Are you looking for a criminal lawyer for a juvenile delinquency case? Sawan & Sawan is a team of criminal defense lawyers with experience representing those accused of a crime in Toledo’s juvenile law system. If you or a loved one is facing charges as a juvenile, it is critical that you speak with a lawyer to preserve, protect, and defend your rights. We offer free initial consultations to all potential clients and can help you evaluate your legal options if facing charges as a juvenile. To contact us, use the form below or call 419-900-0955.
How is Juvenile Delinquency Defined in Ohio?
Ohio law defines juvenile delinquency in Ohio Revised Code 2152.02(E) by referring to “delinquent child.” This is defined as a minor who violates state or federal laws, does not comply with supervision, violates probation, or commits an act that would be considered criminal if committed by an adult. This can include minor infractions to serious felonies.
What Happens When a Juvenile is Arrested or Detained?
After a minor is arrested or detained for an alleged crime in Ohio, they are typically transported by law enforcement to a juvenile detention center or in some cases, released to a parent or guardian and given a future court appearance to address the charges. The outcome usually depends on the severity of the charges. In either event, the parents or guardian are required to be notified and a hearing must occur promptly to determine whether or not the alleged youth offender should remain in custody or be released until further proceedings. As with all criminal charges, the juvenile has the right to an attorney and one can be appointed if indigent.
How Does Juvenile Court Differ From Adult Court?
The juvenile criminal justice system is different in many ways from the criminal justice system for adults. The overarching focus of the juvenile system is rehabilitation. There is a lot more of a focus on confidentiality of the proceedings and some different procedural outcomes. For example, juvenile are adjudicated delinquent and the case proceeds to disposition instead of sentencing. The rights differ to those charged such as cases that are tried before a juvenile court judge with the aim to consider the minor’s best interest and be a source of guidance instead of merely imposing criminal penalties. (see Ohio Revised Code 2151.01). It is important to note that in some cases, Ohio law will allow certain offenses to be transferred into “adult” court.
Can a Minor be Tried as an Adult in Ohio?
For juveniles in Ohio charged with serious offenses, the cases can be prosecuted in adult court and the juvenile can be tried as an adult. Ohio has a statute that governs mandatory transfers where the juvenile is at least 16 years old and charged with a severe crime such as aggravated murder, murder, or attempted murder. For other crimes not specified, the judge has the discretion to transfer the case depending on the juvenile’s history, mental health, and likelihood of rehabilitation. For more information, see Ohio Revised Code 2152.12.
What are the Possible Punishments for Juvenile Offenses?
Ohio law provides that, under Ohio Revised Code 2152.19(A), juvenile courts have discretion to impose a variety of punishments. These include probation, community service, counseling, drug or alcohol treatment, restitution or even placement in certain facilities. If the offenses would be a felony offense if tried as an adult, the judge has authority to commit the alleged offender to the Department of Youth Services under Ohio Revised Code 2152.16 for specified time periods but no later than the child’s 21st birthday.
Do I Need a Juvenile Defense Lawyer?
All juveniles facing delinquency proceedings under Ohio law have the right to an attorney. This is governed by Ohio Revised Code 2151.352. If the family is unable to hire a private lawyer and meet certain financial pre-requisites, they may qualify for a public defender at no cost. It is imperative that all juveniles charged with any delinquency offenses at least speak with a lawyer to weight their legal options.
Dennis P. Sawan
