Children Issues
Criminal Prosecution
No child can be prosecuted in adult court for an act committed while
the child was under 18 unless the juvenile bindover procedure is used,
and any conviction in adult court on a mistaken belief of the childs age is
void.
Any person whose case is properly transferred for criminal prosecution pursuant to the juvenile bindover procedure is not considered a child in the transferred case and, if the person is convicted of or pleads guilty to a felony in that case, is no longer considered a child in any pending case in which the person is alleged to have committed an act that
that would be an offense if committed by an adult.
However, a person who is convicted of or pleads guilty to a felony after the person.s case is transferred pursuant to the juvenile bindover procedure is considered a child solely for purposes of the filing of a complaint alleging that the child is a delinquent child and to determine whether the mandatory bindover procedure applies and requires that the case be transferred.
Prosecution of An Adult for Crimes Committed When a Minor
If a person under 18 years of age allegedly commits a felony and is not taken into custody or apprehended until after the person attains 21 years of age, the juvenile court does not have jurisdiction of the case, and the juvenile bindover procedures do not apply. The case charging the person with committing the felony must be commenced and heard in an adult criminal court.
Bindover- Prosecution of A Child in An Adult Forum
Ohio's Juvenile Bindover Procedure Law, section 2151.26 of the
Revised Code, authorizes the juvenile court to transfer certain cases in which
a child has been alleged to be a delinquent child to the appropriate court
having jurisdiction over the offense for prosecution as an adult. The Juvenile
Bindover Procedure Law creates a mandatory bindover procedure and a
permissive. bindover procedure.
Mandatory Bindover Procedure
After a complaint has been filed alleging that a child is a delinquent
child for committing an act that would be an offense if committed by an adult,
the juvenile court at a hearing must transfer the case for criminal prosecution
if the child was at least 14 years of age at the time of the commission of the
act and certain circumstances exist.
Permissive Bindover Procedure
Under the permissive bindover procedure, except when the mandatory
bindover procedure applies, after a complaint has been filed alleging that a
child is a delinquent child for committing an act that would be a felony if
committed by an adult, the juvenile court at a hearing may transfer the case
for criminal prosecution after considering specified statutory factors andmaking all of the determinations in
Chart 2. Chart 2 on page 3 of this
Brief illustrates the permissive
bindover procedure.
Notice of Hearing
The juvenile court must give written notice of the time, place, and
purpose of any mandatory or permissive bindover hearing to the
child.s parents, guardian, or other custodian and to the child.s counsel at
least three days prior to the hearing.1
Jurisdiction
A juvenile court that transfers a case for criminal prosecution does not
have jurisdiction to hear or determine the case subsequent to the transfer and
must discontinue all further proceedings in the case. The court to
which the case is transferred maintains jurisdiction as if the case originally had been commenced in that court.
Detention
A child whose case is transferred to a criminal court pursuant to either
bindover procedure may be transferred for detention in a jail or other
facility pending the criminal prosecution. The child must be confined
in a manner that keeps the child beyond the touch of all adult
detainees and must be supervised at all times during the detention.
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Law offices Jacob M. Rzepka 5035 Mayfield Rd. Lyndhurst, Ohio 44236 (216)-923-1309
Hours By Appointment - Evening and Weekend Appointment Available
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