Juvenile Criminal Attorney in Savannah

How Georgia Classifies Juvenile Offenses

Under the Georgia Juvenile Code, delinquency proceedings involve acts that would be crimes if committed by an adult. Status offenses involve conduct that’s unlawful because of the child’s age, including truancy and behavior classified as unruly or ungovernable.

Georgia juvenile courts generally have exclusive original jurisdiction over delinquency matters involving children who were under 17 when the alleged offense occurred. That general rule doesn’t apply to every serious allegation.

Serious Charges Under Superior Court Jurisdiction

Superior Court has exclusive original jurisdiction over children ages 13 through 17 who are accused of specified serious offenses. Those offenses include murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, and aggravated sexual battery.

After an investigation, a district attorney may decline to prosecute an eligible serious offense in Superior Court. When the statutory filing requirements are satisfied, the case can then return to juvenile court. The charge, the child’s age, and the prosecutor’s decision all affect which court has authority over the case.

Stages of a Juvenile Delinquency Case

A juvenile delinquency case generally moves through intake, possible detention review, adjudication, and disposition. The exact course depends on whether the child is held in custody, how the allegations proceed, and the court’s decisions.

Detention Hearing
If a child is taken into custody, Georgia law generally requires a juvenile detention hearing within two days if the child was taken into custody without a warrant, or five days if taken into custody on a warrant. At that hearing, continued detention turns on whether the child presents a danger to the community or is unlikely to appear at future hearings.

Adjudication
At adjudication, the court determines whether the allegations have been proven. This stage serves a role similar to determining guilt in an adult criminal case, although juvenile proceedings use different terminology and procedures.

Disposition
Disposition is the court’s response after an adjudication. Depending on the case and the court’s decision, potential outcomes can include diversion, probation, or detention.

Counsel & Record Restriction in Chatham County

Chatham County Juvenile Court handles delinquency complaints involving children under 17 and has jurisdiction throughout the county, including Savannah. Children appearing in that court have a constitutional right to a lawyer. When a family can’t afford counsel, the court appoints an attorney.

Restriction of Juvenile Records

Georgia law permits restriction of certain juvenile records under O.C.G.A. § 15-11-723. A restricted record is hidden from most background checks, and the individual may lawfully deny the arrest or adjudication in most circumstances.

Restriction isn’t automatic or available for every record. Eligibility depends on the applicable legal requirements and the history of the case, so the record must be reviewed before anyone can determine whether restriction is an option.