What are a juvenile’s rights during arrest?

| Jul 31, 2020 | Criminal Defense |

The juvenile justice system differs in many ways from the adult system. Juveniles often receive different treatment due to their status as a minor and the fact they have certain rights an adult does not have. Some of this is easy to see during the arrest process. For example, officers usually place a minor in custody instead of placing him or her under arrest. 

The Ohio Revised Code explains that the move to arrest a juvenile can happen in the exact same ways as an adult. If an officer has probable cause to believe the juvenile committed a crime, then he or she can certainly put the minor under arrest. 

Court requirements

When in custody, a juvenile will go to court quickly on charges. The court may make specific requirements about handling the child’s case, such as requiring that officers videotape all interactions. In addition, the court will make certain requirements it feels are in the best interest of the child, including appointing a guardian ad litem. 

Special holding requirements

When an officer takes a minor into custody, he or she cannot go to an adult jail or institution for holding. There are some exceptions to this, but transfer to a juvenile facility should happen as soon as possible after taking the child into custody. 

In addition, officers must have a court order to hold juveniles unless there is proof they are in danger or are a danger to others and the prosecutor has already charged them. Again, there are some exceptions to this, but in general, there must be a legal reason to hold the minor. For adults, it is possible to hold someone in jail for a certain time without charges.