In most states, a juvenile can be charged in the same manner as an adult for almost any crime. However, correctional methods for adults are are often inappropriate for juvenile offenders. Thus, the Federal Juvenile Delinquency Act was established, upon which the Oklahoma juvenile legal system is based, to deal with criminal offenses committed by minors.
The aim of this law, which prescribes rules and procedures that states must follow when dealing with underaged suspects, is to employ rehabilitation and occupational training to prevent juveniles from becoming repeat offenders. This article discusses briefly the legal process for juvenile offenders in Oklahoma. For more detailed information, consult a knowledgeable juvenile defense attorney.
Juvenile Criminal Procedure in Oklahoma
In Oklahoma, when a juvenile is charged with a crime, the charges will typically be handled in a juvenile court, as opposed to a regular criminal court.
These cases, referred to as “delinquent cases,” include a wide variety of criminal charges, among them:
- Underage DUI, DWI, and drunk driving.
- Drug possession, possession of drug paraphernalia, and various other drug-related charges.
- Truancy.
- Shoplifting.
- Vandalism.
- Theft or other property crimes.
- Burglary.
- Robbery.
- Rape.
- Assault and battery.
- Shootings and other violent crimes.
In accordance with Oklahoma juvenile procedure, if a police officer suspects a juvenile of committing a crime, the juvenile may be either:
- detained, warned, and released;
- detained, warned, and released into the custody of a parent or guardian; or
- detained, held in custody, and his or her case referred to a juvenile court for assessment.
If the case is referred to a juvenile court for assessment, the intake officer or the prosecutor will make a decision as to whether the case will be:
- Dismissed, in which case the juvenile will normally be released into the custody of a parent or legal guardian.
- Handled informally, in which case the juvenile will be brought before a probation officer or judge to be warned to avoid future offenses. The judge may also order the minor to attend counseling or an after school program, or to perform community service. The judge may put the minor on probation or continue to hold him/her in custody. In addition, the juvenile may be required to pay a fine and reimburse the victim(s) of his/her crime for whatever loss or damage to property occurred as a result.
- Formally charged, in which case a petition will be filed with the juvenile court and the case will be placed on the court’s calendar. Afterwards, the juvenile will be formally charged before a juvenile court judge or referee. At this point the judge will decide upon a “fitness hearing,” in which the decision will be made to try the defendant as a juvenile or as an adult in a regular court.
If the defendant is to be tried as a juvenile, he or she has the option of accepting a plea bargain or going to trial (adjudication).
If pursuant to the trial, the judge “sustains the petition,” which means the charges are upheld, the defendant will receive a sentence (a disposition) and may be ordered to appear in court periodically afterwards, so that his or her behavior may be monitored.
Free Consultation: Tulsa Juvenile Defense Attorney
If your child is facing charges under the juvenile legal system in Oklahoma, your child’s future may very well be at stake. You should waste no time in contacting an attorney who is experienced in juvenile defense and who can assist you in getting your child out of the juvenile system, out of trouble, and back on the right track.
Contact the defense team at Tulsa Criminal Defense Law Firm today for a free confidential consultation. A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your free consultation call now: (918) 256-3400.