Atlanta Juvenile Crime Lawyers

Why Juvenile Cases in Georgia Require Early Legal Representation

Georgia law defines a child for delinquency purposes as a person under 17 years of age. Juvenile court handles most delinquency cases involving children in this age group. The stakes are serious. A child adjudicated delinquent may face commitment to the Department of Juvenile Justice. The child may also face restrictive probation conditions. A delinquency record can follow the child for years.

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These cases move quickly. From intake to detention hearings to adjudication, early decisions shape every stage that follows. The path a case takes depends on what happens in the first days after a child is taken into custody. Early choices determine whether a case stays in juvenile court, gets resolved informally, or faces transfer to superior court. Contact an experienced defense attorney as soon as possible if your child faces delinquency charges in Atlanta or Georgia. An attorney will protect your child's rights and future, and give your family legal guidance at every step of the juvenile justice system.

How Georgia Juvenile Court Treats Children Under 17

Under Georgia law, a child for delinquency purposes is a person under 17. A person who was 17 or older at the time of the alleged offense is prosecuted as an adult in superior court. Georgia also sets a minimum age for criminal responsibility. Under Georgia law, no child under 13 can be found guilty of a crime.

Juvenile court proceedings differ from adult criminal trials in important ways. The court applies the same standard of proof – beyond a reasonable doubt. Juvenile court hearings are conducted without a jury. A judge decides whether the evidence proves the child committed the alleged act.

An adjudication of delinquency is not a conviction of a crime. The court finds the child "delinquent" rather than "guilty." The focus shifts to treatment and rehabilitation rather than punishment. The consequences can still be severe.

Commitment to the Department of Juvenile Justice

The court may commit a child to the Department of Juvenile Justice only in limited circumstances. Under Georgia law, DJJ commitment is available when a child committed an act that would be a felony if committed by an adult. Commitment is also available when the act would be a misdemeanor. This applies if the child has at least one prior felony-level adjudication plus three other prior delinquency adjudications.

A standard commitment order runs for two years under Georgia law, which governs the duration. The Department of Juvenile Justice may discharge the child sooner. The court may extend the order for up to two additional years. The extension applies only if the court finds it necessary for treatment or rehabilitation, and every order affecting the child ends when the child turns 21. Cases involving designated felony acts carry their own disposition terms under Georgia law for designated felony acts.

Alternative Dispositions

Not every adjudication leads to commitment. Under Georgia law, the least restrictive disposition must be entered by the court. The court considers the seriousness of the act, the child's age, prior record, and individual needs. Options include probation, community service, restitution, counseling, and informal adjustment, plus, for certain driving and drug offenses, a sum up to the maximum fine an adult would face. A criminal defense attorney for juvenile cases can advocate for these alternatives when appropriate.

Can a Juvenile Be Charged With a Felony in Georgia?

Yes, a juvenile in Georgia can be charged with a felony. For the most serious offenses, the case does not even begin in juvenile court.

Under Georgia law, the superior court has exclusive jurisdiction over any child aged 13 to 17 charged with the following offenses:

• Murder
• Murder in the second degree
• Voluntary manslaughter
• Rape
• Aggravated sodomy
• Aggravated child molestation
• Aggravated sexual battery
• Armed robbery committed with a firearm
• Aggravated assault committed with a firearm
• Aggravated battery upon a public safety officer
• A terroristic act upon a school
• Attempted murder

When a child is charged with one of these offenses, the case starts in adult superior court. The child may be tried as an adult. The district attorney may decline prosecution in superior court before indictment. This would send the case to juvenile court. After indictment, the superior court may transfer certain cases to juvenile court after considering specific criteria.

For other felony charges not listed above, the juvenile court has jurisdiction. That jurisdiction is shared with the superior court when an adult could face death or life in prison for the same act. Under Georgia law, the court may hold a transfer hearing. The hearing determines whether to send the case to superior court. This applies when a child was at least 15 at the time of any felony. It also applies to children aged 13 or 14 for offenses punishable by death or life imprisonment. It applies to children aged 13 or 14 for offenses involving aggravated battery with serious bodily injury.

If you are searching for a juvenile attorney near me because your child faces felony charges, acting quickly matters. Whether the case stays in juvenile court or moves to superior court can depend on early legal strategy.

Consequences of a Juvenile Adjudication in Georgia

An adjudication of delinquency is not a criminal conviction. The consequences still reach well beyond the courtroom. Georgia law keeps a juvenile disposition out of other court proceedings, but a later adult case may use it to set bail, in plea negotiations and at sentencing. A criminal juvenile attorney can help families understand and possibly limit these outcomes.

Legal Consequences

The court may order probation with strict conditions. The court may order community service, restitution, or up to 30 days in a secure residential facility in a felony-level case. The court may order commitment to the Department of Juvenile Justice for up to two years under Georgia law, which governs the duration. For designated felony acts, Georgia law authorizes placement in restrictive custody, and those terms run longer than the standard two years. A class A designated felony order places the child in DJJ custody for an initial period of up to 60 months. A class B order runs up to 36 months, with no more than 18 of those months in restrictive custody. The court must order restrictive custody when the child inflicted serious physical injury on a person 72 years of age or older. The court may also suspend a child's driver's license, or bar the issuance of one, for a period that cannot run past the child's 18th birthday.

Collateral Consequences

An adjudication can affect a child's life long term, in ways many families do not expect:

• School discipline. Schools may receive notice of certain adjudications, which could lead to suspension, expulsion, or placement in alternative programs.
• College admissions. Many college applications ask about disciplinary and criminal history. An adjudication may require disclosure.
• Military eligibility. Branches of the military may deny enlistment based on juvenile records.
• Employment. Certain employers and licensing boards review juvenile history, especially for positions involving children or security clearances.
• Immigration. For noncitizen children, an adjudication of delinquency may trigger immigration consequences depending on the underlying offense.

Georgia seals juvenile court records automatically only when a case is dismissed or handled without an adjudication. Families often ask whether juvenile records are sealed once the child turns 18. The answer depends on how the case was resolved.

Sealing Juvenile Records in Georgia

Under Georgia law, records are sealed when a delinquency petition is dismissed. When the matter is handled through informal adjustment, the court must order the records sealed. This happens as a matter of law. The family does not need to file a separate request.

Sealing after an adjudication of delinquency is different. The child or family must apply to the court, or the court may act on its own motion. After a hearing, the court must order the records sealed if three things are true. Two years have passed since final discharge. No later felony or moral turpitude conviction and no new adjudication have followed, and none is pending. The person has been rehabilitated. Families looking to learn more about this process can read about whether juvenile records are sealed in Georgia for a detailed walkthrough.

An Atlanta juvenile defense attorney can guide you through the application process if your child has been adjudicated delinquent. You may want to explore sealing the record. The attorney can also prepare the application and appear with your family at the hearing.

Speak With an Atlanta Juvenile Crime Lawyer

Juvenile delinquency cases move on a fast timeline. From the moment a child is taken into custody, important decisions happen quickly. These include decisions about detention, informal adjustment, and whether to file a formal petition. Early involvement of counsel can influence the case path. An attorney can affect whether a case is resolved informally, stays in juvenile court, or faces transfer to superior court.

The juvenile defense lawyers at Kohn & Yager LLC represent children and families facing delinquency charges in Atlanta-area juvenile courts. A criminal defense lawyer who understands local procedures can help protect your child's record. The attorney can advocate for alternatives to commitment. The attorney can work toward the most favorable resolution the facts allow.

Every case is different. Results depend on the specific facts and circumstances involved. If your child has been charged with a delinquent act, contact Kohn & Yager LLC for a free consultation. We will discuss the charges and begin building a defense strategy. Families searching for an attorney for juvenile court need counsel who will act quickly. Kohn & Yager LLC is experienced in Georgia delinquency cases, from intake through disposition. Your attorney must fight to protect your child's future.

Frequently Asked Questions

Can a Juvenile Be Charged With a Felony in Georgia?

A juvenile in Georgia can be charged with a felony. Under Georgia law, a child aged 13 to 17 charged with certain serious offenses is tried in superior court as an adult. These offenses include murder, rape, armed robbery with a firearm, and attempted murder. Other felony cases may be transferred from juvenile court to superior court after a hearing under Georgia law for case transfer hearings.

At What Age Is a Child Prosecuted as an Adult in Georgia?

Georgia law defines a child for delinquency purposes as a person under 17. A person who was 17 or older at the time of the alleged offense is prosecuted as an adult in superior court. Children aged 13 to 16 may also be prosecuted as adults if charged with certain enumerated offenses. They may also be prosecuted as adults if their case is transferred.

Is a Juvenile Adjudication a Criminal Conviction?

No, an adjudication of delinquency is not a criminal conviction under Georgia law. The juvenile court finds a child "delinquent" rather than "guilty." But an adjudication still carries serious consequences. They include possible Department of Juvenile Justice commitment, probation, and collateral effects on education, employment and military eligibility. A later adult case may also use the disposition to set bail, in plea negotiations and at sentencing.

Are Juvenile Records Automatically Sealed in Georgia?

Juvenile records are automatically sealed only in limited circumstances. Under Georgia law, records are sealed when a delinquency petition is dismissed. Records are also sealed when the matter is resolved through informal adjustment. After an adjudication of delinquency, sealing takes an application to the court or the court’s own motion. The court must then find that two years have passed since final discharge, that no later felony or moral turpitude conviction and no new adjudication have followed, and that the person has been rehabilitated.

How Long Can a Juvenile Be Committed to DJJ in Georgia?

A standard commitment order lasts two years under Georgia law, which governs the duration. The Department of Juvenile Justice may discharge the child sooner. The court may extend commitment for up to two additional years. The extension applies only if the court finds it necessary for treatment or rehabilitation, and every order affecting the child ends when the child turns 21. Designated felony dispositions under Georgia law for designated felony acts may carry different terms.