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Georgia Juvenile Delinquency Charges
What is Juvenile Court?
Juvenile Court is the court of original jurisdiction for any child under 17 years of age who is charged with a “delinquent act” under Georgia Law. Georgia does not call charges criminal if the person is under 17 years of age and instead calls them delinquent acts and the case is called a delinquency proceeding.
Delinquency proceedings are governed under Title 15 Chapter 11 Article 6 of the Official Code of Georgia Annotated. That code section can be found here. The purpose of juvenile court in delinquency proceedings is outlined in O.C.G.A. 15-11-470 to:
(1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child's age, education, mental and physical condition, background, and all other relevant factors, but to mitigate the adult consequences of criminal behavior;
(2) To accord due process of law to each child who is accused of having committed a delinquent act;
(3) To provide for a child committing delinquent acts with supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable such child to become a responsible and productive member of the community;
(4) To promote a continuum of services for a child and his or her family from prevention of delinquent acts to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives;
(5) To provide effective sanctions to acts of juvenile delinquency; and
(6) To strengthen families and to successfully reintegrate delinquent children into homes and communities.
The Juvenile Detention Process
The juvenile court delinquency process in Georgia begins in one of two ways. It can begin by taking the juvenile into custody either through arrest or without an arrest through the complaint process. Some complaints do not require custody such as traffic offenses and other minor offenses. Once a determination is made to take the juvenile into custody, the juvenile must be brought to a juvenile intake officer who will make the final determination on whether or not they should be detained. If a juvenile is detained on a complaint they must be brought in front of a judge for a detention hearing within 2 days of the date of the complaint. If the juvenile is arrested, they must be brought in front of a judge within 5 days of the date of arrest.
At that hearing a Judge will determine whether the child should continue to be detained based on the following factors:
Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and that:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period;
(2) Such child has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others;
(3) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or
(4) An order for such child's detention has been made by the court.
If a child is detained they have the same right to bail as adults. The Juvenile Court Judge will look at the Ayala factors to determine whether the juvenile should be granted bail.
If a child remains in custody, the State must file a petition of delinquency outlining the charges within 3 days of the detention hearing. That petition must be served within 3 days of its filing. The petition is the document in Georgia Juvenile delinquency proceedings that is similar to an accusation or indictment, outlining the charges.
The Juvenile Delinquency Proceeding Process
If the child is not being detained, the State has 30 days from the date of the delinquent act to file its delinquency petition. The delinquency petition is a required statute under Georgia law and must include the following information set forth in O.C.G.A. 15-11-22:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought and that such child is in need of supervision, treatment, or rehabilitation, as the case may be;
(2) The name, age, and residence address of such child on whose behalf such petition is brought;
(3) The name and residence address of such child's parent, guardian, or legal custodian; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within this state or if such place of residence address is unknown, the name of any of such child's known adult relative residing within the county or, if there is none, such child's known adult relative residing nearest to the location of the court;
(4) If a child is in custody, the place of his or her detention and the time such child was taken into custody;
(5) If a child is being charged with a class A designated felony act or class B designated felony act; and
(6) Whether any of the information required by this Code section is unknown.
A copy of the petition along with a summons to appear in court for an adjudication proceeding must be served upon the juvenile at least 3 days before the date of the hearing if a Georgia resident, and at least 5 days before the hearing if the juvenile lives out of state.
The juvenile and their attorney are entitled to discovery prior to the adjudication hearing upon motion filed with the juvenile court and served upon the prosecuting attorney. Discovery must be provided at least 2 days prior to the adjudication hearing. Under the juvenile discovery statute, they are entitled to:
A copy of the complaint;
A copy of the petition for delinquency;
The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge;
A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness;
A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing;
Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product;
Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;
Photographs and any physical evidence which are intended to be introduced at the hearing; and
Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge.
At the adjudication hearing, the Judge will inform the child regarding their rights and then ask them if they admit or deny the allegations made in the petition for delinquency. If an admission is made, the court then moves to the disposition stage which may involve sentencing. If the juvenile denies the allegations, the Judge will hear evidence on the allegations. There is no jury in juvenile court adjudications. The Judge makes the ultimate determination and it is the State’s burden to prove the delinquent act beyond a reasonable doubt. If the court finds that the child has committed a delinquent act, then it is the Judge’s responsibility to close the case through a disposition proceeding. It is the Judge’s determination whether to hold the disposition proceeding immediately, or set a date for the hearing within 30 days of the adjudication proceeding.
In making its final disposition the court will consider any evidence including hearsay that the court determines to be relevant, reliable, and necessary in making its determination. The maximum time a juvenile can serve under any single juvenile disposition order is 2 years. Once a juvenile reaches the age of 21, they can no longer be under a disposition order.
When Juveniles Can Be Treated as Adults
In certain circumstances, juveniles under the age of 17 can be charged and prosecuted as adult in Georgia Superior Courts under Georgia law. O.C.G.A. 15-11-560 outlines when juveniles can be prosecuted in Superior Court:
(a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution.
(b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder;
(2) Murder in the second degree;
(3) Voluntary manslaughter;
(4) Rape;
(5) Aggravated sodomy;
(6) Aggravated child molestation;
(7) Aggravated sexual battery;
(8) Armed robbery if committed with a firearm;
(9) Aggravated assault if committed with a firearm upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-21; or
(10) Aggravated battery upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-24.
The District Attorney’s office in the county in which the juvenile is being prosecuted has discretion to transfer the case back to Juvenile court prior to indictment if they so choose. Once the case has been indicted, the Superior court can transfer the case to Juvenile court at their discretion and based on the criteria outlined in O.C.G.A. 15-11-562 which includes:
(1) The age of such child;
(2) The seriousness of the alleged offense, especially if personal injury resulted;
(3) Whether the protection of the community requires transfer of jurisdiction;
(4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner;
(5) The impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, health care expenses incurred, and lost earnings suffered;
(6) The culpability of such child including such child's level of planning and participation in the alleged offense;
(7) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system;
(8) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements;
(9) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living;
(10) The program and facilities available to the juvenile court in considering disposition; and
(11) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court.