Juvenile Crime Defense in Georgia

When a minor is charged with a crime in Georgia, the juvenile justice system focuses on rehabilitation rather than punishment. However, the consequences can be severe: detention, probation, residential programs, and in serious cases, transfer to adult court where the penalties are the same as for adults. At J. Lee & Associates, we defend minors in the juvenile courts of Gwinnett County.

The Georgia Juvenile Court has jurisdiction over minors under 17 years of age under O.C.G.A. § 15-11-2. However, minors aged 13 and older can be tried as adults for certain serious offenses (murder, rape, armed robbery) under O.C.G.A. § 15-11-560. The decision to transfer a case to adult court can define your child's future. You need an attorney who will fight to keep the case in the juvenile system.

Minors have specific constitutional rights, including the right against self-incrimination and the right to have a parent present during police questioning. If your child has been arrested or charged with a crime, do not allow them to speak with police without an attorney present. For minors who are not U.S. citizens, immigration consequences must also be carefully evaluated.

Steps You Should Take

1

Call (770) 609-9396 Immediately

If your child has been arrested, call right away. The decision to keep the case in juvenile court or transfer it to adult court can be determined at the earliest hearings.

2

Do Not Allow Questioning Without an Attorney

Instruct your child not to answer police questions. Tell the officers: 'My child will not make any statements until we have legal representation.'

3

Document the Minor's Background

School records, letters from teachers, community involvement, and evidence of the minor's character. Juvenile court judges consider the full context when determining disposition.

4

Evaluate Immigration Status

If your child is not a citizen, request a combined criminal-immigration consultation. A well-managed charge in juvenile court can protect both your child's freedom and their immigration future.

Frequently Asked Questions

At what age can a minor be tried as an adult?
In Georgia, minors aged 13 and older can be tried as adults for certain serious offenses under O.C.G.A. § 15-11-560, including murder, rape, armed robbery, and kidnapping. For other offenses, the prosecutor may request a transfer to adult court.
Is the juvenile record public?
No. Juvenile records in Georgia are generally confidential and sealed from the public under O.C.G.A. § 15-11-701. However, if the minor is tried as an adult, the record becomes public. Juvenile records can be sealed or restricted under certain conditions.
Can I be present with my child during questioning?
Yes. Minors have the right to have a parent or guardian present during police questioning. Instruct your child not to answer any questions without an attorney and without your presence. Statements obtained without these protections may be suppressed.
What dispositions can the juvenile court judge order?
The judge may order: probation with conditions, community service, rehabilitation programs, restitution to the victim, juvenile detention, or residential programs. The focus is rehabilitation rather than punishment, which provides opportunities for a constructive outcome.
Does a juvenile crime affect my child's immigration?
Juvenile offenses are generally not considered 'convictions' for immigration purposes under current case law. However, if the minor is tried as an adult and convicted, the immigration consequences are the same as for an adult. For undocumented minors, there may be eligibility for Special Immigrant Juvenile Status (SIJS).

Applicable Laws

O.C.G.A. § 15-11-2Georgia Juvenile Court jurisdiction: minors under 17 years of age.
O.C.G.A. § 15-11-560Transfer of minors to adult court for serious offenses.
O.C.G.A. § 15-11-501Rights of minors during police questioning.
O.C.G.A. § 15-11-701Confidentiality and sealing of juvenile records.

Related Services

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Norcross, GA 30093

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