In Re Spears, a Minor Child

In In Re Spears, a Minor Child, Licking App. No. 2005-CA-93, 2006 Ohio 1920, the court found the juvenile's admission to the complaint and waiver of counsel were voluntary, knowing, and intelligent. In Spears, the court informed the juvenile of the complaint and went through each charge individually, explaining the elements and the category of the charges. The trial court advised the juvenile of the consequences of being found delinquent, and his right to appointed attorney. The court advised the juvenile of his right to remain silent and his right to a trial and to present evidence in his own defense. The court explained the juvenile had the right to cross-examine witnesses and the prosecution had the burden to show he had committed the crimes by proof beyond a reasonable doubt. The court inquired whether there had been any promises or threats made to coerce him into pleading to the charges, and explained to him what punishment or conditions might be imposed upon him. In Spears the juvenile's mother was present in the courtroom and concurred in his decision to waive his right to counsel. She and the juvenile were informed of their right to object to the magistrate's decision, and signed a written waiver of rights form prior to the plea.