All kids make mistakes and get into trouble sometimes. However, serious problems can arise when a minor breaks the law and is found to be a “delinquent child/juvenile” by the state. Oklahoma defines a delinquent minor as one who has violated a court order, or a state, federal or local law, excluding traffic laws. Note, though, that a child might be deemed a delinquent minor if they habitually break traffic laws. Because the consequences for being charged as a delinquent minor can seriously impact a young person’s life, seeking legal assistance can help get them back on the right track.
Difference Between Juvenile and Adult Proceedings
In most states, including Oklahoma, the juvenile justice system is focused on intervening in a child’s life and providing the resources or treatment necessary to prevent them from entering the criminal justice system as adults. Because of this, juveniles are not a part of traditional criminal trials to determine whether they are “guilty.” Instead, they are a part of adjudicative hearings to determine if they are “delinquent.” If the prosecution presents enough evidence to show that the juvenile did commit the crime, the juvenile will be “adjudicated as delinquent.”
Options for Juveniles Adjudicated as a Delinquent Minor
After being adjudicated delinquent, the court will hold another hearing to determine the best course of action for the minor. This can include probation, placement in community residential treatment, behavioral reformation camps, or juvenile detention. The court may also order drug treatment, counseling, parental intervention services, educational services, and other treatment options as deemed appropriate.
Jail vs. Detention for Delinquents
All juveniles must be tried in a proceeding separate from adult criminal proceedings, and, if needed, are held in either the Central Oklahoma Juvenile Center (COJC) or Southwest Oklahoma Juvenile Center (SOJC) with other juveniles. These centers also include services geared towards the rehabilitation of minors. However, the prosecution may attempt to have a juvenile “certified as an adult” if they have committed certain felonies. The judge will consider a number of factors before allowing a child to be tried as an adult. However, 16 or 17 year olds who have committed very serious felonies, such as murder, first degree rape, drug trafficking, or first degree burglary will automatically be tried as adults. After being certified and tried as an adult, a teenager can end up in adult prison, if found guilty.
Low-cost Consultation: Muskogee Child Delinquency Lawyer
Being adjudicated as a delinquent minor can have substantial consequences in a child’s life, including removal from their home, school or community for long periods of time. An attorney can help ensure that they receive the most appropriate outcome possible under the circumstances. If you or anyone you know is faced with this charge, contact a Muskogee Child Delinquency Attorney to discuss your available legal options. Consult with an experienced attorney at The Wirth Law Office – Muskogee, call today at (918) 913-0725, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
