In most states, many people understand the justice system for adults. If the justice system finds you guilty of an illegal action, you are subject to some sort of penalty. The more serious the offense, the more serious the heavier the consequence. However, when it comes to juveniles, many Ohioans may not understand as the sentencing process as well. This article explores the differences between adult criminal proceedings in Ohio and penalties for Ohio juvenile offenders.
Juvenile Sentences and Adult Sentences Can be Similar
First, the punishments for juvenile offenses may be similar to criminal offenses, although the punishments do not line up perfectly with the penalties for adults who commit the same offenses. Some punishments are not available for juveniles (i.e. capital punishment) and there are some important differences in the impact a conviction has on the life of the defendant. The sentence itself may be similar to what an adult would receive for committing the same act, but being adjudicated a delinquent juvenile is not the same as being convicted as a criminal adult.
Differences Between the Adult and Juvenile Justice Systems
A Juvenile Delinquent Adjudication is Not a Criminal Conviction
In fact, a juvenile delinquency case is not technically a criminal case. When the state charges a child with a criminal activity, the Juvenile Division of the court handles it as a civil case. Juveniles are not “found guilty” in the legal sense. If the juvenile justice system (which mirrors the adult justice system) shows them to be guilty, the court adjudicates them delinquent as part of the civil case. This has a few affects a few aspects of the finding from the defendant’s point of view. For one thing, a defendant adjudicated a delinquent child does not have a criminal conviction on their record by virtue of the adjudication. Now they do have a record of delinquency, which is not ideal, but that leads us to the next difference between adult and juvenile sentencing.
Juvenile Adjudications are Easier to Expunge
We have written many articles on the complex rules for sealing and expunging adult records in adult court. The rules for sealing in Juvenile court are different, but still complex . We talk go into more detail about the sealing and expungement of Juvenile records in Ohio in our new article, “Sealing and Expungement of Juvenile Records in Ohio – 2024.”
Penalties for a Juvenile Adjudication
So a juvenile adjudication of delinquency does not result in a criminal conviction. But what are the penalties of a juvenile adjudication? Of course it depends on the case. Normally, the penalties mirror adult cases. Sometimes, they can be more severe, especially in juvenile traffic court. In a lot of cases, the penalty may be lighter for a juvenile than an adult. While the statutes in state and federal law govern the penalties in juvenile court to an extent, the judge or magistrate often has the discretion to determine some of the consequences for a given offense.
Conclusion
At Dearie, Fischer & Martinson, our attorneys have over twenty years of experience handling juvenile cases for many years in Warren County, Montgomery County and the surrounding Ohio areas. We know any child facing delinquency charges will want to avoid the penalties for Ohio juvenile offenders as much as possible. We work with our clients to get the best results possible in juvenile and adult court. If you have any questions or are seeking to hire an attorney for a juvenile (or adult) court case, do not hesitate to contact Dearie, Fischer & Martinson!
