Posted on Monday, July 1st, 2024 at 9:00 am
In Ohio, an adjudicated delinquent is someone under 18 that the court has determined is a delinquent. It’s challenging for the whole family when your child is charged with a crime and goes to a delinquency hearing. You should not try to manage this situation alone. A seasoned Cincinnati criminal defense attorney from Moermond & Mulligan, LLC can provide your child with the defense and support they need.
The Ohio Juvenile Justice System
The Ohio Department of Youth Services (DYS) is Ohio’s juvenile corrections system. DYS is not a punitive system. It intends to provide opportunities for young offenders to reach their full potential through habilitation and the empowerment of families and communities. Its stated purpose is to transform and save lives.
The law requires that DYS confine people between the ages of 10 and 21 who are felony offenders who’ve been adjudicated and committed by a county juvenile court in Ohio. Both state and local governments administer delinquency services. Ohio has 88 juvenile courts, 403 community correction facilities for felony-level offenders, and 34 detention centers for juvenile offenders.
What Is an Adjudicated Delinquent in Ohio?
Under Ohio law, a delinquent child is one who:
- Violates any state law (other than traffic offenses) that would be an offense if an adult did it
- Violates any order of the court made under the “delinquent child” section of the law, including a prior adjudication as an unruly child for habitual truancy
- Violates any court order made under Chapter 2151 (except those pertaining to tobacco use)
- Uses false information to get into an adult entertainment establishment
- Purchases or attempts to purchase a handgun or firearm
- Illegally purchases ephedrine or pseudoephedrine products
If the court finds the accused child guilty of an act constituting delinquency, the child becomes an “adjudicated delinquent.” After the adjudication, the judge will impose a disposition.
What Comes Next for an Adjudicated Delinquent
If a minor is an adjudicated delinquent, the judge will impose a disposition. This disposition is the equivalent of sentencing in an adult court. The judge will consider all the elements of the case and the recommended rehabilitation for the offense the child committed.
In most cases, the disposition could include community service, house arrest, curfews, apology letters, small fines, time in a juvenile detention center, or counseling. When a court adjudicates a juvenile as unruly or delinquent, these penalties may result.
Rarely, a juvenile disposition might include time in a DYS facility. Young people cannot go to prison, but they may remain in a DYS facility for months or years. This particular disposition is only for youths who have committed serious offenses or for juveniles who have resisted other attempts to rehabilitate them. Adjudicated delinquents cannot stay in DYS after they turn 21. However, if the crime is murder or attempted murder, or if their disposition is for some other offense that would keep them in DYS until after they turn 21, the minor can transfer to prison as an adult.
Even more rarely, a judge might issue a disposition that includes a “bindover.” A bindover shifts jurisdiction over the child to the adult correctional system. From that point forward, as far as the legal system is concerned, the juvenile is an adult. These types of cases usually involve older teens or repeat offenders. The crimes that may warrant a bindover include felony charges, violent crimes, and gun offenses.
Don’t attempt to navigate the juvenile justice system alone. You, your child, and your family need help only an experienced Ohio juvenile criminal defense attorney can provide. At Moermond & Mulligan, LLC, we understand how the system works and can work towards obtaining the most favorable outcome possible for your situation.
Get Help from a Knowledgeable Ohio Juvenile Criminal Defense Attorney Now
Your child’s future is on the line. If they have been accused of a criminal offense and are going through the Ohio Juvenile Justice System, they need a knowledgeable and experienced attorney’s help. At Moermond & Mulligan, LLC, we’ll take the time to get to know your family and the specifics of your child’s case. Our legal team commits itself to providing proactive and responsive legal representation.
We are passionate about protecting your child’s rights and ensuring the court hears their side of the story. We’ve handled thousands of cases in our fifty years of combined experience and are ready to put our skills to work for your child.
Minors have legal rights. Protect your child and your family by calling our office at (513) 421-9790 or contacting us online today and requesting a confidential legal consultation.