When Can a Juvenile Be Tried as an Adult in Ohio?

While most juvenile offenses are tried in juvenile or family court, there are some situations where an Ohio minor can be tried for crimes as an adult. Certain crimes, including aggravated murder and other serious felonies, require a mandatory transfer to adult court. In other cases, a judge may have the discretion to transfer the case to an adult court.

If your child has been charged with a crime, an experienced criminal defense attorney can help. Even juvenile convictions can have long-term effects on a minor’s life. Working with a criminal defense attorney helps protect your child’s rights and minimizes the long-term impact on their life.

Age and Process for Trying a Juvenile as an Adult

Ohio defines minors as people under 18. The minimum age requirement to try a juvenile offender as an adult is age 14 at the time of the offense. In other words, even if your child has committed an applicable offense at age 12, they will be tried as a juvenile. If they were 14 or older, they may be required to face charges in the adult court system.

If the child meets the minimum age requirement, the legal process typically starts in juvenile court with felony charges. The court will conduct hearings to determine whether the minor belongs in adult court. This is often called relinquishment, bind over, or waiver.

Mandatory Trial as an Adult

Under Ohio law, there are certain situations where a juvenile must be transferred to adult court:

• Aggravated murder or murder when the child is 16 or 17
• Aggravated murder or murder when the child is 14 or 15 and previously committed to a DYS facility
• Certain serious felony offenses when the child is 16 or 17 and has either used a firearm or has a prior DYS commitment

If probable cause exists, the minor must stand trial as an adult.

Discretionary Transfer to Adult Court

If the law does not mandate a transfer to adult court, a judge has discretion regarding whether the minor will stand trial in adult or juvenile court.

First, the court will conduct a probable cause hearing to decide whether there’s enough evidence to show the offense occurred and the child is likely the person responsible. If there is probable cause, the court will perform a mental examination. Finally, the court will order an “amenability hearing.” This hearing helps determine whether the minor is likely to be rehabilitated within the juvenile court system. The court also considers whether the child is a danger to the community and whether the child should, if found guilty, be subject to adult penalties.

During the hearing, the court will consider the minor’s age, mental capacity, and physical maturity. They’ll look at whether the child has committed prior offenses and whether rehabilitation was successful at the time. This helps the court decide whether the child has the potential for future rehabilitation or should be transferred to the adult court system. Finally, they will look at the harm to the victim and whether the minor used a firearm.

Discuss Your Case with a Columbus, OH Criminal Defense Attorney

Because being tried as an adult has serious, long-term consequences, skilled legal representation is key. If your child has been charged with a crime, The Law Offices of Saia, Marrocco & Jensen Inc. can help. Call us today at 614-444-3036 for a free consultation, or reach out via our contact form.