Juvenile Criminal Charges in Georgia: What Parents Need to Know
Juvenile Criminal Charges in Georgia: What Parents Need to Know
When a child or teenager is charged with a criminal offense in Georgia, the experience can be terrifying for the entire family. The juvenile justice system operates differently from the adult criminal system, with its own courts, procedures, terminology, and sentencing options. For parents in the Atlanta metro area, understanding how the juvenile justice system works is essential to protecting your child's rights and future. Whether your child has been charged with a minor offense at school in Fulton County or a serious felony in DeKalb County, the decisions made in the early stages of the case can have lasting consequences. This guide explains what parents need to know about juvenile criminal charges in Georgia.
Overview of Georgia's Juvenile Court System
Georgia's juvenile court system is governed by the Juvenile Code, codified at O.C.G.A. 15-11-1 et seq. The Juvenile Code was significantly revised in 2014 and provides the framework for how the state handles cases involving minors. Juvenile courts in Georgia have exclusive original jurisdiction over cases involving children under the age of 17 who are alleged to have committed delinquent acts. In the Atlanta area, the Fulton County Juvenile Court, the DeKalb County Juvenile Court, the Gwinnett County Juvenile Court, and the Cobb County Juvenile Court handle the majority of juvenile cases. Each court has its own procedures, judges, and resources, but all operate under the same state law.
What Is a Delinquent Act?
Under O.C.G.A. 15-11-2(22), a delinquent act is an act committed by a child that would be a crime if committed by an adult, or a violation of a juvenile-specific law. This means that virtually any offense that an adult could be charged with, from shoplifting to aggravated assault, can form the basis of a delinquency petition in juvenile court. However, the juvenile system treats these cases differently from the adult system, with a focus on rehabilitation rather than punishment. Common delinquent acts prosecuted in Atlanta-area juvenile courts include theft offenses under O.C.G.A. 16-8-2 and 16-8-14, simple assault and battery under O.C.G.A. 16-5-20 and 16-5-23, drug possession under O.C.G.A. 16-13-30, criminal trespass under O.C.G.A. 16-7-21, disorderly conduct under O.C.G.A. 16-11-39, and vandalism under O.C.G.A. 16-7-22 through 16-7-23.
The Seven Deadly Sins: When Juveniles Are Tried as Adults
Georgia law identifies certain serious offenses for which a juvenile aged 13 to 17 may be tried as an adult in Superior Court. Under O.C.G.A. 15-11-560, the following offenses, sometimes referred to as the Seven Deadly Sins, require that the case be transferred to Superior Court for prosecution as an adult: murder, voluntary manslaughter, rape, armed robbery with a firearm, aggravated sexual battery, aggravated child molestation, and aggravated sodomy. For these offenses, the juvenile court does not have jurisdiction, and the case proceeds in the Superior Court of the county where the offense occurred, such as the Superior Court of Fulton County or the Superior Court of DeKalb County. If convicted as an adult, the juvenile faces the same sentencing range as an adult defendant, including lengthy prison sentences.
Discretionary Transfer to Adult Court
Beyond the mandatory transfer for the Seven Deadly Sins, Georgia law also allows for discretionary transfer of certain cases to adult court. Under O.C.G.A. 15-11-561, the juvenile court may transfer a case to adult court if the child is at least 15 years old and is charged with a felony, after considering factors such as the seriousness of the offense, the child's prior record, the child's sophistication and maturity, and the available rehabilitative resources. This decision is made through a transfer hearing, and the juvenile has the right to counsel and the opportunity to present evidence against transfer.
The Juvenile Court Process
Intake and Detention
When a juvenile is taken into custody in the Atlanta area, they are typically brought to a Regional Youth Detention Center. The Metro Regional Youth Detention Center serves much of the Atlanta metro area. Within 24 hours of detention, a detention hearing must be held before a juvenile court judge to determine whether the child should remain in custody or be released to their parents or guardians. Under O.C.G.A. 15-11-504, a child may only be detained if the court finds probable cause that the child committed the alleged act and that detention is necessary to protect the child or the community, to ensure the child appears at future hearings, or because the child is a flight risk.
The Petition
If the prosecutor decides to pursue formal charges, a delinquency petition is filed in juvenile court. The petition is the equivalent of a criminal complaint or indictment in adult court. It describes the alleged delinquent acts and the statutory provisions the child is accused of violating. The child and their parents have the right to receive a copy of the petition and adequate time to prepare a defense.
Adjudication Hearing
The adjudication hearing is the juvenile equivalent of a trial. During this hearing, the prosecutor must prove beyond a reasonable doubt that the child committed the alleged delinquent act. The child has the right to counsel, the right to confront and cross-examine witnesses, the right against self-incrimination, and the right to present evidence and call witnesses. There is no jury in juvenile court proceedings in Georgia. The judge serves as the finder of fact. Under O.C.G.A. 15-11-581, if the court finds that the allegations in the petition are established beyond a reasonable doubt, the child is adjudicated delinquent.
Disposition Hearing
If a child is adjudicated delinquent, the court holds a disposition hearing, which is the juvenile equivalent of sentencing in adult court. Under O.C.G.A. 15-11-601 et seq., the court has a wide range of dispositional options, including probation with conditions, community service, restitution, participation in counseling or treatment programs, placement in a community-based program, commitment to the Department of Juvenile Justice, or any combination of these options. The court considers the best interests of the child and the need to protect the community when making its disposition.
Diversion Programs and Alternative Resolutions
Many juvenile courts in the Atlanta area offer diversion programs that allow first-time or low-risk offenders to avoid formal adjudication. The Fulton County Juvenile Court operates several diversion programs, including community service programs and restorative justice initiatives. The DeKalb County Juvenile Court and the Gwinnett County Juvenile Court also offer diversion options. Successful completion of a diversion program typically results in the charges being dismissed, which helps the child avoid the stigma and consequences of a delinquency adjudication. An experienced juvenile defense attorney can advocate for your child's placement in an appropriate diversion program.
Confidentiality of Juvenile Records
Georgia law provides significant protections for the confidentiality of juvenile records. Under O.C.G.A. 15-11-700 et seq., juvenile court proceedings are generally closed to the public, and juvenile records are not subject to public inspection. However, there are important exceptions. Records related to cases transferred to adult court are not confidential. Additionally, under O.C.G.A. 15-11-709, a child's records may be inspected by law enforcement agencies, the Department of Juvenile Justice, the child's attorney, the child's parent or guardian, the victim of the offense, and certain other authorized parties. In some cases, juvenile records can be sealed or expunged, effectively erasing them from the child's history. Under O.C.G.A. 15-11-701, records of informal adjustments and nonadjudicated cases may be sealed after two years.
The Role of Parents in Juvenile Proceedings
Parents play a critical role in juvenile proceedings in Georgia. Under the Juvenile Code, parents have the right to be notified of all proceedings, to be present at hearings, and to participate in the disposition process. Parents may also be held financially responsible for restitution ordered by the court and for the costs of services provided to the child. In some cases, the court may order parents to participate in counseling or parenting programs as part of the child's disposition. It is important for parents to be actively involved in their child's case from the very beginning, attending all hearings and working closely with the child's attorney.
School Discipline and Juvenile Charges
Many juvenile cases in the Atlanta metro area originate from incidents at school. The Atlanta Public Schools system, the Gwinnett County Public Schools system, the DeKalb County School District, the Cobb County School District, and the Fulton County School system all have policies that may involve law enforcement when certain offenses occur on school property. School resource officers may arrest students for offenses committed at school, which can result in both school disciplinary proceedings and juvenile court charges. It is important to understand that the school disciplinary process is separate from the juvenile court process, and actions taken in one forum do not necessarily determine the outcome in the other.
Immigration Consequences for Juvenile Non-Citizens
For non-citizen juveniles and their families in the Atlanta area, juvenile delinquency adjudications can have immigration consequences. While juvenile delinquency adjudications are generally not considered criminal convictions for immigration purposes, certain offenses and circumstances can still affect immigration status. Drug-related offenses, in particular, can create problems regardless of whether the case is adjudicated in juvenile or adult court. Families with immigration concerns should consult with an attorney who understands both juvenile defense and immigration law.
Contact J. Lee & Associates for a Free Consultation
If your child is facing criminal charges in juvenile court anywhere in the Atlanta metro area, J. Lee & Associates Law Group is here to help. Our experienced criminal defense attorneys understand the juvenile justice system in Fulton, DeKalb, Gwinnett, Cobb, and surrounding counties. We will fight to protect your child's rights, explore all available diversion and alternative resolution options, and work toward the best possible outcome for your family. We understand the unique challenges facing families in the Hispanic community and our bilingual team is ready to assist you. Schedule your free consultation today at /consultation or call our Atlanta office. Your child's future is too important to leave to chance.
Related Practice Areas: Criminal Defense | Defense Attorney | Immigration
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