Every parent wants to protect their child. When a child is facing criminal charges and juvenile detention, it can feel overwhelming. Most parents aren’t sure how to help.
The juvenile court process in Ohio is different from the adult court process. It can be complicated and confusing, with many different people involved. A Dayton juvenile defense lawyer can help you and your child navigate the court system and avoid juvenile detention.
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Overview Of Juvenile Court Process In Ohio
Juvenile criminal court cases are called delinquency cases. Though the delinquency process is similar to adult court, it is a bit different. That’s because the purpose of juvenile court is to rehabilitate children instead of punishing them.
Juvenile proceedings in Ohio start after a child is arrested or charged with an offense. If the child is arrested, there is a detention hearing the following business day to determine if they are held in detention pending their adjudication. If the child was charged but not arrested, a summons is issued commanding the child to appear in court.
After the detention hearing or summons, the court will schedule an arraignment. During the arraignment, your child will enter a plea either accepting or denying the charge. If they deny the charge, the court will schedule an adjudicatory hearing, also known as a trial.
During the trial, both sides will present evidence and the judge will decide whether or not the child is adjudicated delinquent. If the child is adjudicated delinquent, then the court will order pre-dispositional assessments in advance of the dispositional hearing. At the dispositional hearing, the court will decide on punishment and whether or not to send the child to juvenile detention.
Different Actors In Juvenile Court
There are many different people involved in a juvenile delinquency case. Throughout the court process you and your child may have contact with:
- The judge
- The prosecutor
- The defense attorney
- A guardian ad litem
- Justice involved youth liaison
- Juvenile probation officer
You should always talk with a defense attorney before speaking to anyone else about your child’s case. While you may be obligated to work with certain people, you need to make sure that you don’t say anything that could hurt your child in court.
When Is A Juvenile Charged As An Adult In Ohio?
Under Ohio law, there are certain situations when a child can be charged as an adult. The minimum age to try a child as an adult is 14 years old. In some cases it is mandatory, and in others it is discretionary. There are different rules for 14 and 15-year-olds vs. 16 and 17-year-olds.
Mandatory Transfer To Adult Court
A 14 or 15-year-old must be transferred to adult court if:
- They are charged with a category one offense and
- The child was previously adjudicated delinquent of a category one or two offense and sent to juvenile detention
A 16 or 17-year-old must be transferred to adult court if they are charged with a category one offense. If they are charged with a category two offense and have previously been adjudicated delinquent of a category one or two offense and sent to juvenile detention it also warrants mandatory transfer. Furthermore, if a 16 or 17-year-old uses a firearm to commit a category two offense the case is transferred to adult court.
Discretionary Transfer To Adult Court
A court may choose to transfer any juvenile 14 or older to adult court if they conclude that rehabilitation is not an option and public safety depends upon it.
There are many factors outlined in the code that the court must consider including:
- The child’s social history
- Education
- Family
- Mental health
- The charges and victim
- Previous juvenile cases and sanctions
- The child’s emotional maturity
- The circumstances of the offense
- If there was a firearm used
- The child was the principal actor
The court will hold a hearing where both the prosecutor and defense attorney can present their cases for or against transfer.
Alternatives To Juvenile Detention
Just because your child is charged with a crime doesn’t mean that they will be sent to juvenile detention. Since the goal of the juvenile justice system is to rehabilitate children, there are many alternatives to juvenile detention. Most judges will try to craft a disposition that includes consequences other than detention.
Some of the most common alternatives include:
- Probation
- Placement in a community-based facility
- House arrest or ankle monitoring
- Court-ordered community service
- Placement in mental health or substance abuse treatment programs
- Paying restitution
- Writing apology letters
- Undergoing cognitive or behavioral therapy
A Dayton juvenile crimes lawyer will argue for the least restrictive punishment for your child. Detention should be a last resort reserved for the most serious cases.
Schedule A Free Case Evaluation With A Dayton Juvenile Crimes Lawyer
The best way to get ahead of your child’s juvenile case is to talk with a Dayton juvenile crimes lawyer. Contact the experienced Suhre & Associates DUI and Criminal Defense Lawyers at (937) 531-0435 to schedule a free consultation.
We will walk you and your child through the court procedure and discuss potential outcomes in the case. This information can help you and your family prepare to get through the juvenile court process.
