When a young person is accused of a crime, one of the most consequential questions is where the case will be heard: in juvenile court or in adult criminal court. When a case is transferred from juvenile court to adult court, it is known as a bind-over, and it can dramatically change the stakes for a minor and their family. At The Robert Jones Defense Firm, we focus on keeping cases in the juvenile system whenever possible and on mounting a strong bind-over defense when a transfer is threatened.
What Is a Bind-Over?
In many cases, juvenile court judges have discretion over whether a minor is tried in adult criminal court or in juvenile court. When a case is transferred to adult court, that transfer is called a bind-over. The initial determination is based on the evidence presented, specifically, whether there is enough evidence to show that a crime occurred and that the minor was more than likely the person who committed it.
If the evidence points toward the minor as the perpetrator, a mental examination follows. A final determination is then made after a hearing as to whether the child is a good candidate for rehabilitation within the juvenile justice system. Because a bind-over can move so quickly, minors and their parents or guardians must act promptly as soon as a transfer appears possible.
Defending Against a Bind-Over
There are several ways to challenge a bind-over. A defense can demonstrate the minor’s potential for rehabilitation through the juvenile justice system, present evidence that contradicts the prosecutor’s probable-cause arguments, or show that the minor had a diminished role in the alleged offense. Building this defense early, and thoroughly, gives a young person the best chance of remaining in the juvenile system, where the emphasis is on rehabilitation rather than punishment.
When Can a Juvenile Be Tried as an Adult?
Ohio law sets out specific circumstances under which a juvenile court may transfer a case to criminal court. A transfer may occur when the accused is fourteen or older at the time of the alleged crime and the offense would be a felony if committed by an adult. In cases involving murder, aggravated murder, attempted murder, or attempted aggravated murder, a transfer may occur when the accused is 16 or 17, or as young as 14 or 15 if the individual is part of an Ohio Department of Youth Services facility. Understanding exactly which rule applies to a case is the first step in resisting a bind-over.
Understanding Juvenile Court
In Ohio, juvenile courts have jurisdiction over any person under 18 years of age. Even when the accused is now over 18, the juvenile court retains jurisdiction so long as the individual is 21 or younger. Juvenile court is generally preferred to adult court, but penalties can include detention, fines, and even probation, which carries court-mandated requirements that can be challenging to fulfill. Not complying with probation can lead to additional charges.
For many young people, diversion is an alternative to a court outcome through which trial can be avoided, and substituted with participation in community-based services. These services address issues such as substance abuse, violence, or truancy through various approaches like anger management, community service, drug treatment, or family counseling. Part of experienced juvenile representation involves helping a client develop a plan that improves their future and positions them for these opportunities.
The Benefits of Experienced Juvenile Representation
Juvenile court proceedings can be unfair, but it’s crucial to prioritize the best interests of young people. This involves allowing the legal process to proceed without hindering their ability to present their case effectively. Juvenile cases often involve the entire family, as a young person accused of a crime may still live at home under parental care. Therefore, the outcome of the case affects far more than just the accused individual. A strong defense protects the young person’s freedoms and provides the family with peace of mind.
Contact The Robert Jones Defense Firm For a Case Review
When a bind-over is a possibility, time is critical. As an experienced juvenile defense firm, The Robert Jones Defense Firm serves minors in a wide range of complex legal matters, with particular focus on bind-over defense. Contact our office today for a case review and take the first step toward protecting your child’s future.