i Ohio » Juvenile defense

Defense structure, 2017

• Organization

  Localized

• Oversight

  Partial oversight

Ohio provides counsel to indigent youth through a county-based system which includes local public defender offices, non-profit corporations, private appointed attorneys, and contracts with the Office of the Ohio Public Defender.  Visit the National Juvenile Defender Center's Ohio state profile for more details.

Waiver of counsel, 2014

A juvenile may waive his or her right to counsel as long as it is made knowingly, intelligently, and voluntarily and is made in open court, recorded, and in writing. The court must make sure that the juvenile has consulted with a parent, guardian, or in case of a felony offense, an attorney prior to waiving counsel. A juvenile cannot waive his or her right to counsel at a hearing conducted to relinquish juvenile jurisdiction, when a serious youthful offender dispositional sentence has been requested or when there is conflict between the juvenile and parent or guardian.

• Restrictions on waivers
• No restrictions
• Reflects laws as of the end of 2013 legislative sessions.

• Age

  Under 0

• Crime

  Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.

• Hearing

  Juveniles cannot waive right to counsel for specified hearings.

• Placement

  Juveniles cannot waive right to counsel if possibility of specified placement(s).

Timing of counsel, 2013

In Ohio, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

• Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Indigency determination: Public defender

In Ohio, juvenile indigency law is governed by juvenile statutes, juvenile court rules, adult statutes, which provide a determination for indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. The Public Defender makes the determination of indigency. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.

Collateral consequences, 2014

Under Juvenile Court Rule, at the beginning of the Adjudicatory Hearing, the court must inform the parties of the substance of the complaint, the purpose of the hearing, and possible consequences of the hearing, including the possibility that the cause may be transferred to the appropriate adult court where the complaint alleges that a juvenile fourteen years of age or over is delinquent by conduct that would constitute a felony if committed by an adult.

• Reflects laws as of the end of 2014 legislative sessions.

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