We have written many articles on juvenile law in Ohio. Anyone under the age of 18 in Ohio (or any other state) is legally a juvenile. Typically, when a plaintiff alleges a juvenile to have committed an illegal act, the juvenile court handles the case. We call these cases delinquency cases. These cases are civil matters even though they would be criminal cases if they were dealing with adults. We go more in depth in our last article on juvenile defense, Differences Between Juvenile Court and Adult Court. Nevertheless, the adult criminal court sometimes handles juvenile cases in certain circumstances. Of course, there are some specific requirements. But seeing juvenile cases in Ohio adult court is possible.
How Young Can a Juvenile be Tried as an Adult?
14 years of age is the youngest age for a juvenile’s case to transfer to the adult criminal court. This can happen for two reasons. Sometimes, something requires the Court to transfer the case. Other times, the facts in the case give the Court the right to transfer the case. The Court may or may not choose to do so. When it comes to transferring these cases, the rules are the same for 14 and 15 year olds. Juvenile cases involving 16 and 17 year olds have a different set of rules. 13 years of age is too young for a juvenile’s case to go to to adult court. At 18, the case would automatically be in adult court as 18-year-olds are no longer juveniles.
When MUST Juveniles 14 or 15 Years of Age be Transferred to Adult Court?
As laid out in The Ohio Revised Code (ORC) Section 2152.12 and 2152.10, there are three main circumstances that make the transfer to adult court mandatory when the alleged delinquent is 14 or 15 years old. First, the alleged offense by the juvenile may be a category one offense. This means the alleged offense is an act such as aggravated murder, murder, attempted aggravated murder, or attempted murder. Secondly, the juvenile court may have previously committed the juvenile to the legal custody of the department of youth services. This commitment must be a result of a category one or two offense. So for the transfer of a 14 or 15-year-old’s case to be mandatory, there are a few requirements. The offense has to be a category one offense. But it must also be at least the second serious charge for the juvenile defendant. And they must have an adjudication of delinquency from the first time. The third thing needed to make the transfer to adult court mandatory is probable cause.
Now, there may be special rules for special circumstances, such as juveniles who have previous convictions in adult court or who are facing charges in another state.
When CAN a Court Choose to Transfer a Case Involving a 14 or 15 Year Old?
Sometimes, the court may have the right to initiate a non-mandatory transfer under certain conditions. As stated above, the child must be at least 14 years of age or older. And there must be probable cause. Furthermore, the court must deem that the rehabilitation within the juvenile system will not work on this specific child and that the safety of the community may depend on the child being subject to adult sanctions. In order to make this determination, Ohio law requires that the Court launch an investigation. ORC 2152.12(D) and (E) list many factors the court has to consider for and against the transfer of the case, in addition to any other factors that may be relevant.
For Juveniles Over the Age of 15
As we said before, the rules here are slightly different depending on the age of the alleged delinquent. Juveniles 13 years of age and younger are too young for their cases to transfer to adult court. Juveniles 14 or 15 years of age can have their delinquency cases transferred to adult court under the circumstances we described in the previous section. Lastly, we need to discuss juveniles 16 or 17 years of age. These juveniles have a slightly different set of rules when it comes to the transfer of juvenile cases. Again, once a person turns 18, that person is an adult and any criminal charges will automatically result in adult court cases.
When MUST Juveniles 16 or 17 years of Age be transferred to Adult Court?
Whether or not a delinquency case against a juvenile over 16 years of age must be transferred to adult court depends on whether the alleged offense is a category one or category two offense. For a category one offense, probable cause can result in mandatory transfer to adult court. For a category two offense, there are two things that can cause mandatory transfer.
First, the juvenile could have a previous delinquent adjudication for a category one or two offense that caused the court to commit them to the custody of the department of youth services. This is similar to the requirement for mandatory transfers of 14 or 15 year old defendants. However, for 14 and 15 year olds, the requirement of a previous adjudication exists even if they are currently facing charges of a category one offense, whereas juveniles over 16 years of age only have this requirement when charged with category two offenses.
Secondly, if a juvenile over 16 years of age allegedly used or otherwise involved a firearm in committing a category two offense, this can result in the mandatory transfer of the case to adult court.
Once again, there are other special circumstances that may result in the mandatory transfer of the juvenile case to adult court, but above is a pretty good overview.
When CAN a Court Choose to Transfer a Case Involving a 16 or 17 Year Old?
The rules for juvenile cases in Ohio adult court when the transfer is not mandatory are the same for all juveniles over the age of 14. To recap, the child must be at least 14 years of age or older and there must be probable cause. Furthermore, the court must deem that the rehabilitation within the juvenile system will not work on this specific child and that the safety of the community may depend on the child being subject to adult sanctions. In order to make this determination, Ohio law requires that the Court launch an investigation to determine if there is a reason why the juvenile in question meets these conditions. ORC 2152.12(D) and (E) list many factors the court is required to consider for and against the transfer of the case, in addition to any other factors that may be relevant.
Conclusion
At Dearie, Fischer & Martinson, our attorneys have been handling juvenile cases in the greater Cincinnati and Dayton areas for over twenty years, and we rarely see juvenile cases in Ohio adult court. However, it is possible. Our attorneys have handled all kinds of issues in the juvenile court systems and have dealt with many unusual circumstances over the years. If you have any questions or legal needs involving juvenile or adult cases in Southwest Ohio, do not hesitate to contact the attorneys at Dearie, Fischer & Martinson.
