Youth in Trouble
In Oklahoma, the juvenile justice system adjudicates charges involving minors accused of crimes. The State of Oklahoma established a juvenile justice system to provide guidance, support, and rehabilitation for young offenders while also protecting the public and holding youths accountable for their actions. However, navigating this system can be challenging, which is why having the right legal representation is crucial.
In this article, the Tulsa Criminal Defense Law Firm will discuss the key aspects of Oklahoma’s juvenile justice system and explain why the Tulsa Criminal Defense Law Firm is the right choice for anyone in the Tulsa area dealing with a juvenile criminal case, be it a misdemeanor drug crime to a serious felony charge.
Types of Juvenile Offenses
Although with some exceptions, juveniles are charged under the same statutes as adults, Oklahoma law establishes three distinct sentencing plans for juveniles. Exceptions where crimes are different for youths include youth-related prohibitions such as underage drinking or tobacco use, and certain sexually-based offenses where “Romeo and Juliet law” afford some latitude for youths under the age of 19 engaged in consensual sex with minors 15 years of age or older.
Oklahoma treats juveniles in the criminal justice system as either:
- Juvenile delinquents: This group is not convicted of crimes, but rather criminal allegations result in a finding a juvenile delinquency. Penalties may include fines, probation, incarceration in a juvenile detention center and various other requirements such as counseling or mandatory school attendance.
- Youthful offenders: This group may be convicted of adult crimes under the Youthful Offender Act but may serve any incarceration in a juvenile facility. They may also be eligible for rehabilitation programs, and consideration of their age and background in sentencing.
- Youthful offenders sentenced as adults: For the most serious crimes, youths as young as 13 years of age may be sentenced as adults. They serve their sentences in a juvenile facility until they turn 18, then they are transferred to adult facilities.
Juvenile Delinquency vs Youthful Offender Status
In Oklahoma, juvenile delinquency refers to offenses committed by juveniles that are considered violations of the law if committed by an adult. Juvenile delinquency cases are typically handled within the juvenile justice system and juveniles are subject to different penalties than adults, such as placement in juvenile detention centers or rehabilitation programs.
Youthful offender, on the other hand, refers to juveniles who have committed serious or violent crimes, such as murder, rape, or armed robbery, and are treated as adults within the criminal justice system. Youthful offenders are subject to the same penalties as adult offenders, including placement in adult correctional facilities.
The Oklahoma Youthful Offender Act
In Oklahoma, youthful offenders may be sentenced differently than adult offenders in certain circumstances. The Youthful Offender Act (YOA) allows for certain juveniles to be treated as adults within the criminal justice system and sentenced to adult facilities. However, the YOA also provides some protections for youthful offenders, including:
- Sentencing considerations: The court must consider the age and background of the youthful offender, as well as the nature and severity of the offense, when determining an appropriate sentence.
- Rehabilitation programs: Youthful offenders may be eligible for rehabilitation programs that are not available to adult offenders.
- Sealing of records: Youthful offenders who successfully complete their sentence may be eligible to have their records sealed, which can prevent their criminal history from affecting their future employment or educational opportunities.
- Parole and release: Youthful offenders may be eligible for parole or release earlier than adult offenders, depending on the circumstances of their case.
However, there are certain offenses that are excluded from the YOA, such as first-degree murder and certain sex crimes. In these cases, the juvenile offender will be tried as an adult and subject to the same penalties as an adult offender.
Key Facts About Oklahoma’s Juvenile Justice System
- Oklahoma has one of the highest incarceration rates for juveniles in the country, with an average daily population of over 500 youth in detention centers.
- The Oklahoma Office of Juvenile Affairs (OJA) is responsible for overseeing the state’s juvenile justice system, including detention centers, community-based programs, and residential treatment facilities.
- In Oklahoma, a juvenile is defined as anyone under the age of 18 who has been accused of committing a crime.
- The Oklahoma Juvenile Code outlines the procedures and guidelines for handling juvenile cases, including arrest, detention, adjudication, and disposition.
- Juveniles in Oklahoma have the right to legal representation, and their parents or guardians have the right to be present during all court proceedings.
Understanding the Juvenile Justice Process in Oklahoma
The process of dealing with a juvenile criminal case in Oklahoma typically involves several steps, including:
- Arrest: If a juvenile is suspected of committing a crime, they may be arrested by law enforcement officers.
- Detention: After the arrest, the juvenile may be held in a detention center until a hearing is held to determine whether they should be released or kept in custody.
- Adjudication: This is the equivalent of a trial for adults, where the judge determines whether the juvenile is guilty or not guilty of the charges.
- Disposition: If the juvenile is found guilty, the judge will decide on an appropriate sentence, which could include probation, community service, or placement in a residential treatment facility.
Why Choose the Tulsa Criminal Defense Law Firm?
Navigating the juvenile justice system can be challenging, especially for families who are unfamiliar with the legal system. Having the right legal representation can make all the difference in achieving a favorable outcome for your child.
The Tulsa Criminal Defense Law Firm, at 918-256-3400 has the experience, knowledge, and dedication needed to provide top-notch legal representation to juveniles in Oklahoma.
Free Consultation: Tulsa Juvenile Defense Attorney
Our attorneys are well-versed in the Oklahoma Juvenile Code and have successfully defended numerous juvenile clients. The Tulsa Criminal Defense Law Firm understands the unique challenges that juveniles and their families face in these situations and work tirelessly to protect our clients’ rights and future. Contact a Tulsa juvenile defense attorney today at 918-256-3400 to schedule a free consultation with one of our experienced attorneys and learn how we can help you and your family navigate the juvenile justice system in Oklahoma.