The United States justice system is set up to deal with juvenile delinquency in courts specially reserved for minors, while those over the age of 18 are tried in separate adult criminal courts. However, under certain circumstances, a juvenile might be tried as an adult. If your minor child has been charged with a crime, it’s important to understand when they might be treated as an adult to better prepare for the trial process. Below, defense lawyer James F. Bogen, Attorney at Law, explains what Cincinnati, OH, residents need to know about the process of transferring a juvenile case to adult court. 

A Guide to Understanding When Juveniles Are Tried as Adults 

Factors That Make a Juvenile Eligible for Adult Court 

In Ohio, a minor can only be tried as an adult if they were at least 14 years old at the time the offense occurred. Most juvenile delinquency cases will begin with a felony charge before being transferred to adult court for trial. When determining how to try a minor, the courts will take several factors into consideration, including the nature of the crime, the juvenile’s criminal background, if past rehabilitation efforts were unsuccessful, and whether they’ve been tried as an adult before. 

Transfer Laws 

Transfer laws vary from state to state, but typically, a prosecutor or judge might request a juvenile case to be transferred to adult court. This will warrant a hearing to ensure there is enough probable cause to prove the minor committed the crime they’re being charged with. Additionally, under Ohio law, trial as an adult is mandatory if the charge is murder and the minor is 16 or 17 years old or they are age 14 or 15 and have been committed to an Ohio Department of Youth Services facility. 

Advantages & Disadvantages of Being Tried as an Adult 

Although it’s not uncommon for defense lawyers to fight to keep juvenile delinquency cases in juvenile court, there are both advantages and disadvantages to being tried as an adult. In adult court, minors have the right to a jury trial. Jurors are often more sympathetic to minors, and there’s a chance of getting a lighter sentence if the court docket is full. On the other hand, adult courts generally hand down more severe punishments; jail time might have to be served in an adult prison rather than a juvenile detention facility, and adult criminal records are more difficult to seal or expunge. 

If your child is involved in a juvenile delinquency case, don’t delay in speaking with a skilled defense lawyer. The court in which a minor is tried can make the difference in how their future is affected. Offering more than 15 years of experience working with juvenile offenders, James F. Bogen, Attorney at Law, can advise you on possible defense strategies and sentencing options. Call (513) 503-7251 to request a consultation, or visit him online to learn more about his background in criminal law.