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Bindover Cases

Handling Juvenile Cases Transferred to Adult Court

Criminal cases involving juveniles are difficult enough when the case is in juvenile court. However, there are situations in which these cases become more complicated. One such situation is the transfer of jurisdiction to adult court, which is called a “bindover case.” This means that the juvenile matter will now be handled as an adult criminal matter and the juvenile is subject to adult criminal penalties. If your child is in the juvenile court system and their case has the potential for becoming a bindover, you must take action to protect his or her rights. A Cleveland juvenile lawyer can answer your questions.

Contact the Cleveland criminal defense lawyer from our firm right away at (216) 533-9533 to schedule your risk-free, confidential case evaluation.

Experienced Juvenile Criminal Defense Attorney

At The Law Office of Daniel M. Margolis, LLC we take bindover cases very seriously. Daniel M. Margolis has years of experience handling all types of adult and juvenile criminal matters, including bindover cases. We know the impact that these situations can have on a juvenile’s life and fight to ensure that the case is handled in the proper venue.

In Ohio, there are two different types of bindovers. Each has its own process and criteria, but we work to fight either from happening.

The types of bindover cases are as follows:

  • Mandatory bindovers
  • Discretionary bindovers

Understanding the Types of Bindover Cases

If a child has reached a certain age and has committed a certain type of offense, the bindover is considered a mandatory transfer by law. A hearing will be held in juvenile court before the bindover in order to establish probable cause for the transfer. If probable cause is indeed established to the judge’s satisfaction, the case will be transferred to adult court.

If a child is considered a type of habitual criminal and has spent a substantial amount of time in the juvenile court system, his or her case may be transferred to adult court in a discretionary bindover. This means that a probable cause hearing, called an amenable hearing, will be held, and a judge has the power to determine whether or not the case should be transferred.

During this hearing, the court goes through the guidelines for transferring the case to adult court and determines whether or not the child is amenable to the services of the juvenile court. If the judge decides that the child has worn out his or her welcome in the juvenile court system and used all available services without any rehabilitation or progress, the court can order the discretionary bindover.

Get The Guidance You Need in Juvenile Court Matters

Children who are in the juvenile justice system need experienced help in order to ensure their futures are protected. Let us help you and your child fight for the protection your family needs and deserves.

Contact Dan Margolis Today

Make an appointment for a confidential case evaluation with our Cleveland juvenile crime defense lawyer by calling us at (216) 533-9533.

Contact Dan

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