JUVENILE CRIME
Protecting Your Child’s Rights to Ensure a Future
Georgia juvenile courts are controlled by the juvenile code. The philosophy of the juvenile courts is to be protective of the child rather than punitive. The juvenile court is to do what is in the best interest of the child while considering the best interests of society. We want to protect your child in juvenile crime.
Each county also has a juvenile court. They hear all matters involving minors under 17 years old who are accused of:
- A deliquent act
- A status offense
What Is A Deliquent Act?
These are acts that would be a crime if it was committed by an adult. For some serious felonies, including murder and rape, anyone over 12 years old will be charged as an adult.
What Is A Status Offense?
These include traffic offenses and acts that are only crimes when a juvenile does them, including skipping school and running away.
When Can a Juvenile Be Taken Into Custody?
A youth may be taken into custody if there are reasonable grounds to believe that he or she has committed a delinquent act or a status offense. A youth may also be taken into custody if he or she has been abused and/or neglected. Neither of these events is considered an arrest, so the youth can legally claim never to have been arrested. This claim is true as long as the youth’s only contact with the criminal justice system is through the juvenile court.
Juvenile Rights
Like adults, juveniles have rights when they are charged with a crime in Georgia:
- You have the right to enter a plea of not guilty.
- You have the right to an attorney throughout all trial proceedings.
- If you cannot afford an attorney, you have the right to ask the court to appoint one at no cost to you.
- You have the right to be presumed innocent throughout the court proceedings unless you are found guilty beyond a reasonable doubt.
- You have the right to present evidence in your own defense.
- You have the right to confront witnesses who testify against you at trial.
- You have the right to remain silent at trial or testify in your own defense. Silence cannot be used against you.
- If you are found guilty at trial, you have the right to appeal.
Additional Juvenile Protections
Minors in the juvenile justice system have some additional protections:
- Although not required by Georgia law, it is desirable for parents, a legal guardian, or an attorney to be present when a youth is questioned by the police or anyone else.
- The Georgia Supreme Court has held that parents should be present when a child waives their Fifth Amendment privileges.
- The rules for deciding if a confession can be used against a defendant in court are stricter for juveniles than for adults in Georgia.
- A court considers whether the juvenile waived their rights knowingly and voluntarily.
- It takes into account factors such as the juvenile’s age, education, and their understanding of the meaning of their rights.
- Interrogation methods and whether the juvenile was allowed to consult with an adult would also be considered.