WEBVTT STYLE ::cue { color: white; background-color: #383943A3; } 00:00:00.600 --> 00:00:01.319 Hello. 00:00:01.809 --> 00:00:04.228 I'm Magistrate Michael Douglass. 00:00:04.718 --> 00:00:10.638 If you are the parent or guardian watching this video, the information being provided is important for you 00:00:10.638 --> 00:00:11.665 to understand as well. 00:00:11.915 --> 00:00:15.235 Throughout this video, I will be speaking to your child directly. 00:00:15.385 --> 00:00:21.736 However, it is important that "you" also fully understand these advisements and rights explanations. 00:00:21.986 --> 00:00:23.541 Please pay close attention. 00:00:24.031 --> 00:00:30.511 When your child appears before the judge or magistrate, you may be required to answer questions or provide 00:00:30.511 --> 00:00:32.778 information pertaining to your child's case. 00:00:33.348 --> 00:00:39.668 As the parent or guardian, your complete understanding of these matters is crucial, so make sure to listen 00:00:39.668 --> 00:00:42.118 carefully to everything I am about to explain. 00:00:43.608 --> 00:00:50.168 If you are the "child", you are here today because the State of Indiana has filed a petition alleging 00:00:50.168 --> 00:00:54.792 that you committed a delinquent act that is a crime when done by an adult. 00:00:54.942 --> 00:01:00.132 The Court has reviewed the allegations and has authorized the filing of the petition. 00:01:00.542 --> 00:01:05.723 Both you and your parent or guardian should have received a copy of the petition the State has filed. 00:01:06.033 --> 00:01:09.379 Please tell the Court staff if you did not receive the petition. 00:01:09.869 --> 00:01:16.109 The petition outlines the allegations that you, the child, committed a delinquent act, which the Court 00:01:16.109 --> 00:01:17.117 will explain later. 00:01:17.427 --> 00:01:21.900 It is crucial that you understand the nature of these allegations made against you. 00:01:22.390 --> 00:01:28.790 The purpose of this video is to advise you and your parent or guardian of certain rights and the nature 00:01:28.790 --> 00:01:31.380 of the allegations in the petition filed by the State. 00:01:32.566 --> 00:01:38.485 If you have any reason to believe that you qualify under federal law as an Indian Child, please let the 00:01:38.485 --> 00:01:39.160 court know. 00:01:39.650 --> 00:01:47.170 This means that you are either a member or eligible to be a member of a Native American tribe or Alaskan 00:01:47.170 --> 00:01:48.071 Native Village. 00:01:48.561 --> 00:01:53.894 If this applies to you, please notify the Court when you appear before the judge. 00:01:55.260 --> 00:02:01.580 Because the State has filed a petition alleging that you committed a delinquent act, you are entitled to 00:02:01.580 --> 00:02:03.250 certain rights under the law. 00:02:03.640 --> 00:02:08.346 It's important that you fully understand these rights as your case moves forward. 00:02:08.936 --> 00:02:10.623 I will now explain them to you. 00:02:12.153 --> 00:02:14.839 You have the right to be represented by an attorney. 00:02:15.089 --> 00:02:21.312 You may choose to hire your "own" attorney or you can ask the judge to provide you with an attorney. 00:02:21.712 --> 00:02:28.112 If the Court appoints you an attorney, the attorney will be provided to you without any cost to you or 00:02:28.112 --> 00:02:28.841 your family. 00:02:30.673 --> 00:02:35.889 You may "waive" or "give up" your right to an attorney, but only if certain conditions are met. 00:02:36.379 --> 00:02:39.727 You must knowingly and voluntarily waive that right. 00:02:39.877 --> 00:02:42.233 This means you must understand what you're giving up. 00:02:42.703 --> 00:02:48.543 And, you must choose to give up your right to an attorney on your own, without anyone pressuring or 00:02:48.543 --> 00:02:50.441 forcing you to give up that right. 00:02:50.691 --> 00:02:56.771 Additionally, you must have had a meaningful opportunity to consult with your parent or guardian about waiving 00:02:56.771 --> 00:02:57.819 this specific right. 00:02:58.289 --> 00:03:04.929 This means that you need to have a real chance to talk with your parent or guardian about whether you 00:03:04.929 --> 00:03:07.536 should or should not give up your right to a lawyer. 00:03:07.946 --> 00:03:15.251 Lastly, you yourself must knowingly and voluntarily agree to waive your right to an attorney as well. 00:03:15.741 --> 00:03:21.981 All these requirements must be satisfied before your parent or guardian can validly waive your right to 00:03:21.981 --> 00:03:23.291 legal representation. 00:03:24.820 --> 00:03:30.900 Before you can waive your right to an attorney, the Court must make sure you fully understand what you 00:03:30.900 --> 00:03:33.660 are waiving, and voluntarily waive that right. 00:03:34.070 --> 00:03:40.230 If there is any possibility that these hearings could lead to your removal from your home, you must meet 00:03:40.230 --> 00:03:45.430 with an attorney before waiving the right to have an attorney, and the waiver must be stated in court 00:03:45.670 --> 00:03:47.354 "and" must be filed in writing. 00:03:49.126 --> 00:03:51.775 Additionally, your parent or guardian, 00:03:52.195 --> 00:03:56.449 or your attorney, must agree with the waiver of that right. 00:03:57.019 --> 00:04:02.859 They must have no interest adverse to you and must discuss what it means to waive that right with you 00:04:02.859 --> 00:04:03.433 privately. 00:04:04.003 --> 00:04:11.363 All these requirements must be satisfied before you and your parent or guardian can validly waive your 00:04:11.363 --> 00:04:12.983 right to legal representation. 00:04:13.553 --> 00:04:19.473 If, after all of that, you decide to waive your right to an attorney, you should know that you can change 00:04:19.473 --> 00:04:24.762 your mind and request an attorney at any time during these proceedings or at a later date. 00:04:26.286 --> 00:04:31.805 Because The state has filed a delinquency petition against you, you have certain rights in these proceedings, 00:04:31.805 --> 00:04:32.931 which I will now explain. 00:04:33.501 --> 00:04:40.541 If, after this video, you do not fully understand one or more of these rights, please let the judge 00:04:40.541 --> 00:04:40.937 know. 00:04:41.187 --> 00:04:46.707 If you have an attorney representing you, be sure to speak with them first and ask any questions you 00:04:46.707 --> 00:04:47.201 may have. 00:04:48.720 --> 00:04:55.249 You have the right to an attorney who will represent your interests, not your parent or guardians’ interests. 00:04:55.659 --> 00:05:01.019 You may hire your own attorney, or if you or your parents request it, the court will appoint one for 00:05:01.019 --> 00:05:01.908 you at no cost. 00:05:02.398 --> 00:05:08.078 You have the right to consult with an attorney and have one provided at any hearing where detention is 00:05:08.078 --> 00:05:09.020 a possibility. 00:05:10.553 --> 00:05:13.170 You have the right to remain silent. 00:05:13.640 --> 00:05:17.093 No one can force you to testify or give a statement. 00:05:17.733 --> 00:05:24.133 While you are entitled to be heard in your own defense, you should understand that anything you say can and 00:05:24.133 --> 00:05:26.862 may be used against you at a later hearing. 00:05:28.226 --> 00:05:31.653 You have the right to deny the allegations against you. 00:05:32.043 --> 00:05:38.467 You are presumed innocent unless and until the State proves the allegations beyond a reasonable doubt. 00:05:38.877 --> 00:05:44.717 If the State is unable to prove that you committed the allegations, the case will be closed and you will 00:05:44.717 --> 00:05:47.552 not suffer any further consequences from this case. 00:05:49.006 --> 00:05:52.295 In juvenile court, there is no right to a jury trial. 00:05:52.605 --> 00:05:58.087 Instead, you will have a trial called a fact-finding hearingin front of a judge or magistrate. 00:05:59.540 --> 00:06:05.418 You have the right to "see", "hear", and "question" all witnesses presented by the State. 00:06:05.888 --> 00:06:10.421 You also have the right to present your own witnesses and tangible evidence. 00:06:10.981 --> 00:06:17.461 The Court will assist you in doing so by issuing subpoenas and ordering any witnesses you want to appear and 00:06:17.461 --> 00:06:22.535 testify on your behalf, and by issuing any orders necessary to help you gather evidence. 00:06:23.973 --> 00:06:29.526 The judge will ask you later if you understand these rights and if you have any remaining questions. 00:06:30.776 --> 00:06:36.776 Now that I've explained your rights, it's also important that you know what could happen if the court finds 00:06:36.776 --> 00:06:38.729 that the allegations against you are true. 00:06:40.173 --> 00:06:46.972 If you are adjudicated a delinquent child, you may be required to participate in a program of care, treatment, 00:06:46.972 --> 00:06:48.199 or rehabilitation. 00:06:48.689 --> 00:06:55.009 That program could include community services, counseling, probation, home detention, placement in another home, 00:06:55.009 --> 00:07:00.849 placement in a non-secure or secure residential facility, detention in a secure facility, and commitment to 00:07:00.849 --> 00:07:02.404 the department of corrections. 00:07:02.814 --> 00:07:07.902 Your parent or guardian may be held financially responsible for any services provided to you. 00:07:09.500 --> 00:07:16.570 The Court has various dispositional alternatives available, from probation to placement at the Department of Corrections. 00:07:16.720 --> 00:07:22.072 You may receive a list of these alternatives - read them carefully and ask any questions if you have any. 00:07:22.482 --> 00:07:28.882 To aid the court, the probation office will submit a pre-dispositional plan, but you may also submit 00:07:28.882 --> 00:07:32.249 your own plan for your rehabilitation for the court to consider. 00:07:34.273 --> 00:07:39.803 You may admit or deny the allegations of the petition and that you are a delinquent child. 00:07:40.293 --> 00:07:46.612 If you deny the allegations, the Court will set this matter for a fact-finding hearing within sixty days. 00:07:47.182 --> 00:07:52.203 However, if you are in detention, the Court will set the matter within twenty days. 00:07:52.613 --> 00:07:56.180 Weekends or holidays are excluded from these calculations. 00:07:56.590 --> 00:08:03.630 Alternatively, if you decide to admit the allegations and that you are a delinquent child, the Court will 00:08:03.630 --> 00:08:05.462 proceed today with an admission hearing. 00:08:07.226 --> 00:08:13.546 If you wish to admit the allegations, you understand that by doing so, you are waiving or giving up all 00:08:13.546 --> 00:08:15.053 of the rights I have explained. 00:08:15.303 --> 00:08:21.143 You will not have a fact-finding hearing, and the State will not be required to present any evidence 00:08:21.143 --> 00:08:23.511 proving that you committed the allegations. 00:08:24.081 --> 00:08:27.326 You will be required to testify against yourself. 00:08:27.816 --> 00:08:33.176 If you haven't spoken with an attorney, admitting means waiving that right, and you must first talk 00:08:33.176 --> 00:08:35.087 privately with your parent or guardian. 00:08:35.337 --> 00:08:41.177 If you decide to waive your rights and admit, the judge will ask you whether you fully understand your 00:08:41.177 --> 00:08:43.534 rights and that you are giving up those rights. 00:08:44.973 --> 00:08:50.015 You have the right to discuss this matter with an attorney before deciding whether to admit or to deny. 00:08:50.265 --> 00:08:54.340 If you are asking the Court to appoint you an attorney, the Court will do so. 00:08:55.533 --> 00:09:01.001 I will now explain what will happen if you decide that you wish to admit the allegations today. 00:09:01.391 --> 00:09:06.433 You do not need to admit to the allegations today, but you will be asked later if you wish to. 00:09:06.923 --> 00:09:13.803 First, if you decide to admit to the allegations and that you are a delinquent child, you must understand 00:09:13.803 --> 00:09:15.321 and agree to the following: 00:09:15.811 --> 00:09:21.272 1, No one may threaten you or promise you anything to get you to admit. 00:09:21.922 --> 00:09:22.358 2. 00:09:22.748 --> 00:09:26.710 Your admission must be of your own free will and be voluntary. 00:09:27.040 --> 00:09:27.460 3. 00:09:27.850 --> 00:09:32.970 If you admit to the allegations and that you are a delinquent child, you must understand that the Court 00:09:32.970 --> 00:09:38.650 could move to immediate disposition or set this matter for a subsequent hearing, after a report has been 00:09:38.650 --> 00:09:39.870 filed by Probation. 00:09:41.226 --> 00:09:46.278 If you intend to admit to the allegations, the judge will ask that a factual basis be made. 00:09:46.848 --> 00:09:53.248 A factual basis is a process where the facts that led to the filing of the delinquency petition are 00:09:53.248 --> 00:09:56.188 read out loud or stated in court for the record. 00:09:56.598 --> 00:10:01.883 After the facts are read or stated in court, you will then be asked if the allegations are true. 00:10:02.373 --> 00:10:08.373 If the judge determines that a factual basis has been made and accepts your admission, the Judge then will 00:10:08.373 --> 00:10:11.351 move to adjudicate you a delinquent child. 00:10:11.601 --> 00:10:17.708 The Court will then order the probation department to prepare and file a predispositional report. 00:10:18.178 --> 00:10:23.268 The Court will also schedule a hearing at a later date to determine the disposition. 00:10:25.706 --> 00:10:31.385 The next section of this video applies only if you have been taken into custody and are currently in 00:10:31.385 --> 00:10:32.014 detention. 00:10:32.584 --> 00:10:38.730 If you are "not" presently detained, what I'm about to explain may not apply to you. 00:10:39.140 --> 00:10:45.460 If you "are" in detention, the Court must first determine whether you should continue to be detained or if you 00:10:45.460 --> 00:10:50.260 should be released, potentially with certain conditions that you and your parent or guardian will need to 00:10:50.260 --> 00:10:50.869 agree to. 00:10:52.306 --> 00:10:58.544 To continue your detention, the judge must make specific findings that at least one of the following applies: 00:10:59.134 --> 00:11:02.168 You are unlikely to appear for subsequent proceedings. 00:11:02.418 --> 00:11:05.994 Detention is essential to protect yourself or the community. 00:11:06.484 --> 00:11:12.618 Your parent or guardian cannot be located or is unable or unwilling to take custody of you. 00:11:13.108 --> 00:11:20.308 Returning you to your home is or would be contrary to your best interests and welfare and would be harmful 00:11:20.308 --> 00:11:20.786 to you. 00:11:21.356 --> 00:11:21.779 Or; 00:11:22.119 --> 00:11:27.010 you request not to be released, and you have a reasonable basis for that request. 00:11:29.020 --> 00:11:35.499 Next, if the judge determines that you should continue being detained, they must then decide where you should 00:11:35.499 --> 00:11:41.740 be held and what responsibilities, including potential financial reimbursement, your parent or guardian might 00:11:41.740 --> 00:11:42.155 have. 00:11:42.645 --> 00:11:48.805 Lastly, if the judge decides that you should be released from detention, they will determine what, if any, 00:11:48.805 --> 00:11:51.461 terms or conditions will be set for your release. 00:11:53.906 --> 00:11:59.826 As a reminder to the parent or guardian watching, if your child is adjudicated delinquent, you could 00:11:59.826 --> 00:12:05.986 be required to repay the cost of any detention, other placement for your child, court-ordered services, 00:12:05.986 --> 00:12:09.316 or a portion of those costs based on your financial situation. 00:12:09.466 --> 00:12:13.785 This will be addressed at a separate hearing regarding financial contributions. 00:12:14.195 --> 00:12:19.555 Your parent or guardian will have the opportunity to provide suggestions to the Court concerning your 00:12:19.555 --> 00:12:23.636 detention status today, as will the State and the probation department. 00:12:25.046 --> 00:12:27.324 This concludes the advisement of your rights. 00:12:27.734 --> 00:12:31.324 If you have any questions, please ask them when you are before the judge. 00:12:31.574 --> 00:12:32.294 Thank you.