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Can a Juvenile Court Give an Adult Sentence?

Can a juvenile court give an adult sentence?  It sure can.  However, this option is only available for a Serious Youthful Offender (SYO), which blends juvenile and adult sentences.  Bindovers to adult court are not included in this article, as those cases involve a hearing to determine if a juvenile should be tried as an adult, and, if so, the juvenile’s case is transferred to adult court.  SYO exists in the world between the typical juvenile proceedings and adult court.

Watch A Juvenile Court Give An Adult Sentence For SYO

 

A juvenile’s eligibility for a Serious Youth Offender (SYO) sentence is based upon a number of factors, including:  the age of the child; the degree and type of offense; prior commitment to the Ohio Department of Youth Services (DYS); and use of a firearm.  The child must be at least 10 years old to be given an SYO sentence.

Does a juvenile have any additional rights before getting an SYO sentence.  They sure do.  The juvenile has a right to a preliminary hearing to determine if there is probable cause to believe the juvenile committed the offense and is eligible for an SYO sentence, an indictment by a grand jury, bail, an open and speedy trial, and a trial by jury.

Once determined eligible for SYO, does the juvenile court always issue an SYO sentence?  No.  For certain offenses, an SYO sentence is mandatory.  For other offenses, it is discretionary, and the court may decide that the services in the juvenile justice system are sufficient to rehabilitate and punish the juvenile.  An SYO sentence consists of a juvenile sentence, followed by the adult portion of the sentence.  Death or life in prison without parole are not among the adult options available to the juvenile court.  The juvenile portion is served first.  If the juvenile successfully completes the juvenile sentence, the juvenile may not have to serve the adult sentence.  If the juvenile’s actions or commission of other offenses while serving the juvenile portion of the sentence indicate that the juvenile cannot be rehabilitated in the juvenile justice system, the court can order the juvenile to serve the adult portion of the sentence.  The juvenile must be at least 14 years old and served time in DYS.  In the adult sentence, the juvenile is given credit for time served in detention or DYS.

Daniel Gigiano’s Employment Certificate Article And Other Articles Related To Juvenile Court Give An Adult Sentence

 

To learn more, read my other posts related to juvenile court give an adult sentence, where I wrote about do Ohio judges impose agreed sentences, maximum prison terms for some Ohio crimes, ways to avoid going to jail, credit for time served in Ohio jail, Ohio’s certificate of qualification for employment, changes to Ohio DUI laws, felony theft in Ohio, Ohio shoplifting laws, and expunging Ohio convictions. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section. This success is reflected in the following links to my reviews: Daniel Gigiano reviews; Daniel Gigiano ratings; and Daniel Gigiano work.

Get A Medina County Juvenile Lawyer On Your Side

 

Attorney Gigiano is a Medina County criminal defense attorney in Wadsworth.  His office is located in Wadsworth, Medina County, where he practices as a Wayne County juvenile attorney in Medina County and Summit County criminal defense lawyer in Wadsworth.  If you have questions about this or other questions you need answered by an experienced Medina County juvenile lawyer in Wadsworth, or experienced Wayne County criminal defense lawyer in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330.