Who Georgia Juvenile Court Handles
Georgia juvenile court usually hears cases against children under 17 who are accused of delinquent acts. Georgia's juvenile code defines terms and procedures that apply to children, not adults. That age cutoff matters. Most other states draw the line at 18. In Georgia, a 17-year-old charged with a criminal offense is tried as an adult in state or superior court.
A DUI is handled differently again. If the charge is an underage DUI charge against a driver under 21, the alcohol limit and the licence consequences are their own subject.
This gap matters for families in college towns like Athens. A 17-year-old UGA student facing criminal charges is an adult case under Georgia law. It calls for a different defense plan.
For children ages 13 to 17, Georgia's "seven deadly sins" rule creates another big exception. The superior court has exclusive original jurisdiction over children in that age range charged with certain serious crimes. The list starts with murder and second-degree murder. It also covers voluntary manslaughter, rape, aggravated sodomy, and aggravated child molestation. It ends with aggravated sexual battery, armed robbery with a firearm, and aggravated assault or battery with a firearm against a public safety officer. These cases skip juvenile court. The child is tried as an adult in superior court.
Say your child is under 17 and accused of a delinquent act that is not on that list. The case will usually begin in juvenile court. Knowing which court hears the case is the first step in building a juvenile defense.
How a Delinquency Case Moves Through Juvenile Court
Parents often feel lost when their child enters the juvenile court system. Knowing the steps helps families get ready and make better choices.
Intake and Pre-Hearing Detention
A delinquency case often begins at intake. Police or a school refer the matter to the juvenile court. If the child is taken into custody and placed in secure detention, the clock starts right away. A juvenile justice attorney can get involved at this stage. The attorney can push for the child's release before a formal hearing.
The Detention Hearing Deadline
A child held in secure custody must get a detention hearing fast. The deadline is two business days if the child was taken into custody without an arrest warrant. It is five business days if an arrest warrant was used. At this hearing, the court decides whether the child should stay in custody. The court may also release the child to a parent or guardian. Defense counsel matters here. Counsel argues for release and points to options other than detention.
Filing of the Delinquency Petition
If the prosecutor decides to move forward, a formal delinquency petition is filed. The petition lists the delinquent acts the child is said to have committed. Filing it starts the formal court process.
The Adjudication Hearing
The adjudication hearing is the juvenile version of a trial. The judge – not a jury – hears the evidence. The judge then decides whether the child committed the delinquent act. The standard of proof is beyond a reasonable doubt, the same as in adult criminal court. Children in juvenile court have no right to a jury trial.
The Disposition Hearing
If the court finds the child committed the delinquent act, the case moves to disposition. The judge hears evidence and decides what happens next. Options range from probation and community service to a stay in a residential facility. The outcome depends on the offense and on the child's history. Disposition in juvenile court aims to help the child, not to punish.
Options That Can Keep a Child's Record Clean
Not every juvenile case has to end with a formal adjudication. Georgia law offers several options before that point. They may settle the matter with no delinquency finding on the child's record.
Informal Adjustment
A probation officer, or another officer the court names, may offer an informal adjustment. The court directs that work. This is a supervised agreement that settles the matter with no adjudication. Both the child and a parent, guardian, or legal custodian must agree to it. The counseling and advice period runs up to three months. The court may extend it once for up to three more months. If the act alleged is a class A or class B designated felony act, the district attorney must agree first. If the child finishes, no adjudication is entered.
Diversion Programs
Many Georgia counties offer diversion programs through the local juvenile court or district attorney's office. A program may ask the child to work community service hours. It may also call for counseling, classes, paying money back, or other conditions. If the child finishes the program, the case often closes with no formal adjudication.
Both informal adjustment and diversion can protect a child's future. Keeping a delinquency finding off the record protects a child's shot at college, scholarships, a job, and military service. Whether a child qualifies turns on the offense, the child's prior record, and what the prosecutor and the court decide.
Some families come to us when the child already has a juvenile record. Georgia law may allow those records to be sealed or restricted after the case ends. Visit our page on record expungement and restriction for more on that process.
Common Juvenile Offenses in Georgia
Georgia juvenile courts handle a wide range of delinquent acts. A juvenile offenses attorney sees some charges far more often than others.
Drug possession – including marijuana and other controlled substances – is one of the most common charges. Juvenile court may stress treatment and school over jail time for drug cases.
Shoplifting and theft charges often involve first-time offenders. These cases may be strong candidates for diversion or informal adjustment. Much turns on the value of the property and the child's history.
Assault and battery cases often arise from school fights or fights between friends. These charges range from minor scuffles to serious incidents. The worst of them can carry heavy consequences at disposition.
Underage alcohol offenses and vandalism or criminal damage to property are also common in juvenile court, above all among teenagers.
Weapons charges carry added risk. A child found with a weapon at school, or while committing another offense, may face a stricter disposition.
Some juvenile cases involve family violence allegations. Fights between siblings, or between a parent and child, can end in charges. These cases raise their own legal issues. They may bring protective orders or required counseling. Families facing a family violence charge involving a child should also read our domestic violence defense pages.
Certain offenses may qualify as designated felony acts. When a child is adjudicated for a class A or class B designated felony act, the court may order restrictive custody and a stricter disposition. The court must weigh the child's age, maturity, risk level, and the offense itself. Those factors shape whether the child is placed in a secure or non-secure residential facility.
When a Juvenile Case Moves to Adult Court
A child's case can end up in superior court through two paths. Both can change a child’s life.
Cases That Start in Superior Court Under the "Seven Deadly Sins" Rule
As noted above, the superior court has exclusive original jurisdiction over children ages 13 to 17 charged with the listed offenses. These cases start in superior court. They are not transferred out of juvenile court. Neither the juvenile court nor defense counsel can move them. At any time before indictment, though, the district attorney may decline to prosecute in superior court after looking into the case and for cause. A petition must then be filed in juvenile court. The deadline is 72 hours if the child is in detention, or 30 days if the child is not detained.
Discretionary Transfer
For offenses outside that exclusive superior court jurisdiction, the juvenile court may hold a transfer hearing. It may do so on its own motion or on the prosecuting attorney's motion. The hearing comes after a delinquency petition is filed but before the adjudication hearing. Transfer normally requires that the child was at least 15 at the time of a felony. It can also reach a child of 13 or 14 charged with an offense punishable by life in prison, or an aggravated battery that causes serious bodily harm. The court weighs the seriousness of the offense and the child's prior record against the welfare of the community.
Transfer hearings are high-stakes. If the court grants the transfer, the child faces adult charges and adult penalties. Strong juvenile defense at that hearing matters. It can be the line between staying in the juvenile system and ending up with an adult criminal record.
Remember that 17-year-olds are already tried as adults in Georgia. If your 17-year-old faces charges in Athens or another college town, that is an adult criminal case.
What a Juvenile Defense Attorney Does for Your Child
A juvenile defense lawyer speaks for the child at every stage of the delinquency case. Here is what that looks like in practice.
At the detention hearing, counsel argues for the child's release within the two to five business day window the statute sets. That can mean offering a release plan, naming a responsible adult to watch the child, and meeting the court's safety concerns.
Before a petition is filed, a skilled attorney asks whether informal adjustment or diversion is open. Working out those deals with the prosecutor takes a feel for local court practice. Practice varies by county across Georgia.
If the case goes to an adjudication hearing, defense counsel reads the petition and all the evidence. The attorney finds holes in the state's case, cross-examines witnesses, and puts on the child's defense before the judge.
At disposition, the attorney pushes for the least restrictive outcome the facts allow. That may mean probation, community service, counseling, or other options short of restrictive custody.
Kohn & Yager LLC handles juvenile delinquency cases in Georgia's juvenile courts. The firm knows the local rules that differ from county to county. Those rules shape how intake calls are made. They also shape how each judge approaches disposition. Every case is different. Outcomes depend on the facts of each case.
Talk to a Georgia Juvenile Defense Attorney
If your child has been accused of a delinquent act in Georgia, time matters. The detention hearing must be held within two business days of a child being placed in secure custody without a warrant. It must be held within five business days if a warrant was used. Getting a lawyer in early may open doors to informal adjustment or diversion. Those doors can close once a petition is filed.
Kohn & Yager LLC handles juvenile defense cases across Georgia. A consultation can help you understand your child's situation, what is at stake, and the options on the table. No two cases are alike. Results depend on the facts of each case.
Contact Kohn & Yager LLC to speak with a juvenile defense attorney about your child's case.
Frequently Asked Questions About Juvenile Defense in Georgia
At What Age Does Georgia Juvenile Court Stop Having Jurisdiction?
Georgia juvenile court usually handles children under 17. Once a person turns 17, Georgia treats them as an adult in criminal court. That is younger than most states, where the cutoff is 18. A 17-year-old charged with an offense in Georgia goes to adult court.
What Happens at a Juvenile Detention Hearing in Georgia?
A child held in secure custody must get a detention hearing within two business days if no arrest warrant was used. If an arrest warrant was used, the deadline is five business days. The judge decides whether the child stays in custody or goes home to a parent or guardian. Defense counsel can argue for release and offer a supervision plan. This hearing is one of the first chances to speak up for the child.
Can My Child's Juvenile Record Be Sealed or Restricted in Georgia?
Georgia law may allow juvenile records to be sealed or restricted after a case concludes, depending on the offense and outcome. This can protect your child's future at school and at work. Visit our record restriction page for details on eligibility and the process for sealing a juvenile record.
What Are the "Seven Deadly Sins" That Send a Child to Adult Court in Georgia?
Children ages 13 to 17 charged with certain serious offenses must be tried in superior court. The list covers murder, second-degree murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, and aggravated sexual battery. It also covers armed robbery with a firearm and certain assaults or batteries on public safety officers committed with a firearm.
Does My Child Get a Jury Trial in Juvenile Court?
No. In Georgia juvenile court, the judge – not a jury – decides both the adjudication and the disposition. The adjudication hearing works like a bench trial. The judge weighs the evidence and makes all findings.