Has your child been accused of a crime in Oklahoma City, Oklahoma? Call Overman Legal Group for a free consultation at (405) 605-6718. Our Oklahoma City juvenile crimes lawyers can help protect your child’s rights at every stage of the process.
We are a trusted criminal defense law firm in Oklahoma City with 40 years of combined experience. Your child’s case will be treated as a priority from the moment you contact us, so reach out to our legal team today to learn more about your best course of action and what we can do to help.
Why Hire Overman Legal Group for My Child’s Case in Oklahoma City?
The juvenile justice system operates under a completely different set of rules than the adult criminal system. Navigating this process without an experienced Oklahoma City criminal defense lawyer in your corner puts your child at a real disadvantage. Overman Legal Group has been successfully defending juveniles in Oklahoma County for years.
Our defense attorneys understand what the Oklahoma Office of Juvenile Affairs expects as these cases move forward, and how to position your child for the best possible outcome.
Here’s why families in Oklahoma City, OK, trust us with their child’s defense:
- We bring four full decades of combined criminal defense experience to every case, with specific knowledge of how juvenile proceedings differ from adult court.
- We know the Oklahoma County juvenile court system from the inside. That includes the judges who preside over these cases and the prosecutors and probation officers who influence how they’re resolved.
- We fight to keep cases in juvenile court when the state pushes for adult certification. Preventing that transfer can be the most important battle in your child’s case.
- One of our lead attorneys, Clayburn Curtis, received the Clarence Darrow award in 2019, given annually to the top criminal defense lawyer in Oklahoma.
Contact our Oklahoma City criminal defense attorneys today to set up your free case review. We can answer all of your questions when we meet.
How the Oklahoma Juvenile Justice System Works
Oklahoma’s juvenile justice system is governed by Title 10A of the Oklahoma Statutes. It covers anyone under the age of 18 who is accused of committing an act that would be a crime if committed by an adult. The system also handles status offenses, which are acts that are only considered offenses because of the person’s age, such as truancy and curfew violations, as well as running away from home.
The process typically moves through the following stages:
Intake and Detention
The juvenile will first go through an intake process once an arrest takes place. In Oklahoma County, the Juvenile Bureau handles this step. A decision is made about whether the child should be detained or released to a parent or guardian. If the child is held, a detention hearing must take place promptly to determine whether continued detention is justified.
Petition and Adjudication
If the district attorney decides to move forward, they will then file a formal delinquency petition. This triggers the adjudication stage, which is the juvenile equivalent of a trial.
At the adjudication stage, the court determines whether the juvenile committed the alleged offense based on the evidence presented. In Oklahoma, either party may demand a six-person jury in a delinquency proceeding. The juvenile also has the right to legal representation and the right against self-incrimination.
Disposition
If the juvenile is adjudicated delinquent, a separate disposition hearing takes place. This is comparable to sentencing in the adult system. The court reviews a disposition report prepared by juvenile probation and determines the appropriate course of action. Possible outcomes include:
- Probation with court-supervised conditions
- Community service
- Placement in the custody of the Oklahoma Office of Juvenile Affairs (OJA), which may include a secure facility
- Deferred adjudication for up to 180 days, giving the juvenile a chance to complete specific requirements and avoid a formal finding on their record
The court reviews the case at least every six months while the juvenile remains a ward of the court.
When a Juvenile Can Be Charged as an Adult in Oklahoma
One of the most serious risks in a juvenile case is the possibility that the state will seek to have your child tried as an adult. Oklahoma law allows this under Title 10A, ยง 2-5-205, and the consequences of adult certification are severe.
Here’s how the rules break down by age:
- Ages 15 to 17: A juvenile charged with a serious felony can be certified to adult court. The court weighs factors like the severity of the offense alongside the juvenile’s prior record and likelihood of responding to treatment before making a decision.
- Ages 15 to 17, first-degree murder: The juvenile is automatically treated as an adult and cannot be certified back to the juvenile system.
- Ages 13 to 14, first-degree murder: The juvenile is initially held as an adult but may petition the court for youthful offender or juvenile status.
If certification is granted, the case moves to the adult system with full adult sentencing exposure. That shift can change the trajectory of a young person’s life permanently.
Youthful Offender Status
A youthful offender is a separate classification that falls between the juvenile and adult systems. It applies to juveniles aged 15 to 17 who are charged with specific violent felonies. Under this status, the court creates a rehabilitation plan with annual reviews. However, if the young person fails to meet the plan’s requirements, the court has the authority to impose a full adult sentence.
Keeping your child’s case in juvenile court, or, at a minimum, securing youthful offender status, is often the single most important objective in a serious case. The gap between a rehabilitation-focused disposition and adult prison time is enormous.
Can My Child’s Juvenile Record Be Sealed or Expunged in Oklahoma?
One of the biggest concerns parents have is whether a juvenile charge will follow their child into adulthood. Oklahoma law does provide a process for sealing juvenile records, but sealing does not happen automatically.
Under 10A ยง 2-6-108, juvenile records can be sealed when the statutory requirements are met. Once sealed, the proceedings are deemed never to have occurred, subject to the exceptions provided by Oklahoma law.
If the records remain sealed for ten years and there are no subsequent felony convictions, the records must be obliterated or destroyed.
What Defenses Can Be Raised in an Oklahoma Juvenile Case?
Just because a juvenile has been charged does not mean they will be adjudicated delinquent. The state still has to prove its case, and there are several defense strategies that can be used depending on the facts and circumstances.
Our juvenile defense attorneys will review the entire record to determine which approach gives your child the strongest position. Some of the most common defenses in these cases include:
- The evidence against the juvenile is insufficient: If the state can’t meet its burden of proof, the case should not result in adjudication.
- The juvenile’s constitutional rights were violated during the investigation: If law enforcement conducted an illegal search, for example, that evidence may be suppressed.
- The juvenile was falsely accused: This is common in cases involving school-related incidents and disputes between peers where emotions run high, and facts are distorted.
- The juvenile lacked the intent required for the specific charge: Many offenses require the state to prove a specific mental state; if that element is missing, the charge may not hold up.
Other potential defenses include self-defense and mistaken identity. If you hire our lawyers for help, we will work hard to develop a strategy that is tailor-made to the specifics of your childโs situation.
Contact Our Oklahoma City Juvenile Crimes Attorneys To Schedule a Free Consultation
A juvenile charge can feel immensely stressful for the entire family. However, the earlier you get legal help, the more options your child will have. Overman Legal Group is here to help if your child was charged with a crime in Oklahoma City, OK.
Our Oklahoma City juvenile crimes attorneys have 40 years of combined experience defending young people facing charges across the full range of offenses. We’ll fight hard to protect your child’s future from the very start. Call us today to schedule a free initial consultation.
