Georgia Juvenile Justice System at a Glance
In Georgia, the juvenile justice system is governed by the Georgia Department of Juvenile Justice (DJJ) under the Georgia Division of Family and Children Services within the Department of Human Services. It was designed to help children take responsibility for their actions and provide second chances instead of incarceration.
Juvenile delinquents can commit a crime that may or may not be a crime if they were an adult. It is any violation of a federal, state or local law which could subject them to a fine, probation, incarceration, commitment to the Department of Juvenile Justice (DJJ), electronic monitoring, or community service.
Georgia juvenile court judges have exclusive jurisdiction in juvenile delinquencies—that is anything past a simple violation of city ordinances. In cases of allegations of murder or sexual assault on minors, the juvenile court judges have joint and exclusive jurisdiction with the superior court.
Juvenile courts handle matters not just criminal in nature , but any status offenses. A status offense is an act that would not be a crime if committed by an adult. These could include:
Status offenses are broken into two basic types of cases: family in need of services (FINS) and ungovernable or unruly children. In FINS cases, a child may have committed a status offense, or has been a witness to abuse and neglect, or is a run-away. In ungovernable/unruly child cases, the child has violated a court order or is a runaway.
Juvenile courts across Georgia are established for the sole purpose of administering juvenile justice within the state. That includes fostering children in need of services, helping delinquent children through rehabilitation and guardianship for wards of the state.
In addition, there are courts for families who need help dealing with divorce, child support, etc. These are known as "family court" or "dependent care court."
The DJJ does not like to go by local policies with regards to the juvenile courts. Instead, they are governed by the O.C.G.A. 15-11.1 through 15-11.116.
Categories of Juvenile Crimes
In Georgia Juvenile Law, much like in any State law, there are two types of criminal offenses juvenile offenders face- status offense and delinquent acts. Status offenses are crimes which can only be committed by a juvenile, such as truancy from school, which are offenses that endanger the juvenile, and not others. Status offenses are not considered criminal offenses, but can still result in detention. Delinquent acts include criminal offenses such as robbery, battery, and various drug offenses. Delinquent acts, unlike status offenses, can be committed by anyone, and therefore are considered a criminal offense punishable by jail time or detention. Also in the area of criminal offenses that can lead to detention, are traffic violations. Traffic violations are offenses that are often overlooked when it comes to juvenile offenses. However, since these offenses are still criminal offenses, they can still lead to detention time for your son or daughter.
The Rights of Juveniles in Georgia
In the state of Georgia, juvenile laws afford certain rights to those who fall under the category of a minor or have not reached the age of 18. Of these rights is the right to be informed and to have access to counsel as well as other protections as outlined in juvenile legislation.
Within the Georgia juvenile justice system, all minors are entitled to legal counsel to assist them through the court process. Counsel is afforded at no cost to indigent juveniles. With this right, minors also have the privilege to reject counsel if they choose to. If a minor wishes to do so, they must sign a waiver which is recorded and placed into court files. For the purposes of ensuring that the right to counsel is upheld, law enforcement may contact the minor’s parent or guardian. If neither parent or guardian are available, or if the minor does not wish for them to be contacted, law enforcement will call the juvenile court to appoint counsel.
Although the right to counsel is equally applicable in cases involving minors, there are stipulations in determining how the right is granted. Within the juvenile system, there are two categories of offenses which are classified as delinquent acts: misdemeanor and felony. Unlike adult law, in which misdemeanors are less severe than a felony, juvenile law accords equal severity to all offenses committed by a minor. Therefore, instead of misdemeanors and felonies, juvenile law distinguishes offenses on a range of nonviolent to violent. To illustrate the types of offenses, an example of a nonviolent offense would include shoplifting or truancy. A violent offense would include any charges of murder, manslaughter, aggravated assault, sexual assault, etc.
Criminal charges are treated differently for juveniles. In the juvenile system, the legal standard for guilty pleas varies from that of adults. Whenever a child enters a plea of guilty, they cannot be sentenced by a judge holding a jury trial. In juvenile court, it is mandatory that juveniles be tried with a jury and sentenced by the judge. Also, any defendant may be offered a plea agreement by the prosecutor. If the deal is accepted and later rejected by the judge, the client then has the option to have the case dismissed rather than progress.
Juvenile Court Proceedings
In Georgia, the juvenile court process begins when a child under the age of 17 is believed to have committed a delinquent act. Law enforcement officers may take the child into custody if they have reasonable cause, or the child may be brought to the attention of the juvenile court by a school principal or a parent.
Intake
For many juveniles, the juvenile court process begins at intake. Intake is the process by which the court determines whether a child meets the jurisdictional requirements for juvenile court and whether there has been an alleged violation of the juvenile code. Children who are accused of violating the law are considered delinquent children, and those who have been harmed are considered children in need of services.
If the alleged offense appears to be delinquent, a probation officer conducts an intake interview with the child and the parents. The officer informs the parents of their rights and responsibilities and whether the child will be detained. The officer may give a written notice to appear in court (a complaint) or may recommend that the child participate in a diversion program. If the officer believes that the child will not comply, he or she may request that the child be held in detention until a court appearance.
If the child is alleged to be in need of services, the officer may send a recommendation for services to the judge. The court may then appoint a lawyer to represent the child and schedule an adjudicatory hearing.
The Adjudicatory Hearing
In most cases, the adjudicatory hearing is held before a judge (or a jury of six persons). The purpose of the hearing is to determine whether the child did what he or she is accused of doing. The burden of proof is on the state, and it must prove that the child committed the delinquent act beyond a reasonable doubt.
If the child is adjudicated delinquent, the case is referred to the disposition phase.
Disposition Hearing
A disposition hearing is similar to a sentencing hearing for adults. The purpose is to determine what sanctions are appropriate for the child. The judge will consider the report and recommendations of the designated probation officer, along with reports from family members, school officials and others. The child may also present information and call witnesses.
The judge has a wide range of options when determining a sanction or applying disposition. He or she may place the child on probation, suspend the sentence, place the child in a detention center or inclusive community setting, transfer the case to adult court, or impose a fine. Other options may include an alternative to detention program or a school behavior program. If the judge chooses commitment to a regional youth development center, it must be for a demonstrably serious offense. The length of the commitment cannot generally exceed 90 days.
Diversion Programs
Alternatives to formal adjudication are sometimes available for children who have committed minor offenses. One example is pre-trial intervention, in which a case is diverted for a period of time to give the child a chance to correct their behavior. If the child meets all conditions, they can return to their normal lives without a formal charge being entered.
Another option in Fulton County Superior Court is a pre-arrest intervention program. Children accused of non-violent misdemeanors who complete the program can have the arrest charged removed from their records.
Sentencing Alternatives and Probation for Juveniles
Sentencing options for juvenile offenders vary, but the Juvenile Code offers greater flexibility than the prosecution of adult criminal matters. For instance, a juvenile cannot receive a sentence of incarceration in a state prison. Additionally, more than one type of sanction can be imposed at the same time. Because rehabilitation is such an important goal in juvenile justice, the juvenile court has access to more rehabilitative resources. To this end, Georgia law provides many sentencing options and shows a preference for alternatives to a locked facility.
Some of the most common dispositions ordered by judges in juvenile court include:
Judges can put juveniles on probation or order them to receive treatment in a group or foster home. The most common form of probation is intensive probation where a probation officer supervises the youth in a one to one ratio. This approach incorporates aspects of a residential program with lighter case load and more individualized treatment. Other dispositions may include deferred disposition under which the charge is dismissed upon completion of conditions set by the court, bail, or some other release from custody.
In Georgia , juveniles accused of committing an offense which would be a felony if committed by an adult will be held at either a Regional Youth Detention Center (RYDC) or a Georgia Department of Juvenile Justice (DJJ) youth development center. The youth’s age, offense, and other factors will determine the specific facility in which they will reside. If the youth is placed in a RYDC, a judge must hold an adjudication and disposition hearing within 30 days. If the youth is placed in a DJJ facility, a judge must hold a hearing within 90 days. The maximum length of stay in a RYDC is 90 days. Youths who are in a DJJ facility can stay until their 18th birthday or their sentence is up. Some youth, if placed in DJJ facilities do not age out at 18, but remain until their 21st birthdays.
Most youth who are placed in a detention center remain in school, or are enrolled in an academic program focused on obtaining G.E.D. certificates. Many programs offer vocational training, and some offer therapy.
Finally, if a juvenile is charged with a status offense, such as truancy, courts offer diversion programs and local programs to address issues like truancy, runaways and unruly conduct.
The Role of Parents and Guardians in Juvenile Court
Understanding Georgia Juvenile Laws: A Comprehensive Guide
Complicating matters further, the parent/guardian can’t make certain decisions on behalf of the juvenile until they turn 17. Until that time, any appeal from a finding of guilt must be initiated by the parent or guardian as an appeal of their judgment, not the juvenile’s.
Still, the role of the guardianship is vital. The parent or guardian not only has the right to include their voice in the decision-making of the judge, but they are also privy to any plea bargaining, diversion program, or other important developments in the case. They can also be called to testify on the juvenile’s behalf or against them in serious situations, so it’s important for the parent/guardian to choose the right attorney for the juvenile’s defense.
Under Georgia law, the juvenile court has a variety of roles. Courts are empowered to adjudicate cases of actual delinquency, termination of parental rights, and the act of depriving or abusing a child. They may also address the disability of a juvenile or issues of child custody under certain circumstances.
Depending on the offense, the court may choose to impose consequences or sentences that do not result in incarceration. While some charges, such as murder or aggravated murder, are automatically transferred to a criminal court when the juvenile is 15 years of age, other cases may be handled in a juvenile court. Other serious or violent offenses may be handled only in the juvenile court at the judge’s discretion.
Parents and guardians play a strong role in the handling of cases in these courts. In many situations, the juvenile court judge will not proceed with a case unless a parent is present. Furthermore, the parent or guardian is encouraged to take an active role in the case along with legal representation.
The benefits to having experienced defense counsel on your child’s side in a juvenile court case are many. For one, the defense attorney can act as an advisor at key junctures in the case, including:
Most importantly, the DUI defense attorney can work to improve the outcome of the case and keep the juvenile from facing harsher consequences than necessary. Parents and guardians should familiarize themselves with the various rules of the juvenile court and their own responsibilities in the process.
Emerging Trends and Upcoming Reforms in Georgia Juvenile Law
The landscape of Georgia juvenile law has seen gradual shifts towards more progressive, rehabilitative measures as opposed to the traditionally punitive and retributive approaches. Recent years have witnessed a concerted effort to create systems and structures that underscore the wellbeing and future success of young people, particularly after navigating the juvenile justice system.
For instance, several counties throughout the state have adopted restorative justice approaches to resolve offenses and reduce recidivism. The idea behind these programs is to allow for healing and closure on all sides: for victims and their families as well as the offender and their family. By facilitating a dialogue and opportunities to make amends, diverted youth can avoid further entanglement in the juvenile justice system.
Similarly, there have been many legislative proposals that strive to better envelop at-risk youth . For example, bills that would create a system for ensuring appropriate and efficient treatment for seriously mentally ill youth have been introduced numerous times over the past few years with varying levels of success. In addition, access to mental health services and protection for youth victims of human trafficking have garnered increased attention.
Ongoing advocacy efforts for reforms at the juvenile court level are reflective of comprehensive approaches to managing the wellbeing of young people. By collaborating with social services, behavioral health care providers, and community organizations, the Georgia’s juvenile justice system can be a comprehensive solution to meeting the needs of minors and their families.
It is important to understand and monitor these new developments if you or a loved one is facing the juvenile court system. A juvenile defense lawyer is not simply an advocate against conviction, but a professional who seeks advocates for, supports, and protects their clients.
