Juvenile Criminal Charges in Georgia: What Parents Need to Know

Juvenile Criminal Charges in Georgia: What Parents Need to Know

When your child is arrested or charged with a crime in Georgia, the fear and confusion can be overwhelming. The juvenile justice system operates differently from the adult system, with its own courts, procedures, terminology, and sentencing options. Understanding how it works helps you make informed decisions and protect your child's future.

J. Lee & Associates Law Group represents juveniles and their families in Gwinnett County Juvenile Court and throughout metro Atlanta.

Georgia Juvenile Court Jurisdiction

Under O.C.G.A. § 15-11-2, Georgia juvenile courts have exclusive original jurisdiction over children under the age of 17 who are alleged to have committed a delinquent act (what would be a crime if committed by an adult). Important distinctions:

• Juveniles are not "convicted"; they are "adjudicated delinquent"
• Juveniles do not have jury trials in juvenile court (the judge decides)
• The focus is rehabilitation, not punishment (though serious offenses carry significant consequences)
• Proceedings are generally confidential and not open to the public
• Juvenile records are not automatically public record (but are not automatically sealed either)

Transfer to Adult Court (SB 440)

Under O.C.G.A. § 15-11-560 et seq., certain serious offenses committed by juveniles aged 13 to 17 may be transferred to Superior Court (adult court) for prosecution. The "Seven Deadly Sins" offenses that can result in adult prosecution include:

• Murder and felony murder
• Voluntary manslaughter
• Rape
• Aggravated sodomy
• Aggravated child molestation
• Aggravated sexual battery
• Armed robbery with a firearm

The district attorney makes the decision to seek transfer, and a hearing is held to determine whether the juvenile should be tried as an adult.

The Juvenile Court Process

Intake and Detention

After arrest, a juvenile intake officer reviews the case and decides whether the child should be released to a parent/guardian or detained. Under O.C.G.A. § 15-11-504, a detained juvenile must have a detention hearing within 72 hours (or the next business day). The judge determines whether continued detention is necessary based on flight risk, danger to the community, or risk that the juvenile will not appear at hearings.

Adjudicatory Hearing (Trial)

The adjudicatory hearing is the juvenile equivalent of a trial. The state must prove the allegations beyond a reasonable doubt. The juvenile has the right to:

• An attorney (appointed if the family cannot afford one)
• Confront and cross-examine witnesses
• Present evidence and call witnesses
• Remain silent (Fifth Amendment)

Dispositional Hearing (Sentencing)

If the juvenile is adjudicated delinquent, a dispositional hearing determines the consequences. Options include:

• Probation with conditions (curfew, community service, counseling, drug testing)
• Placement in a community-based program
• Commitment to the Department of Juvenile Justice (DJJ) for residential placement
• Restitution to the victim
• Electronic monitoring
• Mental health or substance abuse treatment

Sealing Juvenile Records

Under O.C.G.A. § 15-11-701, juvenile records may be sealed (restricted from public access) two years after the final discharge from juvenile court jurisdiction, provided the individual has not been convicted of a felony or adjudicated delinquent for a felony since the disposition. Filing a petition with the juvenile court and demonstrating rehabilitation is required. Sealed records are not automatically destroyed; they are restricted from general public access but remain available to law enforcement and certain agencies.

What Parents Should Do

1. Stay calm. Your child needs your support and clear thinking, not panic.
2. Exercise your child's right to remain silent. Instruct your child not to make statements to police without an attorney present. Juveniles are especially vulnerable to making incriminating statements under pressure.
3. Contact a juvenile defense attorney immediately. The earlier an attorney is involved, the more options are available, including pre-filing diversion.
4. Attend all court hearings. Parental involvement signals to the court that the child has support and supervision.
5. Document your child's character: school records, extracurricular activities, community involvement, counseling, and positive character references.

Contact a Georgia Juvenile Defense Attorney

J. Lee & Associates Law Group defends juveniles with compassion and aggressive advocacy. Call (770) 609-9396. Se habla español.