Tuesday, April 7, 2009

What is the ohio law pertaining to juviniles being tried as adults?

I have a boy who is 16, he is being charged with murder and attempted murder. He had always been a good kid, and has had no past experience with law enforcement. I was told he was being transferred to adult courts due to the circumstances of the crime, and the law. I would like to know what law provides for a child to be tried as an adult. I can't seem to find it myself.


Murder is the highest level of offense there is, and is almost always waived to adult court when allegedly committed by a juvenile.

Different states have different ages at which the juvenile can be waived to adult court, and there can be different ages for different offenses. For example, in Indiana, a 10 year old could be waived to adult court for a murder charge.

In Ohio, Murder is a "shall waiver" offense when the charged juvenile is 16 or 17. There will be a hearing, but the juvenile MUST be waived if he is charged with murder at 16 or 17.

Here are pages with info on waivers for Ohio.

http://ojjdp.ncjrs.org/pubs/tryingjuvasadult/states/oh.html

http://www.ncjj.org/stateprofiles/asp/transfer.asp?topic=Transfer&state=OH06.asp

http://www.ohiobar.org/pub/lycu/index.asp?articleid=451

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