When a juvenile breaks the law in Oklahoma, there are a number of different ways that the minor can be treated under the law. In some cases, a juvenile will be treated as a youthful offender. This is often reserved for more serious offenses. In other cases, a juvenile could be charged and treated as an adult. For example, a juvenile who is 13 or 14 may be charged as an adult in a first degree murder case. Thus, that person may be certified as a youthful offender or a juvenile. And in other situations, a minor can become an adjudicated delinquent.
What is an Adjudicated Delinquent in Claremore?
When a minor is an adjudicated delinquent, the minor has probably engaged in an offense that is not extremely serious. That minor is not tried and convicted. Instead, the matter is adjudicated by the juvenile justice system and the minor is then termed a juvenile delinquent. After the minor has complied with all orders of that system, the minor’s criminal records are usually sealed.
However, an adjudicated delinquent status carries some legal implications, one of which pertains to the possession of firearms. In Oklahoma, adjudicated delinquents are prohibited from possessing any firearms. To do so is a felony in Claremore.
What the Law Says
Oklahoma law provides that when a minor is adjudicated as a delinquent for a crime that would have been a felony if that crime had been committed by an adult, that adjudicated delinquent may not have any type of firearm or any other type of dangerous or deadly weapon within their possession, custody, or control.
That means an adjudicated minor is prohibited from having any type of firearm in their home, car, or any other place within their possession, custody, or control for a period of 10 years after the adjudication. Okla. Stat. tit. 21 § 1283
The law prohibits the presence of a firearm even if the adjudicated delinquent is unaware of the firearm’s presence.
For example, a minor turns 18 and he and his buddies go out for a birthday celebration. The minor is driving his own car.
Unbeknownst to him, one of his buddies is carrying a firearm. However, the minor was adjudicated at age 16.
Thus, the minor is in violation of Oklahoma law. If he is stopped by a police officer, he could be convicted of a felony.
An adjudicated delinquent must be careful to ensure that the people in their environment are not carrying any firearms. The law does not require that the offender have knowledge of a possible weapon. Its presence is enough for that youthful offender to be convicted of a felony.
Penalties for the Adjudicated Delinquent
The crime is a felony offense in Oklahoma and is punishable by 1 to 10 years in prison. Okla. Stat. tit. 21 § 1284
The penalty is harsh. Thus, no one should try to face this situation without experienced counsel by their side.
Hiring an experienced Claremore lawyer can make the difference between your freedom and further jail time. If you are facing charges, call today.
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