As a juvenile lawyer can attest, criminal cases involving minors are filled with complexities — not the least of which is the potential for a child to be charged as an adult. In Ohio, children as young as 14 could be tried, depending on the situation. While many cases remain within the juvenile system, it can be helpful to understand when there is the possibility that a minor will be charged as an adult.

What Are Some Situations When an Adult Trial Will Occur?

In Ohio, a minor who is 16 or 17 and is charged with murder or aggravated murder must be tried as an adult. The same may  hold true for those aged 14 or 15 who have already been sent to a Department of Youth Services (DYS) facility. Your juvenile lawyer cannot change this.

Children aged 16 or 17 who commit other serious felonies and either used a firearm or were previously in a DYS facility must also be charged as adults. The court may also decide to try a child outside of juvenile court in select cases instead of using a DYS facility.

How Does the Transfer System Work?

The court will weigh several factors to determine if a minor should remain in the juvenile law system or not, including their potential for rehabilitation and risk to public safety. When a transfer order is made, the juvenile court loses authority over the case.

Bail will be set, and the minor will subsequently have the right to a trial by jury. Adult juries may be more sympathetic to a minor defendant, but they could also be subjected to the severe sentences typically faced by adults.

Whether you need help navigating juvenile law or other complex legal matters, you can trust Michael A. Newland Esquire in Hamilton, OH. Serving Butler County since 1989, this criminal attorney offers passionate representation to help you find the best legal solution. To learn more about the practice areas provided by this juvenile lawyer or to schedule a free consultation, visit him online or call (513) 887-9595.