What Happens if my Teenager is Arrested in Oklahoma?
When a teenager is arrested in Oklahoma, the immediate procedures are designed to ensure their rights are protected while addressing the alleged offense. The presumption is to identify and use the least restrictive means of confinement to ensure the teen’s safety as well as the community’s safety. The Office of Juvenile Affairs (OAJ) works with the Court to identify a plan to ensure these interests are protected.
Here’s an overview of the typical steps following a juvenile’s arrest:
- Detention and Booking: The first step after a teenager/youth is arrested is to process them in an appropriate detention facility, hopefully designed for youths alone; however, in some counties across Oklahoma the county jail, which holds adults, will be used initially.
- Processing: The minor is taken to a juvenile detention center, where personal information is recorded, and the alleged offense is documented.
- Notification: Parents or guardians are promptly informed about the arrest.
- Initial Hearing: at the initial hearing, the judge is provided with information from OAJ and the youth’s parents / juvenile justice defense attorney in consideration of appropriate placement during the juvenile criminal case.
- Timing: Occurs within 72 hours of arrest.
- Purpose: To inform the juvenile of the charges and determine eligibility for release.
- Outcome: Decisions are made regarding release conditions or continued detention.
- Detention Hearing: the detention hearing in a juvenile case is similar to a bond hearing in criminal court for adult defendants. The Court is primarily evaluating the necessity for continued detention and having an experienced criminal defense attorney fight for the release of your child or the juvenile is important for the presentation of the best case for release.
- Scheduling: Held within 10 days of arrest if the juvenile remains detained.
- Review: Evaluates the necessity of continued detention.
- Decision: The court decides whether to release the juvenile under supervision or continue detention.
Juvenile Delinquent Adjudication
Minors under 18 charged with lesser offenses, like petty theft or simple assault, are typically adjudicated as juvenile delinquents. They might face juvenile detention, but their records are sealed once they turn 18, offering them a chance to move forward without the permanent burden of a criminal record. The primary focus of these proceedings is to build a plan for the juvenile and stop the case from impacting their future.
When is a Minor Charged as an Adult?
Minors as young as 13 can be tried as adults for severe offenses like first-degree murder. Even for older teens, once certified as an adult, they remain in the adult criminal system for all future cases.
Understanding the Youthful Offender Statutes in Oklahoma
In Oklahoma, minors under the age of 18 who commit crimes can face a range of charges, with varying legal outcomes depending on the offense and the juvenile’s age. Among the most serious options is the Youthful Offender Act, which allows minors aged 15 to 17 to be prosecuted under adult criminal laws for certain offenses, i.e. to be treated the same as an adult defendant by the prosecution.
However, while this law provides a mechanism for prosecuting serious crimes, it also takes into account the juvenile’s age and potential for rehabilitation. At Cannon & Associates Criminal Defense Law Firm, our goal is always to pursue the best outcome for every client, which often means working tirelessly toward case dismissal, where possible, to protect your child’s future.
What is a youthful offender?
A youthful offender in Oklahoma refers to a minor who is convicted of a serious crime and faces sentencing under adult criminal laws. The law applies to those charged with violent offenses, such as armed robbery, first-degree rape, murder, and other severe crimes, and is designed to allow the state to hold youth accountable while still offering a chance for rehabilitation.
While the law provides a mechanism to prosecute juveniles as adults, the court will still weigh a variety of factors before making that decision. Youthful offender certification allows the state to treat certain young offenders with greater severity, but at the same time, the juvenile may still have opportunities for rehabilitation, depending on their specific circumstances.
Working with an experienced youthful offender criminal defense attorney is key in these matters, as a thorough understanding of the rules and procedures for the Youthful Offender process is crucial to protect your child’s interest and to seek the best possible outcome for him or her.
Youthful Offender Certification Process
The certification process for youthful offenders in Oklahoma is a serious matter. If your child is facing charges that could result in youthful offender status, understanding the steps involved is crucial. Further, working with an experienced youthful offender criminal defense attorney is necessary to protect your child’s interests in this process:
- Eligibility Criteria:
- The juvenile must be between 15 and 17 years old at the time of the alleged crime.
- The offense must involve a serious felony, typically one with significant harm or violence (e.g., first-degree murder, armed robbery, aggravated assault).
- The juvenile’s prior record and history of behavior are considered, though the focus is on whether the juvenile can be rehabilitated.
- Filing of a Motion for Certification:
- The prosecutor files a motion to have the juvenile certified as an adult, which begins the process of transferring the case to adult court.
- The prosecutor will argue that the severity of the crime and the juvenile’s age warrant prosecution as an adult.
- Certification Hearing:
- A hearing is held where both the prosecution and the defense present evidence. During this hearing, the defense will argue that the juvenile should remain in juvenile court, where they can access rehabilitation programs designed for young offenders.
- The court will consider the nature of the offense, the juvenile’s psychological maturity, past criminal behavior, and the prospects for rehabilitation.
- Expert testimony, such as from psychologists, may be used to assess whether the juvenile can benefit from rehabilitation in the juvenile system.
- Your child’s youthful offender criminal defense attorney is also able to present evidence and testimony to support your child remaining in the juvenile system and not being prosecuted as an adult.
- Judge’s Decision:
- After the hearing, the judge will determine whether to certify the juvenile as an adult or keep them in the juvenile system. If the judge grants certification, the juvenile will be tried in adult court. If the certification is denied, the case stays within the juvenile court system.
- It’s important to note that certification as a youthful offender is not automatic; the judge has significant discretion to decide based on the evidence and circumstances of the case.
- Appeal of Judge’s Decision:
- Your family has the ability to appeal the Court’s decision to certify your child as an adult. Our youthful offender criminal defense attorneys are familiar with this appeals process and can assist your family in an appeal to seek the child’s case returning to the juvenile system.
What Happens After Certification?
If a juvenile is certified as a youthful offender and convicted, they may face an adult sentence, but with some differences compared to adult offenders:
- Sentencing: The juvenile may serve time in a juvenile detention facility until they reach the age of majority (18). If rehabilitation is successful, they may remain in a juvenile facility until age 21.
- Criminal Record: Unlike juvenile adjudications, which can be sealed, youthful offenders will have a permanent criminal record, which could affect their future employment and educational opportunities.
Our Goal: Dismissal in Every Client’s Case
At Cannon & Associates Criminal Defense Law Firm, we understand the profound impact criminal charges can have on your child’s future. That’s why we are committed to providing aggressive defense strategies, aiming for the dismissal of charges whenever possible. We will explore every avenue of defense, whether it’s challenging the evidence, questioning the validity of the charges, or advocating for your child’s rehabilitation instead of adult prosecution.
Get Answers to Your Questions
If your child is facing criminal charges in Oklahoma and you’re concerned about the possibility of youthful offender certification, don’t wait to act. The process is complex, and the consequences are serious. Our team at Cannon & Associates Criminal Defense Law Firm is here to help guide you through the process and fight for your child’s rights. For a free case strategy session and to learn more about how we can work toward a dismissal or better outcome in your child’s case, contact us today at (405) 657-2323.