When a child is charged with a crime, they might not always receive leniency from the judicial system. In some cases, they may even be tried as adults, leading to more severe sentencing and other consequences. If you’re interested in learning why this happens and what challenges a minor might face in this situation, consider the guide below before meeting with a criminal attorney.

Why Does It Happen?

In some cases, the judge will submit a waiver, which effectively transfers a juvenile case to a standard criminal court. This most often occurs when the crime that the minor is being tried for is severe, such as sexual assault or murder. The judge may also transfer a case if a particular minor has been in trouble with the law in the past. 

In Ohio, a child can only be tried as an adult if they were 14 or older when they committed the crime. The state allows  children to be tried in adult criminal court if they are 16 or 17 and are charged with murder or aggravated murder. Also, if the child is 16 or 17 and has been committed to an Ohio Department of Youth Services facility in the past—or if they used a firearm while committing the crime—they must be tried as an adult. Transfers to adult court can be mandatory or discretionary in nature as laid out in ORC 2152.12 and 2152.10. A probable cause hearing often precedes the transfer determination.

How Do the Penalties Differ?

Once a child’s case is moved to adult criminal court in Ohio, all their future cases will remain in adult criminal court, even while they are under 18. Once bail is set for the current case, the juvenile court is no longer involved, and the child might be sent to a detention facility for adults. If they are convicted of the crime and sentenced to jail time, it must be served in an adult facility.

While juvenile cases may result in minor sentences, such as curfews or counseling, adult cases have much fewer options for penalization. The most common result is jail time in an adult facility. Plus, it is much harder to seal or expunge adult criminal records—a process which prevents the public from learning about their case. Therefore, it may be harder to find employment in the future due to their status as a felon.

If you’re worried about your case and would like to speak with a criminal attorney, turn to Michael A. Newland Law Office of Hamilton, OH. He has over 20 years of experience fighting for the rights of criminal clients, both juveniles and adults. If you’re worried about your child’s future, call (513) 887-9595 for a free initial consultation. You can also visit their website to learn more about this criminal attorney and his other practice areas.