Blog Post

Juvenile Vs. Adult Trial: The Differences and Triggers for Transfer

  • By Admin
  • 06 May, 2019
Personal Injury Law — Gavel in Canton, OH

The law doesn't excuse children who commit criminal acts. However, the law does treat juvenile criminal suspects differently from adult criminal suspects. In a few cases, however, the government can choose to try a juvenile child in an adult criminal case.

What Are the Major Differences?

The criminal justice system has two distinct paths for juveniles and adults accused of a crime. Here are the major differences between these two paths.

Aim

When a court sentences an adult after a criminal conviction, the court aims to punish the adult and warn the public against similar offenses. With a juvenile convict, the main aim is to rehabilitate the child so that they can become a responsible adult.

The difference in aim is why a court is more likely to incarcerate an adult than a minor. Minors usually benefit from diversionary sentences, such as probation, as opposed to incarceration.

Accusation

Juveniles face delinquent acts while adults face criminal charges if they commit an illegal act. A delinquent act is less serious (in nature) relative to a criminal act. The rationale is that the child might not have understood the full (and long-term) consequences of their actions, which can’t usually be said about an adult of sound mind.

Jury

Criminal suspects in the country have the right to trial by jury. Jurors (members of a jury) are ordinary members of the public who listen to evidence and arguments from both sides and then make a decision.

However, juvenile suspects don't have the right to trial by jury unless the accusations are serious and the defense has not waived trial by jury.

Formalities

Lastly, the proceedings in a juvenile court are less formal than proceedings in an adult case. The aim is to give the child every opportunity to defend themselves and not allow formalities to affect the case in any way.

When Does a Transfer to an Adult Court Happen?

Although serious differences exist between juvenile and adult criminal courts, the government may elect to try a juvenile as an adult under certain circumstances. Here are some of the reasons the government may try a child in an adult court.

The Offense Is Serious

Extremely serious offenses may send a minor from the juvenile court to the adult court. Examples of such offenses include murder and rape. The rationale is that such crimes are so heinous that only an adult court can try and punish them efficiently. Also, anyone with the presence of mind to commit such crimes is virtually an adult.

The Child Is Relatively Mature

The older a child is, the more likely the court is to try them as an adult. For example, the court may try a 16-year-old youth as an adult but not a nine-year-old. With age comes maturity and experience, which gives a child the ability to discern between what is wrong and right.

Aggravating Factors Apply

The court may also transfer the child to an adult court if some circumstances increase the severity of the crime. The legal industry refers to such factors as aggravating factors, and they include things like firearm use and prior criminal convictions.  

The Child Has Had a Prior Adult Trial

Lastly, once a court has tried a juvenile as an adult, any subsequent court will always treat the child as an adult. After all, a child can grow into an adult, but an adult cannot become a child.

In most cases, the juvenile court is better for a minor as compared to the adult court. If your child faces criminal accusations, contact The Law Offices of Christopher Dionisio Attorney at Law to help you fight for the rights of your child. We will do our best to help you keep them in the juvenile court and fight for the best outcome possible.

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Do you believe a divorce is looming in your future? Are you thinking about filing for divorce? Initiating divorce can be a difficult process, especially when you don't plan ahead. If you want to ensure you are prepared to dissolve your marriage, you need to take action now before you file.

With these steps in mind, you will be better prepared for the divorce and custody proceedings. Read on to learn more.

Understand Ohio's Divorce Laws

A divorce lawyer is a crucial source of information during your divorce, developing a wider understanding of Ohio’s divorce laws is certainly helpful. Your divorce lawyer can provide you with step by step instruction on how you should proceed.

Care for Children

Custody is not the only matter relevant to your children. Children undergo a difficult transition during divorce, and providing a sense of normalcy is critical. You might consider discussing therapy options for your children to allow them to cope with the changes ahead.

Avoid Social Media

Social media can hurt you during divorce, especially if you express your feelings a lot on the web. You are better off avoiding websites like Facebook and Instagram until after the divorce proceedings. Otherwise, you might reveal something unfavorable or make yourself look unstable, indiscrete, or irresponsible.

Take Hold of Your Finances

Are you unsure of your financial situation? Now is the time to initiate an understanding of your assets and debts, especially determining which are shared and which are individually owned.

Now is also a good time to inventory all household possessions, including anything of value. Keep track of the value of each item.

Keep Track of Important Events

Logging interactions you have with your future ex-spouse is important too. For example, you should log any instance of domestic violence or situations that might warrant your gaining sole or primary custody of your children. Document all such incidents and submit them to your attorney.

Retain a Divorce Attorney

A good divorce attorney is worth your while. An attorney not only provides you with options for discussing your legal situation but also presents a support system. You may need to rely on your attorney throughout the court proceedings, so it pays to choose an attorney you want to work with closely.

The Law Offices of Christopher Dionisio  is a respected and dedicated member of the community. We understand Ohio law, especially when it pertains to divorce. Call us today to set up a consultation.

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An accident can occur anywhere and anytime, but do you have any idea what to do if you received an injury at work? Many people don't know how to proceed. Some may not want to tell their employers out of concern that they could be terminated, and others may not want to tell because they cannot afford to take time off.

No matter the reason why your accident occurred or why you don't want to tell, you do have rights and deserve protection if you have been injured in an accident in the workplace.

Learn what steps to take if you've had an accident at work that resulted in an injury.

Get Medical Help

If you've been injured, you need to seek medical attention right away. Waiting for medical attention may result in your workplace claiming the injury occurred elsewhere. If you have first aid at your work, get to the first aid clinic for treatment. If your workplace has a clinic off-site that they normally use for injuries, go to that clinic.

If your workplace doesn't have a first-aid clinic or a designated outside clinic, visit a hospital or urgent care facility quickly to have them assess and treat your injuries and document your injury.

Inform Your Supervisor or Boss

Be sure you let your immediate supervisor or boss know that you received an injury. Your employer will have paperwork that they need to fill out in the event of an accident and steps they need to take on their end to document your injury.

Give them all of the information they need about the accident.

Follow Physician's Orders and Employer Restrictions

If your physician has you on restricted duty at work, or your employer placed you on light duty until you heal, follow these instructions. Don't attempt to do too much and injure yourself further. Stay on light or restricted duty until your physician releases you.

If your employer pushes you to do more, don't - not until you are fully released.

Keep Track of Paperwork

Keep track of all paperwork related to your work injury including medical bills, post-accident pay stubs, and information your physician or other medical facilities you visited provided to you. Also, keep track of all paperwork and documentation from your workplace and the insurance carrier involved.

If your employer or the worker's compensation insurance company refuses to pay for your accident, you will need all of this paperwork if you choose to take legal action.

Find a Personal Injury Attorney

If you decide you need to take action against your employer and the insurance company, you'll need to find the right attorney to help you fight for your rights and to give you compensation for your injuries, back pay from time lost, and other money that your company or the insurance company owes you.

Look for an attorney that specializes in workplace injuries and has won these types of cases in the past.

Take advice from your personal injury attorney such as using physician restrictions at home in addition to when at work. This can help prevent your employer from claiming that your injuries aren't as severe as was reported.

If you've been injured in a workplace accident, you should receive compensation for not only the medical bills from the accident but for back pay and other losses you suffered from the accident such as time lost with family or financial impacts the accident may have caused you and your family.

Call The Law Offices of Christopher Dionisio, Attorney At Law , for a consultation today to discuss your case and get you the compensation you deserve.


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