Q: At what age can a child be tried as an adult in Ohio and what is the process?
A: A child, defined as a person under age 18, can be tried as an adult only if the child was age 14 or older at the time of the offense. Nearly all such cases begin in juvenile court with a felony charge. The court must conduct hearings and make certain determinations before the child can be transferred to another court for trial. The process is sometimes referred to as bindover, transfer, waiver, or relinquishment proceedings. In some cases, the child must be tried as an adult. In others, the child can be tried as an adult only if the court orders it.
Q: When is trial as an adult required?
A: Trial as an adult is mandatory in certain very serious cases: (1) when the charge is aggravated murder or murder, and the child is 16 or 17 and has been committed to an Ohio Department of Youth Services (DYS) facility; and (2) when the charge is a certain serious felony offense, and the child is age 16 or 17 and either has previously been committed to a DYS facility or used a firearm while committing the offense. If the court finds that these conditions exist and that there is probable cause to believe that the child committed the offense, the child must stand trial as an adult. There are also other limited circumstances in which the child must stand trial as an adult.