When a criminal case involves a juvenile, it’s for one of two reasons. Either the child is indicted for breaking the law or an adult is indicted for committing a crime against a child. In Oklahoma, any unlawful activity in connection to any juvenile is taken very seriously by the courts.
Deprivation of a Child
When Oklahoma’s Child Protective Services (known as CPS, a branch of OKDHS) receives information that suggests a minor is deprived, they immediately investigate. The severity and seriousness of the claim is left to the discretion of the case worker. CPS can then choose to throw the case out or file criminal charges against the parent. Deprivation is defined as:
- Destitute
- Homeless
- Any form of abuse
- Without proper parental care or guardianship
Once CPS deems a case fits one or more of these definitions, keeping a family together can be impossible for the adult whom charges are filed against. This is mainly because CPS has more than enough resources to dispute an accused parent.
Unfortunately, once CPS has entered into your family life, it is difficult to clear your name and remove the cloud of suspicion over your family. Regardless of whether it is a state agency or a common citizen that has brought claims against your parenting; our juvenile attorneys know how to dispute them both to protect your family and your family’s name.
Delinquent Offenders
Sadly, criminal activity has entered into every demographic in the US, including children and young adults. To ensure public safety and hold minors accountable, the state created The Oklahoma Youthful Offender Act, which draws lines and sets boundaries for dealing with minors. The state’s rehabilitation efforts toward youthful offenders differ from that of adults.
Juvenile Charges vs. Adult Charges
When a young adult is charged in Oklahoma, deciding whether the offender had an immature lapse in judgment or should be subjected to the criminal process is up to the prosecutors and judges assigned to the case. Young defendants have better chances of receiving less harsh rehabilitation practices if tried as a juvenile.
In certain situations, the prosecutor can file a motion to have the case moved from juvenile court to adult court. The discretion to do so is totally up to the prosecutor. Although the act is in place, young defendants are not promised an easier road for punishment for a crime. If your child has been charged, you need a juvenile crimes attorney skilled in prying the facts that prove his/her case should be seen in juvenile court.
