A minor or child in Okmulgee, Oklahoma is defined as any unmarried person less than 18 years of age. A delinquent minor in Oklahoma is a minor who has committed a crime or violated a court order.
A warrant for the arrest or appearance in front of a judge may be issued for a minor in a delinquency proceeding. A juvenile proceeding is a hearing adjudicated by a judge and not a jury.
FAQ: Delinquent Minor in Oklahoma
When a child is taken into custody pursuant to the provisions of the Oklahoma Juvenile Code, the child shall be detained only if it is necessary to assure the appearance of the child in court or for the protection of the child or the public.
In a delinquency proceeding, a warrant “shall state the offense the child is being charged with having committed.”
The warrant shall be personally served together with a certified copy of the information on the accused person and on a custodial parent, guardian, or next friend of the accused person. It can also be served by certified mail or other means where personal service was not possible.
Warrants for the arrest or detention of a child shall comport with all other requirements of issuance of arrest warrants for adult criminal offenders.
Delinquency Proceedings and Detention
Although there are special rules for juvenile matters, in some instances, children may be charged and treated as an adult depending on the underlying crime. In either circumstance, a prosecutor must prove that the child committed every element of the crime beyond a reasonable doubt.
A minor is entitled to attorney representation at a juvenile proceeding. Someone accused of being a delinquent minor in Oklahoma may be held in a juvenile detention center for 15 to 90 days during the hearing and adjudication process.
Minors of 16 or 17 years old may be treated as an adult for certain serious crimes. Also, even a child as young as the age of 13 can be considered an adult when charged with first-degree murder.
Upon the arrest and detention, a minor shall have all the statutory and constitutional rights and protections of an adult accused of a crime, but shall be detained in a jail cell or ward entirely separate from prisoners who are 18 and over.
A child formally declared a delinquent minor in Oklahoma will undergo punishment as determined by the judge such as counseling, drug treatment, or educational programs. A delinquent minor in Oklahoma may be sent to a behavioral reformation home, but will not go to jail.
Negotiating a lesser penalty such as probation or community service may also be an option under certain circumstances.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If a child close to you has been accused of being a delinquent minor in Oklahoma, then get in touch with an Okmulgee criminal defense attorney for a low-cost, no-obligation consultation.
Call Wirth Law Office – Okmulgee today at 918-756-9600.
If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
