to consult an attorney, I suspect that this is am informal ass-chewing session and not a prelude to prosecution. Absent some other act or some form of corroboration that your daughter was conspiring to sell drugs, there is no real case here. And no competent prosecutor would meet for an "informal" sit-down with an unrepresented defendant if they intended to prosecute.

We often have these sit-downs here, and they are euphemistically referred to as "DA Diversion." The kid sits down with the DA and the DA reads them the riot act and explains why this is a bad idea and what COULD happen in such a situation. The hope being that the kid will get a clue as to the gravity of the situation and straighten out.

 

[Indiana Filer]

Your daughter is probably going to take part in a Preliminary Inquiry. In this meeting, your and your daughter will meet with a probation officer who will interview your daughter concerning the alleged offense. Your daughter has the right to remain silent, or can choose to speak to the officer to give her side of the story. The PO will write up a report for the Prosecutor's Office telling what the juvenile said, and also giving background information on your daughter and the family. The PO will recommend how the Prosecutor's Office should handle the case, which would be to dismiss the case, refer the child to another agency, file a formal Petition Alleging Delinquency, or to allow the child to complete a Program of Informal Adjustment. An Informal Adjustment is like a Pre-Trial Diversion for juveniles.

To find out what all happens in juvenile court in Indiana, read the document at this link:
http://www.co.monroe.in.us/tsd/Documents.aspx?Command=Core_Download&EntryId=3813

 

[CdwJava]

Interesting that they would be called to the prosecutor's office for such a thing. The process here would be a meeting at the Probation Department, not the DA's office.

 

[Indiana Filer]

Interesting that they would be called to the prosecutor's office for such a thing. The process here would be a meeting at the Probation Department, not the DA's office.

I'm betting it's with the probation department, not the prosecutor's office. As I said above, we juvenile probation officers are the ones who do the Preliminary Inquiries in Indiana.

 

[Antigone*]

I might also suggest that mom take off the rose-colored glasses.